THE
Rights
,
Powers
and
Priviledges
,
OF
AN
English
Convocation
STATED
and
VINDICATED
.
THE
Little
Book
which
gave
occasion
to
Dr.
Wake
's
Voluminous
Answer
,
proposed
to
Consider
,
First
,
What
Need
there
was
of
a
Convocation
;
and
then
,
What
were
the
Rights
of
the
Clergy
of
the
Church
of
England
in
relation
to
it
:
Presuming
,
I
suppose
,
that
a
Claim
of
Right
could
never
come
so
decently
from
Subjects
to
their
Prince
,
as
after
shewing
,
that
they
were
under
a
Necessity
of
making
that
Claim
.
Dr.
Wake
,
who
is
a
great
Master
of
Method
,
has
thought
fit
to
change
the
Order
of
the
Questions
;
and
to
enquire
first
into
the
matter
of
Right
,
before
he
allows
the
Point
of
Expedience
to
be
Debated
.
I
shall
be
forc'd
to
dissent
from
this
Gentleman
so
often
in
very
concerning
Points
hereafter
,
that
I
will
not
give
my self
the
trouble
of
disputing
a
Trifle
with
him
here
;
and
shall
therefore
take
the
Method
He
has
Prescribed
me
.
I
am
so
fully
satisfied
of
the
Truth
and
Reasonableness
of
what
I
contend
for
,
that
I
care
not
at
which
end
of
the
Argument
I
begin
.
The
Two
great
Convocation-Rights
chiefly
insisted
on
in
that
Paper
,
and
endeavoured
to
be
set
aside
by
Dr.
Wake
in
his
Answer
to
it
,
are
these
:
-
I.
A
Right
of
Meeting
and
Sitting
in
Convocation
as
often
as
a
New
Parliament
Meets
and
Sits
.
-
II.
A
Right
of
Treating
and
Deliberating
about
such
Affairs
as
lie
within
their
proper
Sphere
,
and
of
coming
to
fit
Resolutions
upon
them
,
without
being
necessitated
antecedently
to
Qualify
themselves
for
such
Acts
and
Debates
by
a
License
under
the
Broad
Seal
of
England
.
Indeed
these
Rights
of
the
Clergy
do
,
at
present
,
lie
under
some
Disadvantage
;
both
,
because
they
have
not
,
of
late
years
,
been
duly
Claimed
and
Exercised
;
and
because
Some
even
of
the
Clergy
themselves
have
freely
given
them
up
,
and
publickly
owned
and
maintained
the
Church
to
be
at
the
Absolute
Mercy
of
the
Crown
in
these
Particulars
.
But
,
whatever
Prepossessions
Men
may
be
under
on
this
account
;
yet
,
if
the
Cause
may
be
allowed
a
fair
Hearing
,
I
doubt
not
but
in
the
following
Papers
clearly
to
prove
,
That
the
Church's
Rights
are
,
in
both
these
Instances
,
plain
and
indisputable
;
and
that
therefore
,
whatever
Concessions
some
of
her
Unwary
or
Designing
Members
may
have
made
to
her
Prejudice
,
they
must
be
accounted
for
on
some
other
Bottom
,
beside
that
of
the
mere
force
of
Truth
;
and
how
silent
soever
She
her self
may
have
been
in
the
Vindication
of
these
Rights
,
yet
the
reason
of
that
silence
was
not
,
because
she
had
nothing
to
say
.
CHAP.
I.
THE
Way
in
which
I
intend
to
proceed
,
is
,
First
,
To
State
and
Confirm
the
Two
Points
in
Question
,
shewing
upon
each
of
them
,
wherein
the
Right
claim'd
seems
to
consist
,
and
what
I
take
to
be
the
chief
Evidences
and
Proofs
upon
which
it
is
founded
.
After
this
I
shall
consider
the
Exceptions
of
all
sorts
that
have
been
taken
to
this
Claim
by
Dr.
Wake
,
or
any
other
Writer
,
who
has
appeared
on
the
same
side
;
particularly
by
the
Author
of
the
Letter
to
a
Member
of
Parliament
.
Upon
the
first
of
the
Two
Points
,
in
order
to
give
our selves
a
clear
Account
,
What
the
present
Right
is
,
it
will
be
requisite
to
step
back
a
little
,
and
enquire
,
What
the
former
Usage
has
been
;
What
the
Custom
of
this
particular
Church
and
Realm
in
relation
to
such
Assemblies
;
And
what
also
the
general
Practice
of
the
Church
of
God
in
all
Ages
.
A
Convocation
,
or
Provincial
Synod
,
(
for
so
we
now
use
the
Word
)
may
be
considered
,
either
Simply
in
it self
,
or
as
Attendant
on
a
Parliament
.
I
shall
take
these
Two
several
Views
of
it
;
and
the
first
of
them
in
this
present
Chapter
.
That
such
Assemblies
have
been
held
frequently
from
the
very
beginning
of
Christianity
,
and
under
Heathen
Emperors
,
appears
abundantly
from
Eusebius
[
*
](A26154-e16270-b)
*
L.
5.
c.
23
,
24.
,
St.
Cyprian
[
†
](A26154-e16290-b)
†
Ubique
.
,
and
[
‖
](A26154-e16300-b)
‖
De
Jejun
c.
13.
Tertullian
.
They
were
necessary
for
deciding
the
Differences
that
might
happen
between
one
Diocese
and
another
,
or
between
those
of
the
same
Diocese
,
if
they
could
not
be
composed
at
home
;
for
the
maintenance
of
sound
Doctrine
,
and
wholsome
Discipline
,
and
for
the
promoting
of
the
general
good
of
Christianity
.
The
Authoritative
part
of
these
Meetings
was
compos'd
of
the
Bishops
and
Presbyters
,
who
sat
;
[
*
](A26154-e16360-b)
*
Conc.
Eliberit
.
in
Proaem
.
Greg.
L.
4.
Ep.
44.
4.
Conc.
Tolet.
Capit.
3.
Cypr.
Ep.
1.
Graviter
commoti
sumus
Ego
&
Collegae
mei
qui
praesentes
aderant
,
&
Compresbyteri
nostri
qui
nobis
assidebant
.
the
Bishops
(
in
a
Semi-circle
)
formost
,
and
the
Presbyters
behind
them
;
before
whom
the
Deacons
and
the
People
stood
,
being
little
more
than
Witnesses
of
what
pass'd
at
the
Synod
.
The
Presbytery
were
in
every
City
,
a
necessary
standing
Council
to
their
respective
Bishops
;
(
whose
Power
in
the
Church
was
much
like
that
of
a
King
in
one
of
our
mix'd
Monarchies
:
)
and
together
with
their
Bishops
therefore
they
met
in
a
Diocesan
Synod
,
upon
all
great
Causes
;
and
without
their
Advice
and
Consent
,
nothing
of
Importance
was
,
or
could
be
determin'd
.
This
was
the
settl'd
Rule
of
the
Primitive
Church
,
and
was
kept
up
to
here
in
England
,
when
it
had
declin'd
almost
every
where
else
;
as
the
Constitutions
of
Egbert
[
*
](A26154-e16520-b)
*
Can.
44
,
45
,
46
,
47
,
apud
Spelman
.
Conc.
T.
1.
p.
258.
Arch-Bishop
of
York
,
made
in
the
middle
of
the
Eighth
Century
,
declare
.
And
some
Remains
of
this
Ancient
Discipline
are
yet
visible
in
those
Capitular
Bodies
planted
in
our
Cathedral
Churches
;
who
,
as
they
were
Originally
intended
to
be
a
Select
Presbytery
to
the
Bishop
for
all
the
Affairs
of
his
Diocese
;
so
have
they
still
a
Restraint
upon
his
Authority
in
several
Cases
,
by
the
known
Customs
of
this
Church
,
and
Laws
of
the
Realm
.
Some
of
their
Presbyters
the
Bishops
were
oblig'd
to
carry
along
with
'em
to
the
Council
of
the
Province
;
and
there
,
I
say
,
they
Sat
,
Deliberated
,
and
Voted
upon
all
Matters
that
came
before
the
Assembly
.
Indeed
to
General
Councils
,
the
Inferior
Clergy
came
not
ordinarily
in
their
Own
Right
;
but
as
the
Proxy's
only
of
absent
Bishops
:
which
was
necessary
to
hinder
those
Meetings
from
being
too
numerous
,
and
to
prevent
Confusion
.
However
,
even
the
Bishops
that
were
present
in
General
Councils
,
were
deputed
thither
by
Provincial
Synods
;
[
*
](A26154-e16620-b)
*
See
the
Emperor's
Letter
to
St.
Cyril
.
Conc.
Ephes.
Part
I.
as
also
The
Epistle
of
Capreolus
Bishop
of
Carthage
,
excusing
himself
for
sending
no
Bishops
,
because
the
War
,
which
had
broke
out
in
those
parts
,
hindred
him
from
calling
●
Provincial
Synod
,
from
whence
they
were
to
be
deputed
.
Ib.
pars
2.
Act.
1.
and
brought
along
with
them
the
Resolution
and
Consent
,
of
the
several
Churches
from
which
they
came
:
and
the
Presbyters
therefore
,
having
Voices
in
those
lesser
Synods
,
their
Consent
was
also
in
the
Definitions
of
the
Greater
presum'd
,
and
included
.
In
one
of
these
Provincial
Synods
,
held
in
the
Second
or
Third
Century
,
was
that
,
which
is
since
call'd
the
37th
Apostolick
Canon
fram'd
;
which
orders
,
that
there
shall
be
two
of
these
Assemblies
yearly
,
one
in
Spring
,
and
the
other
in
Autumn
.
The
same
thing
(
with
some
small
variety
,
as
to
the
exact
time
of
Meeting
)
was
by
the
Great
Council
of
Nice
decreed
more
solemnly
;
[
*
](A26154-e16710-b)
*
Can.
5.
and
their
Decree
enforc'd
by
the
Council
of
Antioch
[
†
](A26154-e16730-b)
†
Can.
20.
first
,
and
then
by
the
Fourth
General
Council
at
Chalcedon
.
[
⸫
](A26154-e16750-b)
⸫
Can.
19.
Afterwards
by
reason
of
the
difficulty
of
convening
in
times
of
War
and
Confusion
,
these
Synods
were
order'd
to
meet
but
once
a
Year
,
by
the
Sixth
[
‖
](A26154-e16760-b)
‖
Can.
8.
and
Seventh
General
Councils
[
*
](A26154-e16770-b)
*
Can.
6.
in
the
East
,
and
this
Order
was
renewed
here
in
the
West
,
by
the
Fourth
great
Lateran
Council
,
held
under
Innocent
III.
at
the
beginning
of
the
Thirteenth
Century
.
[
*
](A26154-e16820-b)
*
Can.
6.
And
thus
the
general
Law
of
the
Church
stood
in
succeeding
times
;
as
to
Us
at
least
:
For
the
Decree
of
the
Council
of
Basil
,
[
†
](A26154-e16840-b)
†
Sess.
15.
which
made
these
Meetings
Triennial
,
was
not
,
I
think
,
received
here
in
England
.
The
Rule
set
by
these
General
Councils
[
‖
](A26154-e16870-b)
‖
All
of
●em
(
but
●hat
at
Antioch
)
reputed
such
.
was
prescrib'd
also
by
the
Roman
Law
,
[
*
](A26154-e16920-b)
*
Justinian
.
Nov.
123.
c.
10.137
.
c.
4.
received
into
the
Capitulars
of
Charles
the
Great
in
Germany
,
[
†
](A26154-e16970-b)
†
Lib.
1.
Tit.
13.
and
provided
for
very
early
by
special
Canons
in
the
Churches
of
Spain
and
France
,
[
‖
](A26154-e17000-b)
‖
3.
Conc.
Tolet.
c.
18.
Conc.
Regiens
.
c.
7.
1.
Conc.
Araus
.
c.
29.
2.
Conc.
Aurel.
c.
2.
2.
Conc.
Turon
.
c.
1.
and
of
those
lesser
Kingdoms
that
arose
out
of
the
Ruines
of
the
Roman
Empire
;
and
particularly
here
in
England
,
by
a
Canon
of
the
Council
of
Herudford
,
[
⸫
](A26154-e17040-b)
⸫
Beda
▪
I.
4.
c.
5.
Placuit
convenire
nos
juxta
morem
Canonum
Venerabilium
.
held
Anno
673
under
Theodore
Arch-Bishop
of
Canterbury
,
and
which
took
care
not
only
to
establish
the
Practice
for
the
future
,
but
also
to
affirm
the
ancient
Usage
;
it
being
at
the
very
entrance
of
the
Acts
of
it
,
expresly
said
to
assemble
in
Vertue
of
the
Old
Canons
,
as
it
was
held
also
much
about
the
Time
,
that
those
Old
Canons
prescrib'd
.
[
†
](A26154-e17080-b)
†
Sept.
24.
The
Lateran
Canon
,
that
reviv'd
the
use
of
Yearly
Provincial
Assemblies
,
was
in
force
here
(
as
Iohn
de
Athon
tells
us
[
‖
](A26154-e17120-b)
‖
Proaem
.
Othob
.
)
tho'
not
so
well
observed
,
he
says
,
as
it
ought
to
have
been
,
for
a
Reason
too
reflecting
to
be
[
⸫
](A26154-e17130-b)
⸫
Qualia
Concilia
Provincialia
singulis
annis
celebrari
ponitur
sub
praecepto
:
quod
non
est
ergo
negligendum
—
Sed
hodiè
de
facto
praetermittitur
,
quia
fortè
Lucrum
Bursale
Praelatis
non
acquiritur
;
sed
potiùs
tùnc
Expensae
apponuntur
.
He
gives
I
find
,
the
same
free
Reason
in
another
place
,
for
the
neglect
of
some
Provincial
Constitutions
.
De
facto
perrarò
servantur
,
quando
servando
Constitutionem
Bursae
Praelatorum
vacuarentur
.
Sed
aliae
Constitutiones
;
quae
Praelatis
Bursales
sunt
,
satis
memoriae
commendantur
,
&
exequuntur
ad
unguem
.
Ad
Constit.
de
Hab.
Cler.
Englished
.
This
must
be
understood
of
the
time
when
Athon
wrote
,
which
was
somewhat
above
an
hundred
Years
after
[
*
](A26154-e17200-b)
*
For
Pitts
's
Account
,
which
has
been
taken
all
along
upon
trust
,
(
viz.
that
he
Flourished
in
1290
)
must
be
a
mistake
;
since
Athon
was
made
Prebend
of
Lincoln
in
1329
,
and
died
in
1350
,
as
I
find
by
unquestionable
Authorities
.
;
when
in
France
also
it
was
grown
into
neglect
;
as
appears
by
Durandus's
Complaint
[
†
](A26154-e17310-b)
†
De
modo
Conc.
Gen.
cel.
Rubr.
11.
:
But
at
first
,
no
doubt
,
both
here
and
elsewhere
it
was
more
strictly
kept
:
and
to
it
we
owe
that
Body
of
Provincial
Constitutions
which
we
have
;
the
earliest
of
'em
,
those
of
Stephen
Langton
,
bearing
Date
1222
,
a
few
Years
after
that
Lateran
Council
.
Innocent
III.
in
his
Rescript
to
the
Archbishop
of
Sens
[
*
](A26154-e17370-b)
*
Decr.
Greg.
3.10.10
.
Ecclesiarum
Cathedralium
Capitula
per
Procuratores
suos
admittidebent
ad
Tractatum
in
Concilio
Provinc●ali
.
,
directs
,
that
the
Proctors
of
Cathedral
Chapters
should
be
summon'd
to
these
Provincial
Synods
:
From
whence
alone
,
without
further
enquiry
,
we
might
be
satisfi'd
,
that
the
Priors
of
Cathedral
Churches
,
Deans
,
and
Archdeacons
,
those
Praelati
Inferiores
,
had
been
admitted
before
;
as
indeed
the
Capitular
Clergy
,
and
even
the
Rural
Presbyters
had
been
;
tho'
the
Practice
might
be
now
discontinu'd
.
For
,
700
Years
before
the
Date
of
this
Rescript
,
in
a
Spanish
Council
at
Taragone
[
†
](A26154-e17480-b)
†
An.
517.
Epistolae
tales
à
Metropolitanis
sunt
dirigendae
,
ut
non
solùm
de
C●thedralibus
Ecclesiis
Presbyteros
,
verùm
etiam
de
Diaecesanis
ad
Concilium
trahant
.
c.
13.
,
we
find
it
particularly
provided
,
that
the
Bishops
should
bring
along
with
them
to
these
Synods
,
Presbyters
from
their
Cathedral
Churches
,
and
from
the
other
Churches
of
their
Dioceses
.
And
in
the
account
of
a
Domestick
Council
of
our
own
,
not
full
an
hundred
Years
Elder
than
the
Lateran
,
the
Persons
summon'd
to
it
are
thus
reckon'd
up
by
the
Saxon
Chronicle
[
*
](A26154-e17550-b)
*
Regis
Consilio
&
Veniâ
misit
Willielmus
Archiep
.
Cantuaraebyrig
per
Totam
Anglorum
Terram
,
&
jussit
Episcopos
,
&
Abbates
,
&
Archidiaconos
;
cunctos
item
Priores
,
Monachos
,
&
Canonicos
,
qui
essent
in
omnibus
Cellis
intra
Anglorum
Terram
:
omnes
denique
quorum
Curae
Religio
erat
commissa
interesse
Londini
ad
Festum
Michaelis
,
ut
ibi
colloquerentur
de
omnibus
Negotiis
ad
Deum
pertinentibus
,
&c.
Chron.
Sax.
ad
ann.
1129.
The
Saxon
is
,
Ealle
that
thet
Cristendome
ha●don
to
begemen
,
&
to
locen
.
,
Bishops
,
Abbots
,
Archdeacons
;
all
the
Priors
,
Monks
,
and
Canons
,
who
were
in
all
the
Religious
Houses
of
England
:
Finally
,
All
that
had
the
care
of
Religion
committed
to
them
,
i.
e.
I
suppose
the
Parochial
Presbyters
.
The
Decree
of
Innocent
was
so
well
obey'd
in
France
,
that
in
a
National
Council
,
which
met
there
about
Ten
Years
afterwards
[
†
](A26154-e17680-b)
†
Anno
1226.
Vide
M.
Par.
ad
ann.
p.
329.
where
he
has
these
Observable
Words
.
Dedit
Legatus
in
dolo
Procuratoribus
Capitulorum
Licentiam
ad
propria
revertendi
,
retentis
tantum
Archiepiscopis
,
Episcopis
,
&
Abbatibus
,
&
simplicibus
Praelatis
.
Unde
non
immerito
timuerunt
,
ne
procuratâ
eorum
absentiâ
qui
majoris
Prudentiae
erant
&
Experientiae
,
&
prae
Multitudine
potentiores
ad
contradicendum
,
aliquid
statueretur
in
praejudicium
,
&c.
,
the
Proctors
of
Chapters
were
Numerous
and
Resolute
enough
to
quash
an
oppressive
Demand
there
made
by
the
Legat
,
and
to
rescue
the
Liberties
of
the
Gallican
Church
,
for
that
time
,
from
Papal
Encroachments
.
In
England
the
way
was
,
for
the
Dean
,
or
Prior
,
to
bring
up
Instruments
of
Proxy
to
the
Synod
,
which
enabled
him
to
act
for
his
Chapter
,
or
Convent
[
‖
](A26154-e17740-b)
‖
Priores
Installati
tam
sub
Conventûs
●ui
,
vel
Capituli
,
quam
suo
nomine
Literas
Procuratorias
deferentes
.
M.
Par.
ad
ann.
1237.
p.
446.
Priores
Majores
cum
Literis
suorum
subditorum
Procuratoriis
.
An.
Burt.
ad
ann.
1258.
p.
389.
in
the
same
manner
as
the
Archdeacons
[
⸫
](A26154-e17780-b)
⸫
Archidiaconi
cum
Literis
Procuratoriis
factis
ex
parte
Clericorum
qui
subsunt
eisdem-Ann
.
Burt.
ad
ann.
1257.
p.
382.
vide
etiam
pp.
373
,
374
,
355.
&
M.
Par.
p.
920.
also
were
impower'd
to
represent
,
and
conclude
the
Diocesan
Clergy
;
who
were
,
in
those
Days
,
when
Synods
were
frequent
,
willing
enough
to
be
excus'd
the
Expence
and
Trouble
of
Attendance
.
And
this
method
was
often
practis'd
throughout
Henry
III.
his
Reign
,
till
the
Council
of
Reading
in
the
Seventh
Year
of
Edward
I.
order'd
[
*
](A26154-e17820-b)
*
Item
praecipimus
,
ut
—
veniant
duo
Electi
ad
minùs
à
Clero
Episcopatuum
singulorum
,
qui
auctoritatem
habeant
una
nobiscum
tractare
de
his
quae
Ecclesiae
communi
utilitati
expediunt
Anglicanae
,
etiamsi
de
Conturbatione
aliquâ
vel
Expensis
oporteat
fieri
mentionem
.
In
Cap.
de
Exeq.
Epise.
ad
Finem
Lynwood
.
p.
25.
,
that
the
Clergy
of
the
Diocese
should
appear
by
two
Proctors
of
their
own
;
which
I
suppose
has
ever
since
been
constantly
practised
.
Thus
have
much
the
same
Persons
been
summon'd
all
along
,
as
now
:
But
to
what
Ends
,
and
with
what
Authorities
they
came
,
may
be
question'd
.
The
Canonists
,
who
never
fail
to
depress
the
Bishops
for
the
Service
of
the
Pope
,
would
make
them
some
amends
,
in
giving
them
as
extravagant
an
Authority
over
their
Inferiors
.
Lynwood
therefore
,
in
his
Gloss
upon
that
part
of
a
Constitution
of
Archbishop
Arundel
,
where
mention
is
made
of
their
Concurring
to
it
[
†
](A26154-e17900-b)
†
Const.
●inaliter
.
p.
300.
,
is
trying
how
little
he
can
make
of
them
.
The
Words
of
the
Constitution
are
these
.
[
Ad
supplicationem
igitur
Procuratorum
totius
Cleri
nostri
Cant.
Prov.
de
Consensu
&
Assensu
oranium
Consratrum
&
Suffraganeorum
nostrorum
&
aliorum
Praelatorum
,
in
hâc
Cleri
Convocatione
praesentium
,
&
Procuratorum
absentium
,
&c.
Statuimus
&
Ordinamus
.
]
And
his
Comment
upon
them
runs
thus
,
Aliorum
Praelatorum
,
sc.
Abbatum
,
Decanorum
,
&
Archidiaconorum
:
Praesentium
,
non
dicit
,
Vocatorum
:
quia
ad
Provinciale
Concilium
non
sunt
Vocandi
,
ex
necessitate
,
nisi
Episcopi
.
Si
tamen
alii
veniant
,
Admittendi
sunt
:
imò
vocandi
sunt
,
quando
de
eorum
Factis
agitur
,
vel
quia
eorum
Consilium
est
necessarium
.
Now
here
one
cannot
but
observe
,
how
small
an
occasion
he
takes
for
this
strange
Doctrine
.
For
Praesentium
in
the
Text
,
belongs
as
well
to
the
Superior
as
the
Inferior
Prelates
;
and
gave
no
room
to
him
therefore
thus
to
refine
upon
it
.
And
then
,
when
he
has
delivered
it
as
his
Opinion
,
Non
alii
sunt
vocandi
,
&c.
he
is
afterwards
forc'd
to
retract
it
;
Imò
vocandi
sunt
.
This
indeed
he
would
fain
qualifie
,
with
a
quando
de
eorum
factis
agitur
;
but
is
immediately
oblig'd
to
add
,
vel
quia
eorum
Concilium
est
necessarium
.
So
that
,
at
last
,
the
Inferior
Prelates
are
allow'd
by
him
to
be
Necessary
Councellors
in
the
Assembly
;
and
to
have
not
only
Opportunity
of
Petitioning
,
but
also
Power
of
Advising
:
which
however
is
not
so
much
as
the
Text
it self
allows
them
;
expressing
the
Assent
and
Consent
of
both
sort
of
Prelates
jointly
,
without
any
manner
of
Distinction
.
And
tho'
the
Chief
Business
of
the
Proctors
of
Chapters
and
Dioceses
was
,
to
Petition
for
the
Redress
of
Grievances
;
under
which
they
chiefly
groan'd
:
yet
that
they
came
from
the
very
beginning
,
with
larger
Powers
,
appears
from
the
Constitution
of
Reading
lately
cited
[
*
](A26154-e18040-b)
*
Qui
Autoritatem
habeant
unà
Nobiscum
tractare
de
hiis
quae
Ecclesae
.
&c.
,
and
from
the
Ancient
Forms
of
the
Archbishop's
Summonitory
Letters
,
which
ran
,
ad
tractandum
unà
Nobiscum
,
exactly
as
that
Constitution
prescribes
:
An
Instance
of
which
I
have
seen
,
in
an
Old
Register
,
as
high
as
the
18
E.
1.
that
is
,
Eleven
Years
after
the
Council
of
Reading
was
held
.
Nay
,
even
at
such
times
,
when
they
had
no
distinct
Proctors
of
their
own
to
represent
them
;
but
sent
up
only
Procuratorial
Instruments
by
their
Archdeacons
(
as
the
Custom
was
in
the
preceding
Reign
)
yet
still
the
Synodical
Constitutions
ran
in
their
Name
,
and
express'd
their
Consent
and
Approbation
.
[
†
](A26154-e18110-b)
†
Thus
in
the
Council
of
Merton
42
H.
3.
the
Constitutions
there
made
are
said
to
have
pass'd
,
de
Unanimi
Assensu
&
Consilio
Praelatorum
Religiosorum
,
&
totius
Cleri
Ecclesiae
(
Additamenta
ad
M.
Par.
p.
204.
)
and
in
the
Close
of
them
yet
more
plainly
.
Archiepiscopi
&
Episcopi
de
Consensu
&
Approbatione
Inferiorum
Praelatorum
,
Capitulorum
Cathedralium
,
&
Conventualium
,
nec
non
Universitatis
totius
Cleri
Angliae
haec
praedicta
communiter
&
concorditer
providerunt
.
Ib.
p.
209.
See
also
Ann.
Burt.
p.
389.
As
also
Constit.
Provinc
.
ad
●inem
Lynwood
p.
15.
where
they
are
by
mistake
,
plac'd
at
the
Year
1261
instead
of
1258.
Lynwood
has
inserted
some
of
them
in
his
Provincial
;
and
there
in
his
Gloss
upon
the
Preface
to
them
,
tells
us
,
that
by
Inferior
Prelates
,
are
to
be
understood
Abbots
,
Priors
,
Deans
,
and
Archdeacons
:
(
p.
314.
)
and
the
Universitas
Cleri
therefore
must
signifie
the
Lower
Secular
Clergy
of
the
several
Dioceses
.
Nor
was
this
any
late
Priviledge
,
but
what
was
always
understood
to
belong
to
their
Character
,
even
in
the
Saxon
times
;
when
mere
Presbyters
,
we
find
,
subscrib'd
frequently
to
Councils
,
and
sometimes
in
great
Numbers
:
Witness
the
Synod
of
Cloveshoe
in
803
[
‖
](A26154-e18320-b)
‖
Apud
Spelm.
Conc.
Vol.
1.
p.
325.
,
the
Subscriptions
of
which
Mr.
Wharton
,
(
a
diligent
Examiner
of
these
kind
of
things
)
thought
Authentick
[
⸫
](A26154-e18340-b)
⸫
Ista
non
inanem
Veritatis
speciem
prae
se
ferunt
,
&
prae
aliis
omnibus
fidem
meruerunt
,
De
Episcopis
Londinens
.
p.
23.
beyond
Exception
:
And
there
we
find
besides
Twenty
Six
Abbots
,
near
Forty
simple
Presbyters
,
Rank'd
regularly
under
their
several
Bishops
according
to
the
Dioceses
from
whence
they
came
:
And
with
them
,
some
few
of
a
Lower
Order
;
who
were
admitted
also
,
it
seems
,
to
these
Synodical
Debates
,
according
to
the
moderate
and
gentle
Form
of
Church-Polity
which
obtain'd
in
those
Times
.
And
in
the
Preface
therefore
to
the
Canons
of
an
Elder
Synod
[
*
](A26154-e18360-b)
*
An.
747.
held
at
the
same
place
,
we
meet
with
these
remarkable
words
:
Sacri
Ordinis
Praesules
,
cum
plurimis
Sacerdotibus
Domini
,
&
minoribus
quoque
Ecclesiastici
Gradûs
Dignitatibus
,
ad
Locum
Synodalem
,
cum
venerabili
Archiepiscopo
Cudberto
convenerunt
,
&
de
Unitate
Ecclesiae
,
&
Concordiâ
Pacis
tractandâ
,
confirmandâque
pariter
Consederunt
.
[
†
](A26154-e18390-b)
†
Spelm.
Conc.
T.
1.
p.
245.
E
Codice
,
ut
inquit
,
vetustissimè
MS.
Nor
had
the
Inferior
Clergy
less
Interest
in
the
Convocations
,
even
of
Arundel's
immediate
Successor
(
and
Lynwood's
Patron
)
Archbishop
Chichley
;
who
in
his
Letters
Mandatory
to
the
Bishop
of
London
,
says
,
Regiis
&
Regni
Incolarum
hortatibus
excitati
,
Confratrumque
nostrorum
&
Cleri
Provinciae
nostrae
ducti
consiliis
,
quinimo
&
nostri
Provincialis
Concilii
Robore
ac
Decreto
suffulti
,
de
expresso
consensu
Confratrum
nostrorum
&
Cleri
antedicti
,
Volumus
,
Statuimus
,
&
[
‖
](A26154-e18470-b)
‖
P.
69.
Praecipimus
.
In
another
,
De
Fratrum
nostrorum
&
Cleri
in
eadem
Convocatione
praesentium
Voluntatibus
,
Consilio
.
&
[
⸪
](A26154-e18500-b)
⸪
P
70.
Assensu
.
In
a
Third
,
De
nostrorum
Fratrum
ac
Cleri
Provinciae
Consilio
&
Assensu
[
(*)
](A26154-e18530-b)
(*)
P.
72.
:
In
a
Fourth
,
De
Venerabilium
Confratrum
nostrorum
aliorúmque
Praelatorum
,
&
Cleri
Provinciae
Consensu
pariter
&
[
(†)
](A26154-e18550-b)
(†)
Ibid.
Assensu
.
And
lastly
,
Nuper
in
Concilio
nostro
Provinciali
celebrato
●oram
Nobis
,
Vobis
,
Caeteris
Confratibus
&
Coepiscopis
nostris
depositum
fuit
per
Clerum
nostrae
Provinciae
&
graviter
qu●relat●m
quod
,
&c.
Quare
ex
parte
Cleri
praedicti
fuimus
cum
Instantiâ
non
modicâ
requisiti
,
quatenùs
hos
Casus
&
Articulos
Authoritate
dicti
Concilii
publicè
proponi
&
exponi
debere
decernere
dignaremur
.
Nos
idcircò
ex
Assensu
vestro
&
aliorum
Confratrum
Coepiscoporum
&
Suffraganeorum
nostrorum
exponendos
fore
decrevimus
prout
etiam
decernimus
in
[
†
](A26154-e18580-b)
†
P.
73.
praesenti
.
This
last
Form
agreeing
exactly
with
those
of
the
Acts
of
Parliament
of
the
same
date
;
where
,
Our
Lord
the
King
,
by
the
Advice
and
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
at
the
special
Instance
and
Request
of
the
Commons
,
Ordains
and
Establishes
.
Thus
did
the
practice
of
Lynwood's
own
time
,
and
the
Style
of
those
Constitutions
,
some
of
which
probably
he
himself
Penn'd
,
over-rule
the
Assertion
of
his
Gloss.
But
he
seems
to
have
been
led
into
it
,
as
other
Canonists
might
be
,
by
his
knowing
no
more
of
Provincial
Councils
,
than
what
was
to
be
found
in
his
Gratian
(
whom
he
there
Cites
in
Dist.
18.
)
where
Bishops
only
are
mentioned
.
And
from
thence
he
might
be
induced
to
think
,
that
the
latter
practice
was
from
Condescentiion
,
and
that
even
Pope
Innocent's
Decree
was
an
Abridgment
of
the
Episcopal
Right
,
and
to
be
Interpreted
as
strictly
as
possible
.
Whereas
the
Writings
and
Usage
of
the
Primitive
Church
,
and
even
the
Elder
Records
of
our
Own
,
would
have
informed
him
,
That
this
was
no
new
Concession
to
the
Presbyters
,
but
an
Affirmance
only
of
their
Original
Right
;
as
Gerson
,
and
others
of
that
Age
knew
very
well
,
who
therefore
stile
them
Hierarchae
Minores
;
and
as
Lynwood
himself
might
have
reflected
,
where
he
observes
,
That
in
our
Church-Constitutions
the
Word
Praelati
was
applied
often
to
some
of
the
lowest
,
even
of
the
Lower
Clergy
,
the
Presbyteri
Plebani
,
or
Rectors
of
Rural
Parishes
[
*
](A26154-e18710-b)
*
De
Sacr.
iter
.
vel
non
.
c.
Ignorantia
.
v.
Praelati
De
Foro
Competenti
c.
Circumspecte
.
v.
Item
si
Praelatus
.
.
I
have
made
the
best
Excuse
that
I
can
for
him
;
for
I
am
not
willing
to
believe
,
that
the
Dedication
of
his
Book
had
any
Influence
upon
the
Doctrine
of
it
;
or
that
he
studiously
fell
into
such
Opinions
,
as
he
knew
would
be
grateful
Above
;
though
I
must
needs
say
,
That
he
has
decided
in
this
Case
more
like
a
Dean
of
the
Arches
,
than
a
Prolocutor
of
the
Lower
House
of
Convocation
,
which
he
sometimes
was
[
†
](A26154-e18720-b)
†
Tit.
de
Decimis
.
c.
quoniam
.
v.
Provinciam
.
speaking
of
something
done
in
a
Convocation
held
under
Chichley
,
he
adds
—
Me
tunc
existen●e
Prolocutore
ipsius
Cleri
.
:
And
perhaps
One
,
that
had
less
regard
for
his
Character
than
I
have
,
would
be
ready
to
suspect
,
that
he
might
by
this
time
have
his
Eye
upon
the
Bishoprick
of
St.
David's
.
But
our
Bishops
themselves
have
been
more
just
to
the
Rights
and
Interests
of
the
Inferior
Clergy
,
allowing
them
not
only
a
Consultive
,
but
a
Decisive
Vote
also
in
Synods
,
and
that
deriv'd
from
Primitive
Practice
;
for
thus
I
find
it
laid
down
in
a
Paper
Sign'd
by
Four
of
them
,
under
Henry
the
Eighth's
Reign
;
In
all
the
Ancient
Councils
of
the
Church
in
Matters
of
Faith
,
and
Interpretation
of
Scripture
,
no
Man
made
Definitive
Subscription
,
but
Bishops
and
Priests
;
forasmuch
as
the
Declaration
of
the
Word
of
God
pertaineth
unto
[
†
](A26154-e18840-b)
†
Hist
of
the
Ref.
Vol.
I.
p.
174.
them
.
A
Testimony
,
that
,
being
given
by
those
of
the
Higher
Order
in
the
Church
in
behalf
of
the
Powers
and
Priviledges
of
the
Lower
,
must
be
allowed
Considerable
.
In
the
course
therefore
of
our
Provincial
Synods
,
the
Inferior
Clergy's
Consent
was
expected
,
and
not
that
of
the
Suffragans
only
.
But
still
,
as
we
may
observe
,
the
Archbishop
alone
is
said
to
Decree
and
Ordain
;
which
is
a
stile
of
Authority
peculiar
to
him
Here
,
and
beyond
what
belonged
Originally
to
his
Character
.
Indeed
by
the
ancient
Rules
of
the
Church
,
the
Metropolitan's
Consent
was
nenessary
to
make
the
Ordinance
,
and
He
had
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
But
the
Stile
and
Power
of
the
Archbishop
of
this
Province
might
in
this
respect
run
higher
,
because
he
challenged
to
be
looked
upon
as
something
more
than
a
simple
[
‖
](A26154-e18890-b)
‖
Quasi
velitis
(
says
Peckam
in
a
Letter
to
the
Bishop
of
London
)
Jura
Cantuariensis
Ecclesiae
—
ad
Simplices
Metropolitani
Limites
Coarctare
.
Whart
.
App.
ad
Hist.
de
Ep.
Lond.
p.
270.
Metropolitan
,
and
had
the
Title
of
a
Legat
Born
;
and
in
virtue
of
that
Character
he
might
take
upon
him
to
Decree
and
Ordain
,
as
the
Pope
did
in
Foreign
Councils
,
and
as
the
King
here
at
home
used
to
do
i●
our
elder
Statutes
.
And
as
these
,
at
the
end
of
every
Session
of
Parliament
,
were
used
to
be
Enacted
by
the
King
;
so
the
Provincial
Constitutions
were
published
on
the
last
Day
of
the
Synod
,
by
the
Archbishop
.
He
also
,
some
time
afterwards
,
enjoyning
the
Bishop
of
London
,
and
by
him
,
as
Dean
of
the
Episcopal
College
,
the
other
Bishops
,
to
see
them
Promulged
and
Executed
;
as
Acts
of
Parliament
were
ordered
to
be
Proclaimed
,
by
the
Comes
at
first
,
and
since
by
his
Vicar-General
the
Sheriff
.
This
was
the
manner
of
holding
Councils
,
and
making
Canons
;
neither
was
it
necessary
to
have
the
King
's
,
or
Pope's
leave
,
to
hold
the
one
;
nor
was
their
Authority
requisite
for
Decreeing
the
other
.
The
Clergy
were
only
to
take
care
that
they
did
not
exceed
their
Limits
,
either
in
the
Matter
or
Manner
of
their
Decrees
,
and
that
their
Constitutions
were
such
,
as
would
not
be
Revoked
and
Annulled
by
either
of
those
Supreme
Powers
.
The
Metropolitans
were
by
the
Canons
(
and
by
the
Roman
Law
[
*
](A26154-e19000-b)
*
Nov.
123.
c.
10.
where
it
had
force
)
Oblig'd
to
call
those
Synods
Yearly
.
Neither
was
Leave
to
be
ask'd
for
their
Summoning
such
Assembl●es
then
,
any
more
than
there
is
now
for
a
Bishop's
Convening
his
Clergy
and
Church-Officers
to
a
Visitation
:
Not
because
those
Canons
were
above
the
Law
of
our
Country
;
but
because
they
were
received
into
it
,
and
made
a
part
of
the
Constitutions
and
Usages
of
the
Kingdom
.
'T
is
true
the
Archbishop
called
them
sometimes
at
the
King's
Instance
,
signified
to
him
by
a
Royal
Writ
:
Yet
even
then
,
not
in
Virtue
of
〈◊〉
Writ
,
but
by
his
Own
Authority
;
By
which
also
(
whether
called
at
the
King's
Instance
,
or
not
)
he
always
Dissolved
them
;
And
of
this
we
have
a
very
remarkable
proof
in
the
last
Convocation
under
Henry
the
IVth
[
‖
](A26154-e19050-b)
‖
Hen.
IV.
Writ
for
the
Calling
it
,
bears
date
,
Jan.
19.
1412.
It
met
●n
the
6
th
of
March
.
He
Died
on
the
20
th
,
but
the
Convocation
sat
on
to
the
10
th
of
May
;
when
it
was
Dissolved
.
;
which
,
though
Meeting
at
his
Writ
,
was
yet
so
little
thought
to
be
held
in
Virtue
of
it
,
that
it
Sat
for
near
Two
Months
under
his
Successor
,
Henry
the
Vth
,
without
a
Dissolution
.
Till
Archbishop
Chichley's
time
,
Convocations
were
frequently
held
,
even
while
Parliaments
were
sitting
,
without
any
other
Writ
from
the
King
but
what
was
contained
in
the
Bishops
Summons
,
with
the
Clause
Praemunientes
.
After
the
8.
of
H.
VI.
the
Clergy
,
if
they
met
by
the
King's
Letter
,
had
the
benefit
of
the
Act
of
Parliament
of
that
Year
;
and
therefore
,
I
suppose
,
usually
de●ired
it
to
gain
the
Parliamentary
Protection
;
not
,
as
Fuller
idly
Conjectures
[
*
](A26154-e19200-b)
*
Ch
Hist.
Book
5.
p.
290.
and
Dr.
Wake
from
him
p.
230.
,
to
avoid
a
Praemunire
.
When
they
met
,
[
†
](A26154-e19260-b)
†
Mr.
Nicolson
(
Eng.
Hist.
Lib.
part
3.
p.
196.
)
says
,
They
were
Inhibited
in
their
very
Writs
of
Summons
from
Decreeing
any
thing
to
the
Prejudice
of
the
King
or
his
Realms
:
And
for
this
,
he
refers
us
to
Dugdale
's
Summons
in
the
Reigns
of
E.
1.
and
E.
2.
where
there
is
not
a
word
to
this
purpose
;
nor
can
there
be
;
for
Dugdale
has
no
Writs
for
Convocations
,
but
only
for
the
Parliament
.
When
the
next
Edition
of
his
Work
comes
out
,
he
will
be
pleased
to
tell
us
,
from
whence
he
drew
this
curious
Remark
.
I
have
seen
many
Convocation
Writs
,
but
never
,
that
I
remember
,
one
with
a
Prohibition
in
the
Belly
of
it
.
Writs
were
often
sent
to
them
by
the
King
,
Forbidding
them
to
attempt
any
thing
against
his
Crown
and
Dignity
;
and
these
Prohibitions
are
allowed
to
have
been
Tacit
Permissions
of
such
Assemblies
,
provided
they
kept
within
their
Bounds
[
‖
](A26154-e19370-b)
‖
Bishop
Stillingfleet
's
,
Duties
and
Rights
of
the
Parochial
Clergy
,
p.
371.
.
And
so
indeed
they
certainly
were
,
for
otherwise
it
had
been
as
easy
for
the
King
to
forbid
their
Meeting
and
Sitting
,
as
their
Acting
in
such
and
such
Instances
;
which
yet
he
appears
very
rarely
to
have
done
;
and
to
have
been
yet
more
rarely
Obeyed
when
he
attempted
it
[
*
](A26154-e19410-b)
*
The
Oldest
Instance
insisted
on
,
is
a
Prohibition
of
Geofry
Fitz-Peter
,
Lord
Iustitiary
to
Hubert
Archbishop
of
Canterbury
:
But
how
it
was
obeyed
,
the
Annals
of
Lanercost
[
in
Bib.
Cott.
Claud.
D.
7.
]
declare
,
Hub.
Arch.
Cant.
celebravit
Concil.
contra
Prohibitionem
Gaufridi
,
&c.
in
quo
Concilio
Archiepiscopus
Subscripta
promulgavit
Decreta
,
(
Ann.
1200.
)
The
Oldest
Writ
produced
is
,
9
Joh.
Ann.
1208.
See
it
in
Pryn.
3.
Tom.
Eccl.
Jurisd.
p.
10.
Whether
comply'd
with
,
or
not
;
I
do
not
find
:
But
suppose
it
was
,
for
it
Issued
out
upon
a
Complaint
of
the
whole
Parliament
.
A
Third
Instance
I
find
in
the
41
H.
3.
Rot.
Cl.
M.
6.
dors.
when
the
Convocation
was
forbid
▪
meeting
at
London
,
because
the
King
had
at
that
very
time
Summoned
all
the
Members
of
it
,
that
owed
him
Service
,
to
Attend
his
Army
in
Wales
.
[
See
the
Writ
,
Pryn.
Ibid.
Vol.
II.
p.
890.
]
But
though
this
Prohibition
was
so
reasonable
,
yet
it
was
not
Obeyed
.
On
the
contrary
,
when
Archbishop
Boniface
,
at
the
Opening
it
,
proposed
this
Question
to
them
,
among
others
;
Item
,
Cùm
Dominus
Rex
Prohibuerit
Praelatis
Ecclesiae
sub
forisfacturâ
omnium
terrarum
suarum
quas
de
eo
tenent
,
ne
venirent
ad
hujusmodi
Convocationem
Auctoritate
Domini
Archiepiscopi
factam
;
an
liceat
,
&
deceat
,
&
expediat
tractare
in
hujusmodi
Convocatione
de
Negotiis
Ecclesiae
,
vel
potiùs
(
quod
absit
)
Prohibitioni
Regiae
parere
,
&c.
[
Ann.
Burt.
p.
383.
]
it
was
carried
,
that
they
should
proceed
notwithstanding
:
and
so
they
did
,
as
appears
by
the
Roll
of
Grievances
then
drawn
up
,
and
presented
(
M.
Par.
Addit
.
p.
199.
)
But
afterwards
in
the
20
E.
2.
the
Archbishop
having
called
a
Convocation
to
meet
at
London
in
Quind
.
Mich.
and
the
King
a
Great
Council
,
at
the
same
time
,
at
Sarum
;
a
Writ
went
out
to
the
Archbishop
in
this
Form
,
Vos
rogamus
ex
affectu
,
Vobis
nihilominùs
in
fide
&
dilectione
quibus
nobis
te●emini
firmiter
injungentes
;
and
upon
this
he
Prorogued
the
Convocation
for
a
Fortnight
.
.
When
therefore
Archbishop
Stratford
[
†
](A26154-e19680-b)
†
An.
1341.
held
a
Provincial
Council
on
purpose
to
oppose
some
Arbitrary
Proceedings
of
Edward
the
IIId
.
(
who
pretended
,
by
the
Advice
of
his
Great
Council
only
,
to
Revoke
what
had
been
Enacted
in
Parliament
)
we
find
not
that
the
King
forbad
the
Assembly
,
but
only
their
Treating
and
Agreeing
of
such
things
as
were
to
the
hurt
of
his
Prerogative
Royal
;
Prohibitions
of
this
kind
were
sent
to
every
Bishop
of
the
Province
,
(
Tested
on
the
same
day
with
the
Writ
of
Revocation
to
the
Sheriff
,
which
is
Printed
very
unbecomingly
,
I
think
,
with
our
Statutes
)
and
one
of
these
Forms
,
for
the
Honour
of
that
Archbishop
,
and
the
relation
it
has
to
the
Point
we
are
upon
,
I
shall
present
the
Reader
with
in
the
Appendix
[
*
](A26154-e19730-b)
*
See
Numb
.
I.
.
The
King
had
also
his
Proctors
[
†
](A26154-e19760-b)
†
Pat.
37.
H.
3.
m.
19.
apud
Pryn.
Eccl.
Jurisd.
T.
2.
p.
807.
,
or
Commissioners
,
sometimes
in
these
Meetings
,
who
Proposed
,
Protested
,
and
Appealed
on
his
behalf
;
but
they
were
ever
Men
in
Holy
Orders
.
His
great
Lay
Lords
,
and
Ministers
indeed
,
carried
frequently
his
Commands
thither
,
but
none
staid
there
[
‖
](A26154-e19790-b)
‖
21.
H.
3.
Concilio
jam
incaepto
,
missi
sunt
ex
parte
Domini
Regis
,
Comes
Lincoln
.
Johannes
,
&
Johannes
Filius
Galfridi
,
&
Will
.
de
Rale
Canonicus
S.
Pauli
,
ut
dicto
Legato
ex
part●
Regis
&
Regni
inhiberent
,
ne
ibi
contra
Regīam
Coronam
&
Dignitatem
aliquid
Statuere
attentaret
.
Et
remansit
ibi
,
ut
hoc
observaretur
,
Will
.
de
Rale
,
indutus
Cappâ
Canonicali
,
&
Supellicio
,
aliis
recedentibus
.
M.
Par.
p.
378
,
to
Act
for
him
,
but
Clergy-men
only
:
Though
sometimes
the
King
himself
has
vouchsafed
to
Appear
and
Sit
in
Convocation
;
as
in
Arundel's
[
⸪
](A26154-e19820-b)
⸪
In
Conv.
habitâ
23
Jul.
1408.
in
Causâ
Unionis
.
Register
,
Henry
the
IVth
is
once
remembred
to
have
done
.
In
these
Assemblies
,
the
Gravamina
Cleri
,
or
Articuli
Reformationis
were
constantly
expected
from
the
Lower
House
;
and
ran
so
high
sometimes
as
to
propose
Reformanda
per
Dominum
Papam
,
per
Archiepiscopum
&
Suffraganeos
,
per
Convocationem
,
per
Parliamentum
:
And
Solicitors
were
Appointed
to
prosecute
such
Reformations
in
Parliament
.
These
the
Organum
Vocis
suae
,
their
Prolocutor
,
or
Referendarius
exhibited
in
a
Schedule
:
and
their
Petitions
had
answers
as
those
of
the
Commons
were
used
to
have
from
the
King
anciently
.
Harpsfield
,
and
Antiquitates
Britannicae
,
afford
us
many
Instances
of
this
Kind
;
but
the
Manuscript
Acts
of
those
Synods
more
;
and
this
is
one
of
them
,
Inter
alia
propositum
fuit
à
Clero
,
ut
Episcopi
dignentur
Canones
executioni
mandare
.
Imprimis
,
de
Professionibus
vestris
,
quòd
legantur
coram
vobis
ad
minùs
bis
in
Anno.
2.
De
Visitationibus
.
3.
De
Residentiâ
&
Regimine
Episcoporum
.
4.
De
Regimine
,
Gestu
,
&
Vestitu
Familiarium
vostrorum
:
Which
Instance
is
not
given
so
much
for
the
Articles
,
as
for
the
Answer
to
them
;
Omnia
ista
sunt
●romissa
,
statuta
,
ac
concessa
:
&
fiet
Executio
●er
quemlibet
,
ad
quem
pertinet
,
prout
respondebit
●oram
Deo
,
&
proximo
Concilio
Provinciali
[
*
](A26154-e19980-b)
*
Regist.
Arundel
.
.
And
●n
that
very
Convocation
which
submitted
to
H.
the
VIII
.
the
Lower
House
,
as
dispirited
as
they
were
,
took
heart
to
complain
to
the
Upper
of
the
Practice
of
some
Bishops
,
in
those
●ays
,
who
took
Bonds
of
Resignation
of
all
the
Clerks
they
preferred
in
their
Dioceses
,
in
●rder
,
as
they
said
,
to
oblige
them
to
Resi●ence
[
†
](A26154-e20030-b)
†
Item
petunt
,
quod
Praesentati
ad
Ecclesiasticum
Beneficium
non
ar●entur
per
Dioecesanos
Scripto
aliquo
Obligatorio
aut
Poenâ
Tempo●li
ad
Residentiam
—
Acta
Conv.
incaeptae
Nov.
5.
1529.
in
●ess
.
91.
.
The
End
was
very
good
,
but
the
Means
was
thought
unjustifiable
;
and
the
Cler●y
in
Convocation
therefore
thought
it
worth
●●eir
while
to
endeavour
a
Redress
;
though
I
●nd
not
whether
they
effected
it
,
or
what
Answer
was
return'd
.
But
among
all
their
Grievances
I
have
never
●bserv●d
the
want
of
Convocations
mention'd
〈◊〉
one
of
them
.
The
Clergy
indeed
complain
some
times
of
their
being
called
together
too
often
,
and
kept
sitting
too
long
,
and
beg
a
Dismission
;
and
the
Archbishop
excuses
himself
frequently
on
that
Head
in
his
very
Letter
of
Summons
.
But
I
have
seen
no
Intimation
any where
that
they
wanted
an
opportunity
of
Meeting
;
which
is
a
certain
sign
that
they
never
wanted
one
:
never
I
believe
from
Anselm's
days
(
who
by
the
favour
of
H.
the
Ist.
reviv'd
those
Meetings
,
that
had
been
suppressed
by
W.
the
IId
.
[
*
](A26154-e20100-b)
*
Concilium
non
permisit
[
Rufus
]
celebrari
in
Regno
suo
ex
quo
Rex
factus
est
jam
per
13
Annos
,
says
Anselm
to
Pope
Paschal
,
L.
3.
Ep.
46.
And
what
the
Consequence
of
this
Intermission
was
,
the
Synod
which
met
at
the
beginning
of
H.
I.
declares
,
—
Multis
verò
annis
Synodali
Culturâ
cessante
,
viciorum
vepribus
succrescentibus
,
Christianae
Religionis
Fervor
in
Anglia
nimis
refrixerat
.
Eadmer
.
p.
67.
)
down
to
the
very
times
that
we
live
in
.
No
more
than
this
needs
be
said
to
furnish
the
Reader
with
an
Account
of
Provincial
Synods
,
and
their
Rights
,
as
allowed
and
practised
in
this
Realm
:
Such
an
Account
,
I
mean
,
as
is
necessary
to
set
the
General
part
of
this
Dispute
in
a
true
Light
,
and
to
lead
the
way
to
matter
which
is
more
Pertinent
and
Particular
;
and
which
I
shall
go
on
to
suggest
,
after
I
have
added
a
Reflection
or
two
that
arise
from
what
has
been
already
delivered
.
It
is
plain
that
the
Power
lodged
in
the
Metropolitan
of
calling
together
such
Members
of
his
Province
,
is
likewise
accompanied
with
a
Right
in
those
of
his
Province
to
be
so
called
;
and
that
the
Vis
Praecepti
,
of
which
Atho
speaks
[
†
](A26154-e20230-b)
†
In
Proaem
.
Othob
.
,
lies
as
well
upon
the
Superior
,
as
on
his
Inferiors
:
The
Bishops
,
for
Instance
,
having
as
much
Right
by
the
Canon
Law
to
demand
such
a
Meeting
for
the
Good
of
the
Church
,
as
the
Metropolitan
has
Authority
to
Assemble
it
;
and
the
Obligation
running
reciprocally
,
though
the
Power
does
not
.
It
is
indeed
not
so
much
a
Power
,
as
a
Trust
that
is
lodged
in
him
;
and
for
which
therefore
by
the
Ancient
Canons
of
the
Church
[
*
](A26154-e20270-b)
*
7.
Gen.
Conc.
Can.
6.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Canonicis
poenis
Subjiciatur
.
and
by
the
Imperial
Law
[
†
](A26154-e20290-b)
†
Nov.
123.
c.
10
▪
he
was
made
accountable
.
'T
is
in
this
case
,
as
in
that
of
our
great
Lay
Conventions
,
the
Assembling
of
which
is
not
only
part
of
the
Prince's
Prerogative
,
but
of
the
Subjects
Right
;
and
matter
of
Duty
as
well
to
those
who
Call
,
as
those
who
are
Called
to
them
;
and
would
oblige
therefore
,
though
there
were
no
positive
Law
that
fixed
the
times
of
such
Meetings
.
Indeed
Either
of
these
Assemblies
,
in
State
,
or
Church
,
may
sometimes
have
been
intermitted
for
emergent
Reasons
,
and
such
as
the
Members
themselves
that
compos'd
'em
might
be
presumed
willing
to
allow
;
yet
those
Intermissions
must
not
be
supposed
to
take
away
the
Right
of
meeting
,
except
they
are
withal
suppos'd
to
take
away
the
Right
of
Convening
.
So
that
the
Provincial
Inferiors
may
well
demand
to
be
Assembled
,
as
soon
as
those
Reasons
Impedient
shall
cease
;
and
much
more
,
when
stronger
Reasons
shall
arise
on
the
other
side
,
such
as
would
justify
the
Clergy's
desire
of
an
extraordinary
Convention
,
if
they
had
not
an
ordinary
one
to
claim
.
And
among
many
other
Reasons
which
may
occasionally
move
Inferiors
to
claim
the
Recontinuance
of
these
Meetings
,
this
may
be
one
,
That
their
Right
begins
to
be
questioned
by
the
Discontinuance
;
especially
if
the
Superior
shall
take
care
to
assert
his
Own
,
at
the
same
time
that
he
sets
aside
Theirs
;
and
Commanding
them
to
Come
,
shall
yet
not
suffer
them
to
Assemble
in
Form
;
nor
let
them
,
instead
of
being
a
Convocation
Legally
to
confer
together
,
and
to
frame
their
Requests
to
their
Lordships
,
the
King
,
or
Parliament
,
be
so
much
as
a
Congregation
,
once
to
say
their
Prayers
together
,
and
hear
a
Sermon
.
Now
as
it
is
manifest
that
this
Right
of
Assembling
is
Attested
by
the
usage
of
our
Church
,
and
founded
upon
the
Canon
Law
;
so
may
it
be
remembred
,
that
it
is
no
Papal
Grant
,
but
derived
from
very
ancient
Christian
Practice
,
established
by
the
great
Council
of
Nice
,
and
other
succeeding
General
Councils
,
and
adopted
particularly
into
the
Body
of
the
Canons
of
Most
(
I
might
say
,
All
)
Christian
Nations
.
The
Disuse
,
indeed
,
and
Suppression
of
Synods
,
has
been
frequently
charged
upon
the
Arbitrary
Proceedings
of
the
Papacy
;
but
no
Primate
need
fear
lest
he
should
be
thought
to
take
too
much
of
the
Legatus
Natus
upon
him
,
if
he
pleases
to
convene
them
.
For
so
far
are
the
Clergy
of
England
from
being
Unreasonable
or
Singular
in
their
Desire
of
such
Meetings
,
that
there
is
no
part
of
the
Reformed
Church
beside
,
that
does
not
duly
hold
them
.
They
are
constantly
kept
up
in
the
United
Provinces
;
and
even
in
France
they
were
never
denied
the
Protestants
by
this
King
,
as
long
as
the
use
of
their
Religion
was
allowed
them
:
These
Assemblies
having
been
always
esteemed
by
all
Christians
as
the
best
and
most
proper
means
for
the
Preservation
of
Unity
,
and
suppression
of
Errors
and
Disorders
in
the
Church
of
God
.
To
draw
nearer
home
;
what
we
plead
for
has
been
allow'd
the
present
Scotch
Kirk
;
nay
,
and
something
more
than
we
plead
for
.
I
hope
it
will
not
be
thought
foreign
to
my
Subject
,
if
I
stop
to
give
some
short
account
of
it
.
Their
Assembly
has
sat
often
since
the
Revolution
,
and
done
business
,
with
a
witness
:
if
a
thorough
purging
of
Churches
,
and
Universities
;
if
exercising
their
Ecclesiastical
Jurisdiction
over
the
whole
Kingdom
(
as
well
over
those
who
renounc'd
their
Government
,
as
those
who
own'd
it
)
be
,
doing
Business
.
If
to
Excommunicate
,
Suspend
,
and
Deprive
at
Pleasure
;
if
to
be
Patrons
General
of
all
the
Livings
of
the
Kingdom
,
and
to
Induct
,
as
well
as
to
Eject
what
Persons
they
thought
fit
;
if
by
an
Act
of
theirs
(
for
so
the
Style
runs
)
to
appoint
National
Fasts
,
and
to
settle
General
Rules
for
Church-Discipline
and
Government
,
without
so
much
as
asking
leave
of
the
Civil
Power
,
be
doing
Business
,
then
,
I
say
,
the
Scotch
Assembly
have
within
these
ten
years
last
past
effectually
done
it
.
They
have
acted
up
to
the
utmost
Extent
of
their
pretended
Divine
Charter
of
Priviledges
,
and
have
scarce
been
withstood
in
any
one
Branch
of
it
:
for
tho'
the
King's
Commissioner
has
sat
with
them
,
yet
has
he
not
been
allow'd
either
to
interpose
in
their
Debates
,
or
to
have
a
Negative
upon
their
Resolutions
;
no
nor
so
much
as
to
confirm
them
.
And
when
he
pretended
to
adjourn
or
dissolve
the
Synod
,
they
protested
against
it
;
and
appointed
a
New
Meeting
by
their
own
,
without
any
regard
to
His
Authority
:
and
in
the
Intervals
of
their
Sessions
they
have
had
a
standing
Committee
of
their
Members
,
who
have
been
,
as
it
were
,
a
Perpetual
Assembly
.
These
are
the
High
Favours
and
Indulgences
,
that
have
with
a
Liberal
Hand
been
bestow'd
on
our
Neighbours
in
Scotland
;
to
the
utter
Abolishment
almost
of
the
Civil
Magistrates
Supremacy
in
Church-Affairs
.
Shall
they
who
deny
the
Prince
his
Due
,
have
more
than
their
Due
allow'd
them
?
and
shall
not
those
have
so
much
as
their
Due
,
who
allow
him
every
thing
that
either
the
Law
of
God
,
or
the
Law
of
the
Land
allows
him
?
Shall
not
the
modest
Claim
of
an
Episcopal
Church
,
which
professes
all
due
Subjection
to
the
State
,
put
in
for
as
fair
an
Hearing
,
as
the
Unreasonable
Pretensions
of
an
Holy
Kirk
,
that
acknowledges
no
Superior
but
Christ
Iesus
?
Nor
have
those
of
the
Presbyterial
and
Congregational
way
been
less
indulg'd
here
at
home
:
for
that
They
too
have
their
Convocation
in
as
Regular
and
Full
,
tho'
not
in
so
open
a
manner
as
the
Members
of
the
Church
of
England
desire
to
have
,
appears
from
that
Circular
Summons
,
which
about
Eighteen
Months
ago
was
issu'd
out
,
and
casually
came
into
an
Hand
that
it
did
not
belong
to
.
The
World
has
already
had
a
sight
of
it
:
however
it
may
not
be
amiss
once
more
to
Print
it
in
these
Papers
[
*
](A26154-e20580-b)
*
See
the
Append.
N.
II.
.
Nay
the
Priviledge
we
claim
is
not
deny'd
to
any
the
most
Wild
and
Extravagant
Sect
among
us
:
even
Quakers
themselves
have
their
Annual
Meetings
for
Ecclesiastical
Affairs
;
and
are
known
to
have
,
and
allow'd
to
hold
them
.
Shall
Schism
and
Enthusiasm
(
to
say
no
worse
)
have
the
free
Liberty
of
these
Consults
,
for
the
Propagation
of
their
Interests
?
and
shall
an
Apostolick
and
Establish'd
Church
want
it
?
God
forbid
!
In
Popish
Countries
indeed
these
Synods
are
discountenanc'd
,
and
out
of
use
;
notwithstanding
the
late
Decree
of
the
Council
of
Trent
,
which
orders
that
they
shall
be
Celebrated
once
at
least
in
three
years
.
But
this
Decree
stands
in
the
Acts
of
that
Council
to
no
other
purpose
,
than
as
it
is
a
Testimony
of
the
sense
that
even
that
Corrupt
Body
of
Men
had
of
the
necessity
of
these
Assemblies
;
for
the
force
of
it
vanished
almost
as
soon
as
it
was
made
:
The
Undersharers
in
Spiritual
Dominion
secretly
agreeing
to
lay
it
asleep
;
and
his
Holiness
(
who
alone
can
awaken
it
)
conniving
at
their
Neglect
;
because
the
less
such
Meetings
as
these
obtain
in
the
Church
,
the
greater
recourse
will
there
be
to
his
Chair
,
and
his
Empire
will
be
the
more
Absolute
.
In
France
,
particularly
,
though
this
Decree
has
been
Authorized
by
the
Edict
of
Blois
,
and
by
several
others
,
yet
have
there
not
been
any
Provincial
Synods
held
in
virtue
of
it
for
above
these
Threescore
and
Ten
Years
last
past
;
that
is
,
ever
since
the
Council
of
[
*
](A26154-e20680-b)
*
An.
1624.
Bourdeaux
;
unless
we
should
call
that
Meeting
of
a
few
Prelates
the
other
Day
,
to
Condemn
the
Archbishop
of
Cambray's
Book
,
a
Provincial
Council
:
And
,
if
I
mistake
not
,
they
called
themselves
so
;
by
the
same
Figure
,
as
my
Lords
the
Bishops
,
who
are
of
the
Commission
for
Ecclesiastical
Preferment
,
may
be
stiled
a
Convocation
.
But
true
Protestants
,
and
true
Englishmen
will
like
this
Fashion
the
worse
for
being
of
Popish
and
French
Extraction
;
and
for
coming
from
a
Country
,
where
both
Civil
and
Ecclesiastical
Liberty
have
expir'd
long
ago
:
As
they
are
not
any
where
observ'd
to
live
long
after
one
another
.
CHAP.
II.
THus
does
our
Right
to
these
Assemblies
stand
by
the
Law
Ecclesiastical
:
Which
Law
has
been
consider'd
by
it self
,
for
the
clearer
Evidence
of
the
Argument
,
and
not
in
any
opposition
to
the
Temporal
Government
:
It
not
following
from
hence
that
such
Assemblies
should
be
held
,
contrary
to
the
Will
of
the
Sovereign
Power
;
but
that
the
Sovereign
Christian
Power
should
be
desired
to
permit
,
or
rather
to
encourage
them
:
If
in
this
Request
we
were
not
already
prevented
by
the
Law
of
the
Land
,
which
not
only
allows
,
but
commands
them
;
as
will
appear
,
if
,
as
hitherto
I
have
enquir'd
only
into
the
Rights
of
a
Synod
of
the
Province
of
Canterbury
at
large
,
so
I
go
on
now
to
consider
it
as
Attendant
upon
a
Parliament
of
England
.
For
so
the
matter
at
present
stands
,
and
has
stood
for
400
Years
and
upwards
;
to
speak
at
the
lowest
:
Tho'
in
the
Elder
Ages
it
plainly
enough
appears
,
that
the
Clergy
came
at
once
from
both
Provinces
,
and
joined
Nationally
with
the
Lay
Assembly
.
That
this
was
the
usage
of
the
Saxon
Reigns
is
acknowledg'd
from
the
remaining
Monuments
of
those
Times
:
But
what
the
Order
of
these
National
Assemblies
was
,
is
not
,
as
I
see
,
yet
clearly
discover'd
.
As
therefore
the
most
knowing
and
exact
of
our
Antiquaries
have
thought
it
proper
,
for
the
better
understanding
of
our
Saxon
Government
,
to
go
over
into
Germany
,
and
consult
the
Laws
and
Manners
of
those
Places
from
whence
we
came
;
so
possibly
we
might
not
be
much
out
of
our
way
in
this
Argument
,
if
we
looked
into
France
,
and
enquir'd
how
the
Franks
there
govern'd
themselves
;
those
Fellow-Germans
,
and
near
Neighbours
of
our
Ancestors
;
and
who
had
much
about
the
same
time
possessed
themselves
of
Gaul
,
as
these
had
of
this
part
of
Britain
;
especially
if
we
consider
the
times
of
Charles
the
Great
,
that
Renown'd
and
Mighty
Monarch
;
whose
Example
,
had
it
vary'd
from
the
Common
Original
Practice
,
would
yet
probably
have
been
imitated
by
our
Lesser
Kings
.
And
here
we
may
content
our selves
with
what
the
judicious
De
Marca
reports
to
us
of
this
matter
in
his
Excellent
Work
De
Concordiâ
Sacerdotii
&
Imperii
[
*
](A26154-e20990-b)
*
L.VI.
c.
24
,
25.
:
That
in
King
Pepin's
time
,
when
the
Kingdom
began
to
recover
it self
from
the
Disorders
it
suffer'd
before
,
it
was
resolv'd
that
two
National
Ecclesiastical
Synods
should
be
held
every
Year
;
the
One
in
March
in
the
King's
presence
,
and
where-ever
he
should
appoint
;
the
other
in
October
,
at
the
Place
where
the
Bishops
,
in
their
former
Meeting
should
agree
upon
.
That
whereas
this
last
was
a
pure
Ecclesiastical
Council
,
the
other
was
a
Royal
One
,
to
which
the
Great
Men
of
the
Kingdom
resorted
from
all
Parts
of
it
,
to
take
their
Resolutions
for
the
succeeding
Year
:
As
there
was
also
towards
the
Winter
,
another
Royal
,
but
Privy
Council
,
consisting
only
of
the
Great
Ministers
,
and
such
others
as
the
King
thought
fit
to
call
;
in
which
Matters
,
were
prepared
,
and
digested
into
Heads
,
to
be
proposed
to
the
Greater
Assembly
in
the
Spring
.
This
General
Convocation
of
the
Spiritualty
and
Laity
,
which
was
after
by
Pepin's
Son
,
Charles
the
Great
,
appointed
to
meet
on
the
first
of
May
,
was
call'd
indifferently
Conventus
,
Flacitum
,
Concilium
,
Synodus
,
or
Colloquium
;
and
in
Latter
Times
,
Parliamentum
,
which
word
also
is
still
retained
.
In
it
the
Clergy
and
Laity
deliberated
sometimes
together
,
and
sometimes
apart
,
according
as
the
nature
of
the
Business
to
be
treated
of
was
;
whether
purely
Secular
,
Ecclesiastical
,
or
mixt
.
When
they
were
apart
,
as
well
as
when
together
,
the
Great
Persons
;
Earls
,
&c.
were
distinguish'd
from
those
of
a
lower
Degree
;
sitting
by
themselves
,
and
on
Honourable
Seats
.
These
too
manag'd
the
Debates
,
and
formed
the
Conclusions
:
the
Commoners
assenting
,
and
sometimes
speaking
;
but
so
,
as
rather
to
signifie
their
Opinion
,
than
give
a
Vote
.
This
we
may
suppose
to
have
been
the
Method
also
on
the
Spiritual
side
:
And
so
Hincmar
(
out
of
Adalbardas
Cousin
and
Councellor
to
this
Charles
)
expresses
it
.
[
*
](A26154-e21140-b)
*
Ad
Proceres
pro
Institutione
Ca●olom
Regis
.
c.
29.
Generalias
(
says
he
)
Universorum
tam
Clericorum
quam
Laicorum
conveniebat
:
Seniores
[
that
is
,
the
Magnates
,
whether
Counts
or
Bishops
]
propter
Consilium
ordinandum
;
Minores
[
that
is
,
the
Lesser
Barons
,
and
Inferior
,
but
qualified
Clergy
]
propter
idem
suscipiendum
,
&
interdum
pariter
tractandum
;
&
non
ex
Potestate
,
sed
ex
proprio
mentis
intellectu
vel
sententiâ
confirmandum
.
And
after
all
,
what
was
resolv'd
on
,
in
this
Great
Assembly
,
was
presented
to
the
Emperor
:
And
what
he
in
his
Wisdom
approv'd
,
was
to
be
observ'd
by
all
[
*
](A26154-e21250-b)
*
c.
34.
.
Much
after
the
same
manner
,
I
suppose
,
were
the
mixt
Meetings
of
our
Saxon
Kings
held
.
They
were
call'd
by
the
same
Name
;
being
styl'd
Synodi
[
†
](A26154-e21290-b)
†
Which
the
Learned
Mr.
Nicholson
,
with
all
his
Saxon
knowledge
,
seems
not
to
have
consider'd
,
where
he
asserts
the
Meeting
at
Twiford
,
in
which
St.
Cuthbert
was
chosen
Bishop
,
to
have
been
no
Synod
,
but
a
Parliament
.
[
See
his
Notes
on
Northumberland
,
in
the
Engl.
Cambden
p.
859.
]
An
Instance
,
which
shews
how
fit
he
is
for
that
Office
he
has
taken
upon
himself
of
being
an
Umpire
in
this
Controversy
.
,
and
Concilia
;
tho'
Secular
Persons
join'd
,
and
Secular
Affairs
were
transacted
in
them
.
They
were
compos'd
of
the
same
Persons
:
For
there
sat
the
Bishops
,
Counts
,
&c.
and
there
attended
the
Lesser
Thanes
,
and
their
Equals
[
‖
](A26154-e21430-b)
‖
LL.
Athelst.
§.
71.
Missae
Presbyteri
&
Saecularis
Thani
Jusjurandum
in
Anglorum
Lege
computatur
aeque
carum
.
LL.
H.
1.
c.
64.
,
the
Priests
,
&c.
the
Spiritual
and
Temporal
part
of
the
Convention
consulting
together
,
or
asunder
[
⸫
](A26154-e21450-b)
⸫
See
Council
of
Cloveshoe
Ann.
747.
where
tho'
King
Ethelbald
his
Princes
and
Dukes
were
present
,
yet
are
the
Canons
said
to
be
made
by
the
Clergy
alone
;
who
went
aside
for
that
purpose
.
Spelm.
Conc.
I.
1.
p.
245.
And
the
same
thing
is
observed
in
the
Glossary
,
concerning
the
Laws
of
Athelstan
,
in
voce
Parliamentum
.
as
they
saw
occasion
.
They
were
conven'd
,
in
like
manner
,
twice
a
Year
,
by
a
Law
of
King
Alfred's
[
(*)
](A26154-e21520-b)
(*)
Mirror
c.
1.
Sect.
3.
and
one
of
those
Meetings
was
fix'd
(
if
not
in
his
time
,
yet
afterwards
)
to
the
Calends
of
May
,
[
(†)
](A26154-e21540-b)
(†)
LL.
Edv.
c.
35.
Debent
Populi
omnes
&
Gentes
Universae
singulis
annis
Convenire
,
scil.
in
capite
Calendarum
Maii.
as
it
was
in
Germany
:
And
to
this
all
the
Proceres
regni
&
Milites
,
&
Liberi
Homines
universi
totius
regni
Britanniae
[
(‖)
](A26154-e21570-b)
(‖)
LL.
Edv.
eod.
cap.
[
Vide
&
Spelm.
in
Gemotum
.
]
and
in
such
a
full
Folcmote
as
this
Earl
Godwin
was
Out-law'd
in
the
Confessors
time
:
For
so
is
Knighton's
account
of
it
.
Edwardus
in
Parliamento
pleno
God
winum
cum
Filiis
suis
exlegavit
.
X.
Script
.
p.
2331.
There
was
another
Full
Folcmote
,
which
was
a
County
Court
only
.
resorted
,
and
it
was
stil'd
Plenus
Folcmote
,
and
distinguish'd
from
the
other
Folcmote
where
only
the
Episcopi
,
Principes
,
&
Comites
were
present
,
which
was
the
foundation
of
that
difference
that
appears
afterwards
in
our
Records
,
between
a
Great
Council
and
a
Parliament
;
(
or
Full
Parliament
,
as
it
is
often
Emphatically
called
)
the
one
being
a
Select
Convention
of
the
Nobles
and
Great
Men
,
the
other
a
General
Assembly
of
all
the
States
of
the
Realm
:
And
both
the
latter
and
elder
Practice
among
us
,
as
well
as
the
Institution
of
Pepin
and
Charles
the
Great
,
were
originally
derived
from
the
more
ancient
Usages
of
the
Barbarous
Germans
,
which
Tacitus
,
in
a
well
known
passage
thus
describes
;
De
Minoribus
Rebus
Principes
consultant
,
de
Majoribus
Omnes
,
and
adds
,
Ita
tamen
ut
ea
quoque
quorum
penes
Plebem
Arbitrium
est
,
apud
Principes
praetractentur
[
*
](A26154-e21810-b)
*
De
Situ
Moribus
&
Populis
Germaniae
.
:
which
is
exactly
the
same
account
that
Hincmar
has
given
us
of
the
Custom
,
as
it
stood
revived
Seven
hundred
years
afterwards
.
The
Members
also
of
our
Saxon
Councils
were
alike
distinguished
into
such
as
had
right
of
Suffrage
and
Subscription
,
and
such
as
were
present
chiefly
in
order
to
[
†
](A26154-e21880-b)
†
Thus
a
Charter
of
K.
Ina
is
passed
,
Consentientbus
omnibus
Britanniae
Regibus
,
Archiepiscopis
,
Episcopis
,
Ducibus
atque
Abbatibus
.
And
they
Subscribed
and
Confirmed
it
,
Cum
Praesentiâ
Populationis
.
Monast.
Vol.
1.
p.
14
,
15.
And
so
his
Laws
were
made
,
Exhortatione
&
Doctrinâ
Episcoporum
&
Seniorum
Sapientum
.
And
in
Magna
Frequentiâ
Servorum
Dei
.
i.
e.
of
Inferior
Churchmen
.
Jorval
p.
761.
And
in
relation
both
to
the
Lower
Clergy
and
Laity
,
that
Passage
in
one
of
Ingulphus
's
Charters
is
very
observable
,
Fidelium
Infinitâ
Multitudine
,
qui
omnes
Regium
Chirographum
Laudaverunt
;
Dignita●●s
●erò
sua
nomina
Subscripserunt
.
p.
17.
I
cannot
bring
my self
to
think
that
these
and
such
like
Phrases
,
signify
only
a
Rabble
,
or
mixt
Multitude
that
resorted
to
such
Meetings
as
these
of
their
own
Accord
;
but
must
,
till
I
am
better
inform'd
,
〈◊〉
that
some
Order
and
Method
was
observed
in
Convening
them
.
Approve
.
And
some
Footsteps
there
are
of
this
Difference
still
visible
in
the
several
Writs
to
the
Lords
,
and
for
the
Commoners
;
the
one
running
,
Quòd
intersitis
cum
Praelatis
&
Magnatibus
—
tractaturi
,
vestrúmque
Concilium
impensuri
;
The
other
Ordering
them
to
be
sent
,
Ad
faciendum
&
consentiendum
hiis
quae
tunc
ibidem
de
Communi
Concilio
contigerit
ordinari
de
Negotiis
antedictis
:
as
the
Inferior
Clergy's
Summons
also
was
antiently
worded
;
tho
since
the
Compleat
Separation
of
the
two
Bodies
it
has
ran
,
ad
consentiendum
only
.
And
the
same
Distinction
doubtless
there
was
between
their
Manner
of
Attending
those
great
Councils
,
which
was
such
,
as
shew'd
regard
and
distance
;
and
is
even
now
kept
up
to
a
Degree
,
when
the
Commons
come
to
the
Bar
of
the
House
of
Lords
at
the
Opening
and
Dismission
of
the
Parliament
,
and
on
other
solemn
occasions
.
And
so
did
the
Inferior
Clergy
too
;
and
that
sometimes
,
even
after
their
Separation
,
as
the
Rolls
of
[
*
](A26154-e22160-b)
*
Rot.
Par.
2.
H.
4.
n.
14.
Parliament
,
when
produced
in
their
proper
place
,
will
shew
.
To
all
which
I
shall
add
one
Remark
made
on
these
Saxon
Meetings
by
Mr.
Selden
,
which
will
bring
what
has
been
said
of
them
nearer
home
to
our
present
purpose
.
He
observes
[
†
](A26154-e22200-b)
†
Notae
in
Eadmerum
.
p.
167.
LL.
Edgari
Polit.
c.
5.
,
That
the
Shire-Gemots
,
or
Sheriffs
Turns
,
were
not
only
ordered
by
the
Old
Saxon
Laws
[
‖
](A26154-e22260-b)
‖
LL.
Ed.
Conf.
c.
35.
to
be
held
Twice
a
Year
,
as
Provincial
Councils
were
by
the
Canons
;
but
punctually
at
the
same
Time
also
that
those
Councils
were
to
be
Summoned
(
i.
e.
after
Easter
and
Michaelmas
)
as
the
Thirty
fifth
Chapter
of
Magna
Charta
shews
.
And
this
he
supposes
to
have
been
practised
on
the
State
side
,
in
compliance
with
the
Rules
of
the
Church
;
That
the
Bishop
and
the
Earl
(
or
his
Sheriff
)
might
have
an
Opportunity
of
sitting
together
in
Court
,
according
to
the
mixt
Policy
of
those
times
.
This
does
not
exactly
square
;
because
the
Canons
related
to
a
Synod
of
the
Province
,
whereas
this
was
only
a
County
Meeting
:
However
I
thankfully
accept
the
Hint
,
and
desire
thus
to
improve
it
,
—
That
the
Two
General
Folcmotes
,
(
not
the
Particular
Shiremots
)
were
adjusted
to
the
Canonical
Times
of
Assembling
.
For
one
of
these
we
find
,
was
to
be
held
constantly
at
the
beginning
of
May
[
*
](A26154-e22420-b)
*
Vide
Spelm.
in
Gemotum
.
,
that
is
,
immediately
after
the
Easter
Turn
was
over
(
for
at
the
same
Time
both
could
not
be
held
,
since
the
same
Persons
were
obliged
to
Attend
both
)
and
therefore
the
other
,
we
may
presume
,
if
it
Met
that
Year
,
was
held
at
the
like
Distance
from
the
Michaelmas
Turn
.
These
County-Courts
being
Preparative
to
the
National
Assembly
;
either
as
to
the
Causes
that
were
first
to
be
Tried
there
,
and
then
finally
determined
here
[
†
](A26154-e22490-b)
†
According
to
that
Law
of
Canutus
(
Part
2.
§.
18.
)
which
allowed
the
Plantiff
an
immediate
Appeal
to
the
King
,
if
the
Shire-Gemot
delayed
his
Remedy
above
Four
Court
Days
.
;
or
(
if
the
Antiquaries
would
give
me
leave
to
say
so
)
for
the
Return
of
Members
.
However
that
may
be
,
certain
it
is
,
that
in
after-times
,
the
Quindena
Paschae
,
and
Quindena
Michaëlis
,
were
Customary
Periods
of
Assembling
the
Parliament
;
and
are
so
often
mentioned
as
such
by
our
Histories
,
as
to
give
us
good
ground
to
believe
,
they
might
spring
from
the
old
Saxon
Usage
,
as
That
did
from
Ecclesiastical
Practice
.
Thus
our
Church
Then
held
her
Synods
concurrently
with
the
Lay-Councils
;
not
indeed
according
to
the
strict
Letter
of
the
Canons
(
for
both
Provinces
Assembled
together
)
but
so
however
,
as
to
satisfy
the
Intent
of
them
,
and
to
prevent
other
Synods
,
that
were
purely
Provincial
,
from
Assembling
so
often
as
they
should
,
and
would
otherwise
have
done
.
And
this
therefore
may
be
added
to
the
Reasons
that
the
most
Learned
De
Marca
has
given
[
*
](A26154-e22600-b)
*
L.
VI.
c.
5.
for
the
Intermission
of
those
Meetings
here
in
the
West
;
notwithstanding
the
frequent
Decrees
of
the
Church
for
their
Continuance
or
Revival
.
The
Norman
Revolution
made
no
change
in
this
respect
:
for
though
the
Conqueror
is
known
to
have
divided
the
Court
of
the
Bishop
and
Earl
,
who
before
mix'd
Jurisdictions
;
yet
he
continued
still
to
Assemble
the
Clergy
Nationally
with
the
Laity
,
here
as
in
Normandy
[
†
](A26154-e22680-b)
†
Vide
Orderic
.
Vital
.
ad
an.
1080.
p.
552.
ad
an.
1095.
p.
722.
Where
also
it
is
said
,
Abbates
totius
Provinciae
cum
Clero
&
parte
Procerum
affuerunt
.
;
and
united
them
more
closely
than
before
by
his
new
Tenure
of
Knight-Service
,
which
oblig'd
all
Persons
that
held
of
the
Crown
,
whether
Spiritual
or
Temporal
,
equally
to
Attend
his
Great
Councils
.
And
to
These
therefore
were
Summoned
,
not
the
Bishops
,
and
great
Abbots
alone
,
but
many
others
also
of
the
Lower
,
and
even
of
the
Undignified
Clergy
;
who
,
as
Dooms-day
Book
shews
,
held
Lands
of
the
King
in
every
Shire
[
†
](A26154-e22780-b)
†
4711.
Knight's
Fees
were
Vested
in
Parochial
Churches
,
says
the
Author
of
Eulogium
.
;
and
to
be
sure
therefore
were
present
,
together
with
the
other
Crown-Tenants
,
even
in
the
Conqueror's
Curiae
,
held
acourse
at
the
Three
great
Festivals
;
and
appear'd
no
doubt
in
greater
Numbers
,
at
his
more
full
and
general
Assemblies
of
all
the
States
of
the
Realm
.
At
such
only
,
Church-Affairs
seem
to
have
been
Transacted
;
not
at
his
Ordinary
Curiae
,
(
though
some
of
the
Clergy
of
all
Ranks
might
be
present
there
:
)
unless
when
these
Curiae
,
and
those
great
Councils
were
co-incident
,
and
the
latter
Summoned
to
meet
extraordinarily
at
the
same
time
that
the
former
met
acourse
.
As
the
Case
was
in
that
mixt
Convention
at
Winchester
,
where
Stigand
was
Deprived
;
and
in
another
at
Gloucester
,
where
several
Bishops
were
made
.
How
long
exactly
the
Saxon
Manner
of
Mix'd
Councils
continued
,
is
not
easy
to
say
.
However
that
for
several
Reigns
after
the
Conquest
it
obtained
,
is
certain
;
and
it
is
probable
,
that
the
Disuse
of
it
might
begin
toward
the
middle
of
H.
II.
when
the
Clergy
,
we
are
told
,
Disjoined
themselves
from
the
Laity
[
‖
](A26154-e22910-b)
‖
Post
Turonense
Concilium
(
which
was
in
1163.
about
the
Time
of
the
Council
of
Clarendon
)
cum
Omnibus
penè
in
Rebus
Clerus
se
a
Populo
disjunxisset
.
Antiqu.
Britann
.
p.
131.
in
every
respect
,
and
set
up
to
be
Independent
;
being
encouraged
in
this
Attempt
by
the
Pope
(
whose
Power
was
then
very
great
)
and
by
the
Success
which
they
had
in
their
struggle
with
the
Crown
about
the
Affair
of
Archbishop
Becket
,
and
the
Articles
of
Clarendon
.
And
this
Division
of
the
Spiritualty
from
the
Temporalty
,
which
began
in
H.
the
IIds
.
time
,
took
Root
under
his
Successors
,
and
was
settled
more
and
more
by
the
Absence
of
Richard
the
First
in
the
Holy
Land
,
by
King
Iohn's
weak
,
and
H.
the
IIIds
.
troubled
Reign
.
Now
therefore
the
Clergy
seem
to
have
declin'd
Obedience
to
the
Lay-Summons
;
except
such
of
them
only
as
were
oblig'd
to
attend
the
Great
Councils
of
the
Realm
by
their
Offices
,
or
their
Tenures
;
so
that
in
the
Sixth
of
King
Iohn
,
when
the
King
had
a
mind
to
have
all
the
Abbots
and
Priors
present
in
Parliament
,
he
was
forced
to
Cite
them
by
the
several
Bishops
of
the
Dioceses
[
*
](A26154-e23070-b)
*
Cl.
6.
Jo.
M.
3.
dors.
,
and
not
by
an
immediate
Summons
.
And
in
49
H.
3.
when
every
Abbot
had
his
Distinct
Writ
,
they
are
said
to
have
been
Voluntariè
summoniti
[
†
](A26154-e23100-b)
†
Pat.
26.
E.
3.
PS.
1.
M.
22.
in
Pryn's
Reg.
of
Par.
Writ
.
Vol.
1.
p.
142.
,
i.
e.
by
their
own
Consent
;
not
as
of
Right
,
or
as
owing
the
Crown
any
such
Service
.
To
this
Recess
a
way
had
been
before
opened
by
the
Dispute
between
the
Two
Metropolitans
,
Thurstan
Archbishop
of
York
,
refusing
that
Subjection
to
the
See
of
Canterbury
,
which
had
been
paid
to
it
by
his
Predecessors
from
Lanfranks
time
;
when
in
a
great
Council
(
held
first
at
Winchester
,
and
then
at
Windsor
)
it
was
solemnly
determined
,
That
the
Archbishop
of
York
,
and
his
Clergy
,
should
attend
the
Archbishop
of
Canterbury's
Conciliary
Meetings
and
Summons
[
‖
](A26154-e23240-b)
‖
Diceto
de
Archi.
Cant.
p.
685.
.
But
this
Rule
was
broke
in
upon
in
less
than
Fifty
Years
after
it
was
settled
;
and
the
See
of
York
,
by
the
favour
of
the
Pope
made
Independent
.
And
now
therefore
,
the
Archbishop
of
Canterbury's
Authority
being
confined
to
his
own
Province
,
and
the
Interest
of
the
Crown
in
calling
the
Body
of
the
Clergy
together
,
afterwards
lessening
apace
;
the
Affairs
of
the
Church
came
at
length
to
be
transacted
in
Two
separate
Provincial
Synods
,
and
the
Clergy
seldome
to
Assemble
Nationally
,
but
at
the
Command
of
a
Legate
;
who
often
called
them
together
in
H.
the
IIId's
Reign
;
and
that
(
to
bring
the
Observation
nearer
to
my
Subject
)
at
the
very
time
of
Parliament
:
And
sometimes
I
find
,
that
both
the
Regal
and
Legantine
Authority
joined
in
Convening
them
.
[
*
](A26154-e23300-b)
*
Compare
M.
Par.
p.
915.
with
the
Ann.
of
Burt.
p.
355.
But
their
ordinary
way
of
attending
the
Parliament
,
was
not
in
one
National
Council
,
but
in
two
separate
Assemblies
of
the
Province
,
as
is
manifest
from
the
Constitution
of
Reading
formerly
Cited
;
where
Two
Proctors
are
appointed
to
be
sent
from
every
Diocese
,
to
appear
in
proximâ
Congregatione
nostrâ
tempore
Parliamenti
proximi
[
†
](A26154-e23390-b)
†
Constit.
Provinc
.
p.
25.
.
Here
we
see
the
Provincial
Synods
of
the
Clergy
(
for
the
Council
of
Reading
was
such
)
are
spoken
of
in
the
7th
Year
of
E.
I.
(
when
this
Council
was
held
)
as
Meeting
acourse
together
with
the
Parliament
.
And
we
may
be
sure
therefore
,
that
the
Custom
was
of
Elder
date
;
though
when
it
arose
canot
be
precisely
determined
.
But
this
Wise
and
High-spirited
Prince
,
finding
the
Clergy
thus
divided
from
the
Laity
,
and
from
one
another
,
hard
to
be
dealt
with
,
resolved
to
restore
the
old
Practice
,
and
to
bring
them
Nationally
to
Parliament
;
which
he
did
,
by
inserting
into
the
Bishop's
Writ
that
Clause
which
begins
with
the
word
Premunientes
,
and
Summoning
by
the
means
of
it
,
all
the
Secular
Clergy
under
Bishops
,
either
in
Person
,
or
by
their
Proxy's
;
as
also
those
Religious
,
who
were
so
far
Secular
as
to
be
Chapters
to
the
Bishops
,
and
placed
in
the
Heads
of
the
several
Dioceses
;
such
as
the
Priors
and
Convents
of
Canterbury
,
Winchester
,
Worcester
,
&c.
were
.
The
Mere
Religious
,
as
professing
to
be
out
of
the
World
,
had
the
Privilege
also
of
being
left
out
of
those
Summons
;
the
Crown
contenting
it self
to
direct
particular
Writs
to
all
the
great
Abbots
and
Priors
,
whether
holding
by
Barony
or
not
;
without
commanding
the
Attendance
of
their
Convents
.
The
Numbers
of
the
Lower
Clergy
Cited
by
the
Archbishop
to
his
Parliamentary
Convocations
had
born
some
proportion
all
along
to
those
of
the
Lower
Laity
called
at
the
same
time
to
Parliaments
[
*
](A26154-e23480-b)
*
For
this
Reason
the
Constitution
of
Reading
appointed
two
Proctors
for
every
Diocese
.
And
a
Mandate
of
Peckam
in
1290.
(
See
his
Register
)
Cited
out
of
every
Diocese
,
Duos
vel
tres
Procuratores
,
when
the
Commons
Writ
of
the
same
Year
ra●
,
Duos
vel
tres
de
discretioribus
milibus
.
Brady
Introd.
p.
149.
;
and
the
Premunitory
Summons
therefore
,
when
first
practised
by
this
King
,
still
carried
on
the
Parallel
.
By
it
some
were
ordered
to
appear
for
the
Diocese
(
the
County
Christian
)
and
some
for
the
Cathedral
Clergy
of
those
Cities
that
sent
Members
to
Parliament
.
And
as
the
Welch
Shires
return'd
but
one
Knight
apiece
[
†
](A26154-e23590-b)
†
When
this
began
I
know
not
;
for
many
Years
after
the
Commons
were
Summoned
as
they
are
now
,
I
find
the
Community
of
Wales
appearing
in
Parliament
,
as
those
of
Scotland
sometimes
did
,
by
a
certain
Number
return'd
for
the
Whole
.
,
so
their
several
Dioceses
were
to
appear
by
a
single
Proctor
[
‖
](A26154-e23630-b)
‖
So
I
gather
from
the
Usage
of
those
Assemblies
which
were
purely
Ecclesiastical
.
To
one
of
which
(
An.
1302.
)
the
English
Clergy
were
Summoned
by
Two
,
and
the
Welch
by
One
Proctor
apiece
.
Registr
.
Winchel●ey
.
fol.
147.
.
And
beside
all
these
,
the
Archdeacons
[
(*)
](A26154-e23730-b)
(*)
M.
Par.
ad
Ann.
1247.
p.
719.
and
Deans
[
(†)
](A26154-e23760-b)
(†)
Idem
p.
240.
ad
15.
Joh.
having
been
long
before
called
to
the
Great
Councils
of
the
Realm
,
were
not
omitted
now
,
but
comprised
in
the
same
Writ
of
Summons
.
Nor
were
their
Numbers
only
in
some
measure
proportionable
,
but
the
Powers
also
with
which
they
came
,
Originally
the
very
same
;
so
that
their
first
Writs
of
Summons
ran
equally
,
ad
Tractandum
,
Ordinandum
,
&
Faciendum
[
*
](A26154-e23820-b)
*
22.
E.
1.
in
Registro
Henr.
Prioris
.
23.
E.
1.
apud
Dugdal
.
Summon
.
;
and
when
the
one
Summoned
ad
Ordinandum
only
[
†
](A26154-e23870-b)
†
Registr.
Hen.
Pr.
Fol.
69.
Dugd.
Summ.
p.
13.
,
or
ad
Faciendum
&
Consentiendum
[
‖
](A26154-e23910-b)
‖
17.
E.
2.
Dugd.
p.
92.
Pryn.
Reg.
Parl.
Wr.
Vol.
2.
p.
77.
5
E.
3.
Dugd.
p.
163.
Pryn.
Ibid.
p.
86
,
&c.
,
so
did
the
other
:
The
Minute
Alterations
of
these
Forms
taking
place
in
both
Writs
at
once
,
in
various
Instances
;
and
the
Procuratoria
,
which
were
fram'd
upon
those
Writs
for
the
Lower
Clergy
,
answering
almost
in
Terms
the
Returns
that
were
made
for
the
[
⸪
](A26154-e24000-b)
⸪
Pryn
R.
P.
W.
4.
Vol.
p.
436.
Laity
.
To
omit
other
Correspondencies
which
might
be
observed
,
if
these
were
not
sufficient
,
to
shew
,
That
the
Clergy
brought
to
Parliament
by
the
Premunientes
,
were
to
all
intents
and
purposes
,
what
they
were
long
afterwards
in
the
Rolls
of
Parliament
called
,
The
Commons
Spiritual
of
the
Realm
.
This
Clause
,
how
much
soever
to
the
real
Interest
and
Advantage
of
the
Lower
Clergy
,
was
yet
thought
a
Burthen
by
them
,
and
an
inroad
upon
their
Priviledges
;
and
they
tried
all
ways
therefore
of
withstanding
or
declining
it
;
but
in
vain
:
for
the
Genius
of
that
mighty
Monarch
,
who
was
not
us'd
to
be
baffled
in
any
Attempt
,
carried
it
against
all
their
Opposition
.
And
the
Ground
he
had
thus
gained
upon
them
,
he
kept
throughout
all
his
Reign
;
as
appears
by
the
Records
of
the
last
Parliament
(
but
the
First
,
whose
Proxy
Roll
is
preserved
)
which
Ryley
has
Printed
at
l●●gth
in
his
Placita
Parliamentaria
[
*
](A26154-e24080-b)
*
P.
321.
.
There
the
Proxy's
are
enter'd
of
every
Bishop
Abbot
,
Prior
,
Dean
,
and
Archdeacon
,
that
did
not
Personally
appear
in
Parliament
,
as
also
of
the
Clergy
of
every
Chapter
and
Diocese
.
But
a
weak
Prince
,
and
a
disorderly
Government
succeeding
,
they
laid
hold
of
that
favourable
Opportunity
to
resume
their
pretences
to
Exemption
.
The
wise
Maxim
was
now
forgotten
by
which
they
governed
themselves
,
and
made
their
stand
against
the
Pope
in
Henry
the
Third's
Reign
[
Regnum
&
Sacerdotium
nullatenùs
sint
divisa
[
†
](A26154-e24120-b)
†
An.
Burt.
P.
307.
]
:
A
Maxim
,
that
never
hurt
the
Clergy
when
they
stuck
to
it
,
as
it
has
never
prosper'd
with
them
when
they
departed
from
it
;
nor
,
I
believe
,
ever
will
.
They
liked
not
the
Premunientes
at
first
,
and
the
severe
Taxes
they
had
smarted
under
ever
since
it
went
out
,
made
them
like
it
still
worse
;
and
had
quite
alter'd
their
Mind
and
their
Measures
:
So
that
now
they
thought
,
their
Interest
and
Safety
lay
in
Uniting
as
closely
with
the
Pope
,
and
Dividing
as
far
as
they
could
from
the
Laity
.
The
Archbishop
,
no
doubt
,
favouring
this
Opinion
,
with
a
prospect
of
sharing
the
Pope's
Power
over
them
;
and
under
the
Pretence
that
it
would
be
more
for
the
Honour
of
him
and
his
Clergy
to
be
still
by
Themselves
in
Two
Assemblies
of
Convocation
,
answerable
in
some
proportion
to
the
Two
Houses
of
Parliament
;
according
to
Bishop
Ravis's
just
and
impartial
[
‖
](A26154-e24160-b)
‖
In
his
Reasons
for
a
Reunion
presented
to
Q.
Eliz.
Hist.
Ref.
Part
2.
Coll.
of
Records
,
n.
18.
Observation
.
The
Separation
therefore
was
resolved
on
;
attempted
in
Edward
the
First
's
,
advanc'd
very
far
in
Edward
the
Second's
,
and
fully
settled
in
Edward
the
Third's
Reign
.
Even
under
the
former
of
these
Princes
,
though
the
Clergy
obeyed
the
Parliamentary
Summons
duly
,
yet
were
they
backward
to
answer
the
Ends
of
it
,
unless
they
might
do
it
in
their
own
Manner
;
and
therefore
referred
themselves
more
than
once
to
a
Fuller
Assembly
of
the
Province
,
to
be
gathered
by
the
Archbishop
;
where
they
knew
they
should
be
join'd
by
All
the
Religious
,
and
by
Their
help
be
enabled
either
better
to
put
off
the
Burthen
that
might
be
laid
upon
them
,
or
better
to
bear
it
.
His
easy
Successor
was
prevailed
with
yet
further
,
to
mix
Authorities
,
and
to
take
the
Archbishop's
Power
along
with
him
in
Convening
them
;
so
that
under
him
the
way
was
often
,
when
the
Bishop's
Writ
with
the
Clause
Premunientes
went
out
,
to
send
Two
other
Writs
to
the
Two
Metropolitans
,
directing
them
to
cite
Those
[
and
Those
Only
]
of
their
Province
by
a
general
Mandate
,
which
were
Summon'd
severally
by
the
Bishops
Writs
.
But
because
this
,
though
a
great
Condescention
of
the
Crown
,
was
still
an
Hardship
upon
the
Archbishop
,
out
of
whose
Province
the
Parliament
was
held
,
who
could
not
regularly
bring
his
Subjects
to
any
place
not
within
his
Jurisdiction
;
and
because
it
was
known
to
be
more
agreeable
to
the
Rules
of
the
Church
,
and
found
to
be
more
conducive
to
the
Peace
of
the
State
[
*
](A26154-e24250-b)
*
In
respect
to
the
Controversy
about
the
Supreme
Bearing
of
the
Archiepiscopal
Crosses
;
which
never
rag'd
so
high
,
as
when
the
Archbishops
met
one
another
at
the
Head
of
the
Clergy
of
their
Provinces
.
,
that
the
Clergy
of
each
Province
should
Assemble
apart
;
therefore
this
Accommodation
afterwards
took
place
;
That
the
Premunientes
should
still
Summon
them
from
the
King
to
meet
Parliamentarily
,
but
that
sufficient
Obedience
should
be
understood
to
be
paid
to
it
,
if
the
Clergy
met
Provincially
,
though
not
at
the
same
Place
,
yet
about
the
same
Time
,
and
to
the
same
Purpose
,
to
be
ready
to
hear
what
should
be
Proposed
from
the
King
;
to
give
their
Advice
when
ask'd
,
and
their
Consent
when
requisite
;
to
offer
their
Aids
,
and
their
Petitions
;
and
,
in
short
,
to
answer
the
necessary
Affairs
of
the
King
and
Kingdom
.
Not
that
the
Clause
Premunientes
now
grew
useless
and
insignificant
:
for
still
the
Bishop
(
who
executed
the
Royal
Writs
upon
the
Clergy
of
the
Diocese
,
as
the
Sheriff
did
upon
the
Laity
of
the
County
)
when
he
received
his
Summons
to
Parliament
,
transmitted
it
to
those
of
the
Lower
Clergy
concern'd
;
and
they
still
made
their
returns
to
it
:
Such
of
them
as
were
not
to
Attend
in
Person
,
formally
Impowering
their
Proctors
to
Appear
and
Consent
for
them
in
Parliament
,
according
to
the
Tenor
of
the
Bishops
Writ
;
though
those
Proctors
sat
afterwards
and
acted
in
Convocation
.
An
instance
of
such
a
Procuratorium
for
the
Parliament
,
I
have
seen
as
low
as
1507.
and
another
of
an
execution
of
the
Premunientes
by
the
Bishop
;
yet
lower
in
the
Reign
of
Edward
the
Sixth
;
though
Returns
had
then
Ceas'd
,
or
at
least
were
not
Enter'd
.
Thus
the
Forms
were
kept
up
,
and
by
that
means
the
King
's
Right
of
Summoning
the
Clergy
asserted
and
owned
:
And
,
so
the
State-ends
of
Summoning
them
were
also
answered
,
they
were
left
to
do
it
in
an
Ecclesiastical
way
;
and
to
attend
the
Parliament
and
the
Business
of
it
,
not
in
One
Body
,
as
they
were
called
,
but
in
Two
Provincial
Assemblies
.
This
they
did
at
first
by
the
Connivance
of
the
Crown
,
rather
than
any
express
Allowance
;
the
Archbishop
of
his
own
accord
sending
out
a
Provincial
Citation
concurrently
with
the
Bishops
Writs
of
Summons
;
which
Method
obtaining
,
and
these
Meetings
of
the
Province
being
tacitly
accepted
in
lieu
of
the
Clergy's
resort
to
Parliament
;
it
grew
necessary
for
the
King
to
employ
his
Authority
also
in
Convening
them
;
for
otherwise
it
had
been
at
the
Archbishop's
Discretion
,
whether
he
would
have
any
such
Meetings
or
not
;
and
so
the
Crown
might
have
lost
the
Clergy's
Assistance
in
Parliament
.
This
gave
birth
to
the
custom
of
issuing
out
Two
Convocation-Writs
,
when
a
New
Parliament
was
to
be
Chosen
;
which
though
set
on
foot
before
,
yet
settled
not
into
a
Rule
till
some
Years
after
Edward
the
Third
was
in
the
Throne
;
and
then
it
was
practised
as
duly
and
regularly
,
and
in
much
the
same
manner
as
it
is
at
this
day
:
Take
one
Instance
(
and
that
not
the
Earliest
which
might
be
given
)
instead
of
many
.
In
the
Parliament
Roll
of
his
Eighteenth
Year
we
read
,
That
it
had
been
agreed
for
the
urgent
Affairs
of
the
Kingdom
,
to
hold
a
Parliament
at
Westminster
[
on
the
Monday
after
the
Octaves
of
Trinity
]
and
that
the
Archbishop
should
call
a
Convocation
of
the
Prelates
and
others
of
the
Clergy
of
his
Province
,
to
the
Church
of
St.
Paul's
,
London
,
on
the
Morrow
of
Trinity
,
for
the
Dispatch
of
the
said
Affairs
.
To
which
Convocation
none
of
the
greater
Prelates
came
on
the
said
Morrow
of
Trinity
,
or
in
the
Eight
days
ensuing
,
except
the
Archbishop
,
[
or
Two
or
Three
other
Bishops
there
named
]
as
the
King
was
given
to
understand
;
at
which
he
much
marvelled
:
As
also
that
the
Great
Men
were
not
come
to
the
Parliament
upon
the
Day
to
which
they
were
Summoned
:
—
And
he
charged
the
Archbishop
therefore
to
do
what
belonged
to
him
,
in
relation
to
those
of
the
Clergy
of
his
Province
,
who
came
not
to
the
said
Convocation
,
nor
Obeyed
his
Mandate
:
And
the
King
would
do
what
belonged
to
himself
,
in
relation
to
such
as
came
not
to
Parliament
,
nor
Obeyed
his
Commands
.
[
*
](A26154-e24530-b)
*
Rot.
Par.
18.
E.
3.
n.
1.
If
we
supply
this
Record
with
the
Writs
extant
on
the
Back
of
the
Roll
,
it
will
appear
that
the
Clergy
were
Summoned
here
just
as
they
are
now
,
by
the
Archbishop
,
at
the
King's
Order
,
or
Letter
of
Request
,
as
it
was
then
deemed
and
[
†
](A26154-e24560-b)
†
Even
by
the
Crown
it self
;
for
in
the
25
E.
3.
a
Writ
to
the
Archbishop
of
York
,
in
the
Close
Roll
of
that
Year
recites
,
that
the
Archbishop
of
Canterbury
had
called
his
Clergy
in
Quindenâ
Paschae
,
ad
Rogatum
Nostrum
.
stiled
;
though
it
ran
,
as
now
,
Rogando
Mandamus
,
and
though
the
peremptory
Time
and
Place
of
the
Clergy's
Assembling
were
prefixed
by
it
:
and
we
see
therefore
that
Punishment
is
Ordered
in
the
Roll
for
their
disobeying
the
Archbishop's
Mandate
;
but
not
a
word
of
their
not
complying
with
the
King's
Summons
.
But
this
was
only
the
Language
of
Popery
,
by
which
they
kept
up
their
pretences
to
Exemption
;
and
the
Clergy
were
indulged
in
the
Form
,
so
the
Thing
were
but
effectually
done
;
which
was
,
to
have
them
Meet
together
with
the
Parliament
,
and
for
the
Dispatch
of
the
same
urgent
Affairs
of
the
Kingdom
[
*
](A26154-e24670-b)
*
Pur
treter
,
Parler
,
&
ordeigner
ce
que
soit
miet
,
affaire
pur
l'
esploit
des
dit
busoignes
—
Are
the
Words
of
the
Roll
;
and
one
of
these
words
is
that
from
whence
the
Name
of
Parliament
is
derived
.
;
for
which
the
Parliament
Met.
And
this
was
no
new
Practice
,
but
a
Method
now
Settled
and
Customary
;
of
which
,
various
Precedent
Instances
might
,
if
they
were
needful
,
be
given
;
but
it
is
a
short
and
sufficient
Proof
of
it
,
that
the
Words
of
the
the
King
's
Writ
to
the
Archbishop
run
,
More
solito
convocari
faciatis
.
We
shall
find
also
,
that
the
Archbishop
of
York
had
a
Writ
for
That
Province
,
as
the
Archbishop
of
Canterbury
had
for
This
;
only
he
was
to
Convene
his
Clergy
about
a
Fortnight
Later
,
than
the
other
Province
met
[
†
](A26154-e24760-b)
†
Province
of
Canterbury
met
on
the
Morrow
of
Trinity
,
i.
e.
May
31.
Easter
falling
that
Year
on
April
4.
That
of
York
the
Wednesday
after
St.
Barnabas
,
i.
e.
June
16.
.
And
in
this
the
way
then
taken
varied
a
little
from
Modern
Practice
,
which
has
made
those
Two
Meetings
perfectly
Coincident
.
But
the
ancient
Usage
was
,
for
the
Clergy
of
Canterbury
to
Assemble
first
,
in
order
to
set
the
President
,
which
it
was
expected
that
the
other
Province
should
almost
implicitly
follow
:
and
with
reason
;
since
,
if
the
Two
Provinces
had
continued
to
attend
the
Parliament
in
One
Body
,
as
they
did
of
Old
,
the
York
Clergy
would
have
had
no
Negative
upon
the
Parliamentary
Grants
of
the
Clergy
;
being
a
very
unproportioned
part
of
the
Assembly
.
When
therefore
they
desired
to
Meet
and
grant
Separately
,
the
Crown
had
reason
to
expect
,
that
what
the
greater
Province
did
,
should
be
a
Rule
to
the
less
,
or
otherwise
not
to
have
consented
to
their
Separation
.
Very
early
in
the
Rolls
therefore
this
Passage
occurs
,
That
the
Archbishop
of
Canterbury
,
and
other
Nobles
[
the
King's
Commissioners
in
his
absence
]
should
require
the
Archbishop
of
York
to
contribute
for
the
Defence
of
the
North
,
as
They
[
i.
e.
I
suppose
,
as
the
Archbishop
of
Canterbury
and
his
Clergy
]
had
done
And
even
in
Church
Acts
,
as
well
as
State
Aids
,
what
had
passed
the
one
,
was
held
to
be
a
kind
of
Law
to
the
other
;
so
that
in
1463
we
find
the
Convocation
of
York
adopting
at
once
all
the
Constitutions
made
by
that
of
Canterbury
,
and
as
yet
not
receiv'd
[
†
](A26154-e24970-b)
†
Memorand.
quòd
Praelati
&
Clerus
in
Convocatione
1463.
Concedunt
Unanimiter
,
quòd
Effectus
Constitutionum
Provincialium
Cantuar.
Prov.
ante
haec
tempora
tent
.
&
habit
.
Constitutionibus
Prov.
Ebor.
nullo
modo
repugnant
,
seu
prejudicial
&
non
aliter
nec
alio
modo
admittantur
.
Et
quòd
hujusmodi
Constitutiones
Prov.
Cant.
&
Effectus
earundem
,
ut
praefertur
,
inter
Constitutiones
Provinciae
Ebor.
prout
indiget
,
&
decet
in
serantur
,
&
cum
eisdem
de
caetero
servandae
incorporentur
,
&
pro
Jure
observentur
.
Registrum
Bothe
.
Arch.
Ebor.
f.
143.
;
a
Practice
that
I
doubt
not
was
often
in
elder
times
repeated
,
and
we
know
is
still
continu'd
.
And
as
the
time
of
the
Convocation
of
Canterbury's
assembling
was
,
in
this
and
in
most
oother
Ancient
Instances
different
from
that
of
her
Sister
Province
;
so
was
it
,
we
see
,
different
also
from
that
of
Parliament
.
Here
it
preceded
,
[
‖
](A26154-e25020-b)
‖
Seven
Days
.
but
generally
it
followed
the
Parliament
a
Week
or
two
;
on
purpose
,
as
I
apprehend
,
that
the
Bishops
and
Parliamentary
Abbots
might
be
at
leisure
to
attend
both
those
Meetings
.
And
this
was
the
usual
Distance
throughout
Edward
the
Third
,
and
Richard
the
Second's
Reigns
,
till
Henry
the
Fourth
began
to
enlarge
it
;
in
and
after
whose
time
the
Clergy
held
their
Assemblies
during
,
and
near
the
Sessions
of
Parliament
,
but
not
thoroughly
concurrent
with
them
;
the
Archbishop
it
seems
,
affecting
Independency
,
and
the
King
,
who
above
all
things
desir'd
to
stand
well
with
the
Clergy
,
favouring
him
and
them
in
that
respect
;
and
giving
way
to
their
being
call'd
later
,
or
dismiss'd
sooner
than
the
Laity
,
as
having
been
already
answer'd
in
his
Demands
,
at
that
,
or
some
other
Synod
of
the
Province
,
call'd
out
of
Parliament-time
:
Such
Assemblies
being
frequent
in
those
days
,
and
transacting
all
Affairs
that
belong'd
even
to
Parliamentary
Convocations
.
But
this
was
only
an
Interruption
of
the
Old
Practice
for
a
time
,
not
a
through
alteration
of
it
:
for
about
the
Entrance
of
the
last
Age
,
when
the
Prerogative
began
to
recover
the
Ground
it
had
lost
to
the
Church
,
we
find
these
Meetings
of
the
Clergy
and
Laity
more
closely
united
;
the
Dates
of
Henry
the
Eighth's
Convocation
being
all
one
,
or
a
few
days
before
,
or
after
,
(
if
not
altogether
the
same
with
)
those
of
his
Parliaments
:
And
from
1
Edw.
6.
to
this
Reign
the
Clergy
have
,
I
think
,
met
always
and
parted
within
a
day
of
the
Parliament
;
the
day
it self
on
which
the
Parliament
sat
and
rose
,
being
not
judg'd
so
proper
for
this
purpose
,
because
the
Bishops
were
then
to
attend
the
House
of
Lords
.
But
since
the
late
Revolution
,
the
Business
of
these
Two
Meetings
not
interfering
,
the
same
day
has
serv'd
to
open
both
of
'em
;
or
rather
to
open
the
one
,
and
shut
up
the
other
.
There
have
been
no
Deviations
from
this
Rule
that
I
know
of
,
except
in
a
Legatin
Synod
or
two
;
(
which
are
no
Presidents
)
and
once
in
the
Convocation
of
1640
:
but
that
Experiment
succeeded
too
ill
to
be
ever
try'd
a
Second
Time
.
The
Clergy
therefore
,
tho'
by
a
Mistake
in
their
Politicks
separated
from
the
Parliament
,
yet
continu'd
still
to
attend
it
,
in
Two
Provincial
Assemblies
,
or
Convocations
:
which
,
as
they
met
for
the
same
Purpose
,
and
had
the
same
Reasons
of
State
inserted
into
their
Writs
of
Summons
,
as
the
Parliament
had
;
so
did
they
(
to
manifest
yet
more
their
Origin
and
Allyance
)
keep
closely
up
to
the
Forms
,
and
Rules
,
and
Manner
of
Sitting
,
and
Acting
,
practis'd
in
Parliament
.
I
cannot
do
right
to
my
Subject
,
without
pointing
out
several
Particulars
,
wherein
this
Conformity
was
preserv'd
;
and
I
shall
not
therefore
,
I
hope
,
be
misinterpreted
in
doing
it
.
The
Two
Houses
of
Parliament
sat
together
Originally
;
and
so
therefore
did
the
Two
Houses
of
Convocation
:
of
which
,
to
omit
other
Proofs
,
I
shall
mention
that
only
which
may
be
drawn
from
the
Inferior
Clergy's
being
sent
as
Delegates
from
the
Bishops
to
represent
,
and
act
for
'em
in
Convocation
:
an
Usage
,
which
tho'
practis'd
long
after
the
Greater
Prelates
divided
from
the
Less
,
yet
must
,
in
all
Probability
,
have
had
its
Rise
,
when
they
were
together
;
as
the
like
Custom
also
in
Parliament
had
:
whither
the
Lords
Spiritual
and
Temporal
being
us'd
to
send
Commoners
to
Vote
for
them
,
while
the
States
were
together
,
continu'd
the
Practice
also
,
long
after
they
were
asunder
;
as
appears
,
on
the
Spiritual
Side
,
by
Numerous
Instruments
of
Proxy
,
yet
remaining
in
the
Bishops
Registers
;
and
,
on
the
Temporal
,
by
some
Probable
Inferences
of
Mr.
Elsyng
[
*
](A26154-e25180-b)
*
Cap.
5.
p.
126.
;
tho'
Direct
Proofs
of
it
are
,
together
with
the
Proxy
Rolls
,
lost
[
†
](A26154-e25190-b)
†
One
I
find
,
in
the
5
H.
5.
where
Th.
de
la
Warre
,
a
Baron
gives
Letters
of
Proxy
to
two
Commoners
;
and
those
(
which
is
very
particular
)
of
the
Clergy
:
but
his
case
was
particular
for
his
Barony
descended
to
him
after
he
was
in
Orders
;
and
he
is
styl'd
therefore
constantly
Magister
,
and
not
Dom.
de
la
Warre
in
his
Summons
to
Parliament
.
As
the
Commons
in
Process
of
Time
withdrew
from
the
Peers
,
so
did
the
Inferior
Clergy
from
the
Bishops
and
Abbats
:
Each
having
their
Prolocutor
in
ordinary
(
the
very
Word
,
that
is
us'd
every
where
in
the
Latin
Rolls
[
*
](A26154-e25290-b)
*
And
sometimes
in
the
English
Iournals
.
See
Sir
Symonds
d'Ewe●
,
p.
15.
&
p.
328
,
&c.
for
the
Speaker
)
and
not
withdrawing
only
from
the
Great
Lords
upon
occasion
,
for
Liberty
of
Debate
,
and
in
order
the
better
to
agree
,
upon
their
Petitions
,
and
Opinions
,
as
I
presume
they
always
did
even
in
the
Old
mixt
Assemblies
;
but
meeting
together
,
at
the
very
first
in
a
Distinct
Body
,
and
joyning
with
the
Upper
House
only
on
Great
Occasions
.
The
Prolocutor
was
so
chosen
,
as
the
Speaker
,
by
the
Body
,
whose
Mouth
he
was
;
so
presented
to
the
Archbishop
,
and
confirm'd
by
him
,
as
the
other
was
by
the
King
.
His
Office
was
much
the
same
on
either
side
;
He
moderated
their
Debates
,
kept
them
to
Order
,
and
attended
the
Lords
sometimes
with
the
sense
of
the
House
;
and
at
the
Entrance
of
his
Office
,
disabled
himself
in
form
;
several
Instances
of
which
occur
in
the
latter
Acts
of
Convocation
[
*
](A26154-e25400-b)
*
Act.
MS.
Conv.
1541
Sess.
2.
&
1554.
Sess.
3.
&
1562.
ad
Ian.
16.
.
Bills
of
Money
,
and
Grievances
,
(
but
especially
the
latter
)
began
usually
in
the
Lower
House
,
here
,
as
well
as
there
;
had
alike
several
Readings
;
and
were
Enacted
at
the
Petition
of
that
House
,
as
Statutes
antiently
were
:
and
the
Successive
Variations
in
the
Enacting
Forms
of
our
Statutes
were
observ'd
and
transcrib'd
generally
into
the
Clergy's
Constitutions
.
Their
Subsidies
were
often
given
Conditionally
,
and
with
Appropriating
Clauses
;
and
Indentures
drawn
upon
those
Conditions
,
between
the
Archbishop
and
the
King
,
if
the
Grant
was
to
the
Crown
;
or
between
the
Archbishop
and
the
Prolocutor
of
the
Lower
House
[
†
](A26154-e25510-b)
†
Scriptutura
Indentata
—
inter
Reverendissimum
Tho
—
ex
unâ
parte
,
&
Mag.
Dogett
Prolocutorem
Cleri
—
&
eundem
Clerum
ex
alterâ
testatur
quòd
dictus
Clerus
—
concessit
dicto
Reverendissimo
Patri
Caritativum
Subsidium
—
Registrum
Wottonian
.
ad
fin
.
And
so
the
Commons
granted
,
per
quandam
Indenturam
Sigillo
Prolocutoris
Sigillatam
.
,
if
to
the
Archbishop
;
just
as
the
Way
was
in
the
Grants
of
the
Commons
.
In
Matters
of
Jurisdiction
the
Upper
House
gave
Sentence
,
the
Lower
House
prosecuted
,
as
was
usual
in
Parliament
:
for
which
reason
the
Act
of
H.
8.
[
*
](A26154-e25600-b)
*
24
H.
8.
c.
12.
which
in
all
Causes
relating
to
the
King
or
his
Successors
,
allow'd
an
Appeal
to
Convocation
,
mention'd
the
Bishops
,
Abbats
and
Priors
of
the
Upper
House
only
,
because
They
only
were
Judges
.
But
over
their
Own
Members
both
Houses
of
Convocation
had
Power
,
in
like
manner
as
those
of
Parliament
;
which
they
exercis'd
,
either
joyntly
,
or
apart
;
by
Mulcts
[
(a)
](A26154-e25660-b)
(a)
See
an
Instance
An
1462.
in
Anth.
Harmar
.
p.
32.
,
and
Confinements
[
(b)
](A26154-e25700-b)
(b)
If
you
will
not
give
place
(
quoth
the
Prolocutor
to
Archdeacon
Philpot
;
being
Commission'd
,
I
suppose
,
so
to
speak
,
by
the
House
)
I
will
send
you
to
Prison
.
This
is
not
,
quoth
Philpot
,
according
to
your
Promise
▪
&c.
not
denying
the
House's
Power
,
but
the
Justice
only
of
exerting
it
in
his
Case
.
Fox
.
sometimes
:
but
chiefly
,
by
inflicting
Ecclesiastical
Censures
;
by
Excommunicating
[
(c)
](A26154-e25770-b)
(c)
See
Instance
of
Bishop
Cheyney
,
Excommunicated
for
departing
the
Convocation
without
Leave
.
Hist.
of
the
Troubl
.
and
Try.
of
Laud.
p.
82.
,
Suspending
[
(d)
](A26154-e25820-b)
(d)
See
Bancroft
'
s
Register
,
fol.
138
,
139.
for
an
Instance
of
a
Dean
,
an
Archdeacon
,
and
a
Proctor
suspended
,
for
deserting
the
Synod
—
Mandatis
nostris
licitis
vel
Prolocutoris
dictae
Convocationis
minimè
obtemperantes
,
—
As
the
Archbishop's
Sentence
of
Suspension
runs
.
,
Depriving
[
(e)
](A26154-e25880-b)
(e)
See
an
Instance
of
Bishop
Goodman
,
Sentenc'd
to
be
depriv'd
by
the
Convoc
.
of
1640.
for
refusing
to
subscribe
the
Canons
.
Heyl.
Life
of
Laud.
Pag.
446.
.
My
Lord
of
Sarum
has
suggested
[
*
](A26154-e25960-b)
*
Hist.
Ref.
Vol.
1.
p.
130.
another
Branch
of
this
Parallel
;
that
as
none
were
of
the
Lower
House
of
Parliament
,
but
such
as
came
thither
by
Election
,
and
all
that
had
Personal
Summons
,
sat
Above
;
so
the
Lower
House
of
Convocation
was
compos'd
of
those
who
were
deputed
thither
from
others
,
and
the
Upper
of
such
as
sat
in
their
own
Right
.
But
this
Conjecture
contradicting
not
only
the
Records
of
the
Convocations
in
Henry
the
Eighth's
Reign
(
to
which
my
Lord
applys
it
)
but
all
the
Elder
Accounts
of
our
Synods
in
the
Archbishop's
Registers
;
where
the
Deans
,
and
Archdeacons
are
said
always
,
as
now
,
to
sit
together
with
the
Proctors
of
the
Clergy
;
I
am
sorry
,
that
I
cannot
fall
in
with
it
:
the
rather
,
because
it
would
give
me
an
opportunity
of
adorning
these
Rude
Collections
with
something
drawn
from
his
Lordship's
Exacter
Works
,
and
of
making
him
my
Publick
Acknowledgments
for
it
.
His
Lordship
would
perhaps
have
omitted
this
Guess
,
had
he
consider'd
,
that
the
Provincial
Assemblies
of
the
Clergy
were
(
as
I
have
shewn
)
in
lieu
of
that
Parliamentary
Attendance
which
the
Crown
challeng'd
by
the
Premunientes
;
and
their
Session
therefore
in
Two
Houses
was
adapted
to
the
Parliamentary
Summons
:
so
that
between
Them
and
the
Laiety
the
Parallel
in
this
respect
ran
,
that
,
as
all
of
the
Laiety
who
were
Summon'd
singly
[
*
](A26154-e26050-b)
*
Singillatim
and
in
Generali
,
are
the
words
of
Art
us'd
to
distinguish
these
Two
sorts
of
Summons
in
K.
John
's
Charter
.
by
the
King
,
sat
in
Parliament
as
Peers
,
and
all
who
were
Summon'd
generally
by
the
Sheriff
,
as
Commoners
;
so
in
the
Convocation
,
all
of
the
Clergy
,
who
had
been
call'd
immediately
,
and
by
Name
to
Parliament
,
belong'd
to
the
Bishop's
house
;
but
such
as
were
us'd
to
be
cited
at
second
Hand
only
,
and
Mediante
Episcopo
(
as
Deans
,
Cathedral-Priors
[
†
](A26154-e26110-b)
†
These
for
a
long
time
after
the
Distinction
of
the
two
Houses
of
Convocation
,
sat
in
the
Lower
House
;
but
afterwards
with
the
other
Priors
and
Abbats
in
the
Upper
.
,
Archdeacons
,
and
the
Proctors
of
the
Clergy
)
sat
apart
by
themselves
.
That
which
led
his
Lordship
into
this
Opinion
was
it
seems
a
Passage
in
Ioscelin
[
*
](A26154-e26150-b)
*
Ad
Ann.
1532.
,
where
a
Question
[
†
](A26154-e26170-b)
†
About
the
Unlawfulness
of
the
King
's
first
Marriage
.
is
said
to
have
been
carried
for
the
Crown
by
216
in
the
Upper
House
;
(
i.
e.
by
the
whole
Upper
House
,
for
there
were
none
against
it
)
whereas
in
the
Lower
,
23.
only
were
present
,
and
but
14.
of
those
for
it
.
Which
Disparity
of
Numbers
his
Lordship
is
at
a
loss
how
to
account
for
otherwise
than
by
the
Supposition
laid
down
.
But
since
that
is
plainly
Erroneous
,
I
may
,
I
hope
,
without
Presumption
,
endeavour
to
solve
the
Difficulty
●nother
way
.
His
Lordship
knows
very
well
,
that
the
Bishops
with
those
Abbats
and
Priors
,
who
were
of
some
consideration
,
amounted
to
several
Hundreds
in
Number
;
out
of
which
there
is
no
doubt
but
216
might
be
got
to
do
the
King's
Business
;
especially
at
that
Critical
Juncture
,
when
the
General
Dissolution
of
Monasteries
was
threatned
,
and
already
in
part
begun
[
*
](A26154-e26200-b)
*
For
in
June
before
this
Convocation
sat
,
the
King
procur'd
a
Bull
from
the
Pope
to
suppress
several
.
Hist.
Ref.
1.
Vol.
p.
121.
and
the
Regulars
had
no
way
to
escape
the
Storm
which
they
saw
gathering
,
but
by
complying
with
the
King's
Demands
,
tho'
never
so
unreasonable
:
Whereas
the
Inferior
Seculars
having
no
such
Fears
,
and
lying
generally
out
of
the
Reach
either
of
the
Awe
or
Bribes
of
a
Court
,
were
as
backward
to
give
their
helping
hand
in
this
case
as
the
Religious
were
forward
;
and
but
14.
therefore
of
the
Lower
House
could
be
prevail'd
with
to
lend
the
King
a
Vote
.
This
perhaps
may
be
no
improbab●e
Solution
of
the
Difficulty
,
if
after
all
it
●e
not
a
Numeral
Mistake
of
the
Transcriber
,
or
Printer
;
such
as
I
find
sometimes
in
that
Work
(
I
mean
in
the
Hanover
Edition
of
it
,
which
alone
I
have
)
:
for
instance
,
the
C●nvocation
in
1536
,
is
said
to
meet
Nonis
Iulii
,
instead
of
Nono
[
die
]
Iulii
:
for
it
met
not
on
the
5
th
.
but
the
9
th
.
of
Iuly
,
as
the
Writ
still
extant
shews
.
But
enough
of
this
:
—
I
return
to
those
Marks
of
Resemblance
which
were
between
the
Parliament
and
Convocation
long
after
they
separated
;
and
by
which
,
as
by
some
common
Ensigns
of
Honour
,
the
One
of
these
may
be
plainly
discern'd
to
be
of
the
same
Family
and
Descent
,
as
it
were
,
with
the
Other
.
The
Instruments
impowering
the
Proctors
of
the
Clergy
to
act
for
the
several
Dioceses
were
drawn
up
,
I
have
said
,
in
the
same
Form
almost
with
those
for
the
Knights
of
Shires
.
I
add
,
that
they
had
equally
Wages
from
those
they
represented
:
and
those
Wages
were
laid
on
the
Diocese
with
the
same
Distinction
that
the
Others
were
on
the
County
;
all
such
as
came
Personally
to
Parliament
,
either
as
Councellors
,
or
Assistants
,
being
excus'd
from
contributing
to
em
:
not
to
descend
to
yet
minuter
Differences
,
which
were
still
on
both
sides
alike
observed
And
which
is
very
Material
,
the
Proctors
enjoying
these
Expences
,
are
in
the
Writs
and
Records
of
that
time
expresly
said
to
be
entitled
to
'em
,
on
the
account
of
their
Service
in
Parliament
:
tho'
,
strictly
speaking
,
they
sat
not
in
Parliament
;
but
only
,
as
they
do
now
;
in
a
Convocation
held
concurrently
with
it
.
Of
which
I
will
stop
to
give
the
Reader
here
two
very
significant
Instances
:
the
One
is
,
of
a
Discharge
which
the
Abbat
of
Leicester
obtain'd
from
Personal
Attendance
on
the
Parliament
,
on
condition
,
as
the
Patent
speaks
,
Quod
dictus
Abbas
&
successores
sui
in
Procuratores
ad
hujusmodi
Parliamenta
&
Concilia
per
Clerum
mittendos
consentiant
,
&
,
ut
moris
est
,
expensis
contribuant
eorundem
[
†
](A26154-e26360-b)
†
Pat.
26.
E.
3.
par.
1.
M.
22.
See
it
in
Selden's
Tit.
of
Hon.
par.
2.
c.
5.
p.
607.
.
The
other
is
,
of
a
Writ
in
Fitz-herbert
[
*
](A26154-e26390-b)
*
Nat.
Prev
.
§.
141.
,
forbidding
the
Archdeacon
to
compell
the
King's
Clerks
in
Chancery
attending
his
Parliaments
,
tho'
Benefic'd
in
the
Diocese
,
ad
contribuendum
ratione
beneficiorum
suorum
Expensis
Procuratorum
qui
ad
dictum
Parliamentum
pro
Clero
dictae
Dioeces
.
venerunt
,
seu
aliorum
Procuratorum
,
quos
ad
alia
Parliamenta
,
&c.
per
nos
nunc
tenenda
venire
continget
.
This
Writ
issu'd
by
Authority
of
Parliament
;
for
it
recites
an
Ordinance
,
made
to
this
purpose
in
a
Parliament
held
4
R.
2.
[
*
](A26154-e26440-b)
*
Not
4
E.
3.
as
the
Printed
Writ
in
Fitzh
.
implys
;
for
no
Parliament
met
at
Northampton
in
the
4
th
.
Year
of
his
Reign
.
and
is
founded
upon
it
.
And
that
the
Levy
of
these
Expences
continu'd
throughout
the
succeeding
Reigns
,
to
the
very
time
of
the
Reformation
,
I
have
seen
a
good
Proof
,
in
a
certain
Bishop's
Mandate
[
†
](A26154-e26520-b)
†
Anno
1543.
,
for
collecting
a
Peny
in
the
Pound
to
this
purpose
:
which
,
it
says
,
De
laudabili
legitiméque
praescriptâ
Consuetudine
—
in
qualibet
Convocatione
hujusmodi
contribui
solebat
,
&
solet
,
&
ex
aequitate
,
consideratis
praemissis
,
debet
.
How
long
afterwards
they
were
paid
,
or
when
first
discontinu'd
,
I
know
not
;
but
suppose
,
that
the
Disuse
of
them
,
as
to
the
Deputed
Clergy
,
might
come
on
by
much
the
same
steps
,
and
about
the
same
time
that
it
did
in
the
House
of
Commons
.
In
one
thing
however
the
Clergy
Delegates
differ'd
from
those
of
the
Laity
;
that
the
first
,
tho'
Proxys
themselves
,
could
,
upon
occasion
,
appoint
other
Proxys
in
their
stead
,
if
their
Instruments
ran
,
Cum
potestate
substituendi
alium
Procuratorem
,
as
they
often
anciently
did
[
*
](A26154-e26560-b)
*
And
sometimes
of
late
:
for
1
E.
6.
One
of
the
Proctors
for
the
Clergy
of
Hereford
appointed
Two
others
in
his
room
.
[
See
Synodalia
.
]
And
in
his
last
Year
the
Procuratorium
for
the
Dean
and
Chapter
of
Paul
's
had
that
Clause
in
it
:
for
so
it
stands
enter'd
in
Bishop
Ridley's
Register
.
Fol.
294.
.
Whereas
I
find
no
Instance
,
that
this
was
ever
practis'd
among
the
Commons
:
The
reason
of
which
I
conceive
to
be
,
that
the
Clergy
were
to
attend
the
Call
,
not
only
of
the
King
in
his
Parliaments
,
but
of
the
Pope
,
and
the
Archbishop
also
in
their
several
Synods
;
and
having
therefore
a
Greater
Burthen
in
this
respect
than
the
Laity
,
were
indulged
also
a
Greater
Liberty
.
Further
,
the
Members
of
Convocation
had
not
only
Parliamentary
Wages
,
but
Parliamentary
Priviledges
too
;
and
those
,
I
question
not
,
from
their
first
Separation
:
tho'
we
find
,
that
they
were
solemnly
setled
upon
them
,
long
afterward
,
in
the
8
H.
6.
But
that
Act
might
be
made
,
as
well
to
affirm
the
Old
Priviledges
,
which
,
after
the
Clergy
had
been
dismembred
so
long
,
might
begin
to
be
disputed
;
as
to
add
the
New
,
which
had
accru'd
,
since
the
Separation
:
and
withal
to
confer
them
both
,
not
only
on
Parliamentary
Convocations
,
but
on
Convocations
in
general
,
whenever
meeting
at
the
King's
Summons
.
Nor
was
the
Separation
so
compleat
,
but
that
the
Inferior
Clergy
joyn'd
Occasionally
with
the
Laity
,
and
attended
the
King
together
with
the
States
of
Parliament
;
either
at
the
first
Opening
,
or
Dissolution
of
it
,
or
at
other
solemn
times
,
when
the
King
came
to
the
House
of
Lords
,
and
something
was
to
be
done
en
plein
Parlement
,
i.
e.
in
a
Full
Assembly
of
the
Clergy
and
Laity
,
as
that
Expression
sometimes
in
the
Elder
Rolls
seems
to
imply
[
*
](A26154-e26710-b)
*
6
E.
3.
n.
9.
Something
is
said
to
be
agreed
,
per
touz
en
plein
Parlement
;
and
those
are
thus
reckoned
up
before
in
the
same
Number
,
—
Les
Prelats
,
Countes
,
Baronns
,
&
touz
les
autres
Somons
a
mesme
le
Parlement
:
which
includes
the
Inferior
Clergy
,
for
They
were
Summon'd
this
time
by
the
Premunientes
.
See
Dugd.
p.
●67
▪
.
That
they
appear'd
antiently
in
Parliament
,
the
first
day
of
its
Session
,
the
Roll
of
the
first
Parliament
held
6
E.
3.
is
a
clear
Proof
:
where
,
after
Sir
Ieffery
le
Scroop
,
had
in
the
King's
Presence
;
declard
the
Causes
of
calling
it
,
it
is
said
,
that
the
Bishops
,
and
Proctors
of
the
Clergy
,
went
apart
to
[
*
](A26154-e26830-b)
*
Si
alerent
mesmes
les
Prelatz
&
les
Procurators
de
la
Clergie
per
eux
mesmes
,
a
conseiler
de
choses
susdites
.
—
consult
by
themselves
.
That
they
came
thither
also
on
other
Solemn
Occasions
,
during
the
Session
,
the
following
Passage
implies
;
where
,
upon
the
King
's
declaring
the
Bishop
of
Norwich's
Pardon
from
the
Throne
,
it
is
said
,
that
the
Archbishop
,
with
his
Brethren
,
the
Abbats
,
and
Priors
,
and
the
Clergy
,
there
assembled
[
†
](A26154-e26870-b)
†
Ft
la
〈◊〉
illoneques
esteant●
—
(
Rot.
Parl.
2
H.
4.
n.
14.
)
By
which
,
whether
the
Convocation-Clergy
be
meant
,
cannot
,
I
think
,
well
bear
a
Doubt
;
it
being
very
improbable
,
that
those
few
Inferior
Clerks
,
who
were
of
the
King's
Counsel
,
or
otherwise
call'd
up
to
the
House
of
Lords
,
s●ould
be
only
intended
.
,
most
humbly
kneeling
,
thank'd
his
Majesty
for
his
Royal
Grace
and
Goodness
.
Which
I
mention
the
rather
,
because
the
Abridgement
of
the
Rolls
[
⸫
](A26154-e26930-b)
⸫
P.
405.
takes
no
notice
of
any
but
Bishops
,
on
this
occasion
.
But
these
are
rare
Instances
:
we
have
oftner
Accounts
of
the
Lower
House
of
Convocation
joyning
with
that
of
Parliament
,
(
not
indeed
in
one
Assembly
,
but
however
)
in
the
same
Parliamentary
Requests
;
and
there
are
many
Instances
,
by
which
it
appears
,
that
they
were
in
such
Requests
,
and
on
other
Occasions
,
still
reputed
,
and
call'd
a
part
of
the
Community
of
the
Realm
.
Witness
that
Petition
in
Parliament
to
Hen.
the
4
th
.
which
begins
,
The
Commons
of
your
Realm
,
as
well
Spiritual
as
Temporal
[
*
](A26154-e27020-b)
*
Supplien●
humblement
les
Communes
de
vostre
Roialme
,
si
bien
Espirituelz
come
Temporelz
.
Rot.
Parl.
7
,
&
8.
Hen.
4.
n.
128.
most
humbly
pray
.
And
here
agen
the
Abridgment
is
remarkably
silent
.
And
this
Style
I
can
trace
as
low
as
the
35
H.
8.
a
Proclamation
of
which
year
recites
,
that
,
The
Nobles
and
Commons
bothe
Spyrytuall
and
Temporall
assembled
in
our
Court
of
Parliamente
have
upon
Goode
Lawfull
and
Vertuous
Groundes
,
and
for
the
Publique
Weale
of
this
our
Realme
,
by
oone
hole
Assente
graunted
,
and
annexed
,
knytte
and
unyed
to
the
Crowne
Imperyall
of
the
same
the
Tytle
,
Dignitye
,
and
Style
of
Supreme
Heede
in
Erthe
ymmediatelye
under
Godd
of
the
Churche
of
England
.
The
Proclamation
is
in
Bonner's
Register
[
†
](A26154-e27150-b)
†
Fol.
42.
,
which
tho'
my
Lord
of
Sarum
perused
,
yet
,
it
seems
,
he
overlook'd
this
Paper
,
and
the
Passage
I
have
mention'd
from
it
:
I
must
believe
so
,
because
it
is
upon
so
Material
a
Point
,
and
express'd
in
so
Extraordinary
a
Manner
,
that
,
had
his
Lordship
observ'd
it
,
he
would
,
methinks
,
have
given
his
Readers
notice
of
it
.
Many
years
therefore
after
the
Clergy
had
submitted
,
they
are
,
by
their
Supreme
Head
himself
own'd
,
to
be
the
Commons
Spiritual
of
Parliament
.
And
when
therefore
in
the
O●d
Rolls
we
find
'em
not
expresly
mention'd
as
such
,
we
must
believe
,
that
they
lay
hid
often
under
the
General
Denomination
of
Commons
;
as
the
Case
plainly
was
in
the
Petition
just
now
produc'd
,
which
is
enter'd
in
the
Rolls
among
the
Petitions
of
the
Commons
,
tho'
the
Clergy
joyn'd
in
it
;
and
as
it
probably
was
in
that
mention'd
by
Mr.
Elsyng
(
pag.
275.
but
with
false
Numbers
)
where
the
Archbishops
,
Bishops
,
Earls
,
Barons
,
Et
autres
Gens
de
la
Cominaltie
d'Engleterre
,
pray
that
they
may
let
out
to
Farm
the
Wasts
of
Mannors
held
of
the
King
in
capite
,
without
his
License
,
—
which
being
the
Case
of
many
Inferior
Clergy-men
,
who
held
such
Mannors
of
the
Crown
,
it
is
to
be
suppos'd
that
they
also
joyn'd
in
the
Petition
,
and
are
under
the
[
Autres
Gens
de
la
Cominaltie
]
included
.
But
more
express
to
this
purpose
is
the
Statute
of
the
Clergy
,
18
E.
3.
which
recites
[
*
](A26154-e27310-b)
*
I
take
the
words
of
it
from
Rastal
,
with
the
more
assurance
,
because
Pryn
says
he
has
compar'd
the
Print
with
the
Record
,
and
that
they
agree
.
Abridg.
of
Rec.
p.
44.
,
That
the
Prelates
,
Great
Men
,
and
Commons
,
had
advis'd
and
aided
the
King
—
and
afterwards
—
the
Great
Men
aforesaid
grant
so
and
so
—
and
the
said
Prelates
and
Procurators
of
the
Clergy
grant
so
and
so
:
whereas
there
is
no
Previous
Mention
of
the
Procurators
of
the
Clergy
,
but
under
the
Title
of
Commons
.
To
these
many
other
Records
might
be
added
,
which
mention
the
Convocation-Clergy
as
of
the
Parliament
,
and
in
it
:
But
,
that
I
may
not
load
the
Reader
,
a
few
of
these
taken
from
the
Beginning
,
the
Middle
,
and
the
End
of
that
Period
,
we
are
considering
,
shall
suffice
.
The
rest
will
find
as
proper
a
place
in
another
part
of
these
Collections
:
and
thither
therefore
I
shall
refer
the
Reader
for
an
account
of
them
.
In
the
10
E.
3.
a
Writ
issu'd
to
the
Archbishop
of
York
,
reciting
,
that
the
Clergy
of
Canterbury-Province
had
given
the
King
a
Tenth
in
Parliamento
nostro
Westminster
,
and
exciting
Him
and
his
Clergy
to
follow
their
Example
[
†
](A26154-e27510-b)
†
Cl.
10
E.
3.
m.
36.
dors.
.
The
like
Recitals
are
to
be
met
with
often
in
latter
Writs
,
as
particularly
in
43
E.
3.
Cl.
m.
6.
Dors.
which
begins
,
Rex
Archᵒ.
Cant.
salutem
.
Qualiter
negotia
nostra
tam
Nos
&
Statum
Regni
nostri
quam
necessariam
defensionem
ejusdem
concernentia
ac
onera
nobis
per
hoc
incumbentia
Vobis
&
Aliis
in
ultimo
Parliamento
nostro
existentibus
plenius
exposuimus
vos
non
latet
.
Ad
quorum
onerum
supportationem
absque
adjutorio
fidelium
nostrorum
non
sufficimus
,
sicut
scitis
;
propter
quod
aliquod
subsidium
congruum
in
supportationem
tantorum
onerum
à
Vobis
&
Aliis
de
Clero
Dioeceseos
&
Provinciae
vestrarum
in
dicto
Parliamento
tunc
existentibus
nobis
concedi
petivimus
,
&c.
And
the
same
Passage
in
Terms
recurs
in
another
Letter
of
the
same
kind
to
the
Archbishop
two
years
afterwards
,
Cl.
45
E.
3.
m.
35.
Dors.
The
Great
Deed
of
Entail
in
the
8
Hen.
4.
by
which
the
Crown
was
setled
on
his
Heirs
male
,
and
which
was
witness'd
by
the
Great
Men
,
and
by
Sir
I.
Typtot
the
Speaker
,
in
behalf
of
the
whole
Body
of
the
Commons
,
recites
,
Quòd
in
Parliamento
nostro
apud
Westminster
,
7ᵒ.
Die
Iulii
Anno
Regni
nostri
7ᵒ.
per
nos
de
consensu
&
avisamento
omnium
Praelatorum
Magnatum
&
Procerum
ac
Cleri
&
Communitatis
regni
nostri
Angliae
fuerit
Statutum
&
Ordinatum
.
—
And
proceeds
to
make
void
what
had
been
so
ordain'd
in
these
Memorable
words
,
Nos
igitur
—
ad
instantem
Petitionem
eorundem
Praelatorum
Magnatum
Procerum
,
Cleri
&
Communitatis
supradictae
,
&
de
eorum
omnium
&
singulorum
Voluntate
&
Assensu
expressis
,
nec
non
nostrâ
&
praesentis
Parliamenti
nostri
auctoritate
Statutum
&
Ordinationem
praedictam
cassamus
&
adnullamus
—
Nec
non
ad
eorundem
Praelatorum
Magnatum
,
Procerum
,
Cleri
,
&
Communitatis
praedictae
Petitionem
&
Rogatum
,
ac
de
E●rum
Consensu
concordi
&
auctoritate
,
&c.
And
this
too
Pryn
has
abridg'd
[
*
](A26154-e27820-b)
*
See
Abr.
of
Records
,
p.
454.
in
his
way
,
without
taking
notice
of
these
Passages
,
which
are
so
Material
and
Instructive
.
The
Original
Record
with
all
its
appendant
Seals
intire
,
(
tho'
the
Deed
it self
be
cancel'd
)
is
preserv'd
still
in
the
Cottonian
Library
[
†
](A26154-e27850-b)
†
Inter
Chartas
in
Pyxide
Galba
.
;
and
affords
a
manifest
Proof
of
the
Interest
which
the
Convocation
Clergy
at
that
time
had
in
Parliament
:
for
it
would
be
ridiculous
to
imagin
that
by
Clergy
in
this
Instrument
,
thus
plac'd
between
the
Lords
and
Lay-Commons
,
any
other
than
the
Convocation-Clergy
are
intended
.
For
near
140
years
afterwards
,
the
Language
I
find
continu'd
the
same
in
the
Bishops
Mandates
to
their
Archdeacons
for
the
Collection
of
Subsidies
:
for
thus
speaks
one
of
Bonner's
[
⸫
](A26154-e27910-b)
⸫
In
Registro
.
,
Cum
Praelati
&
Clerus
Prov.
Cant.
in
Parliamento
hujus
regni
Angliae
nuperrimè
apud
Westminster
tento
,
&
celebrato
quoddam
Subsidium
sub
certis
modo
&
formâ
tunc
expressis
Illustrissimo
,
&c.
Ex
nonnullis
rationabilibus
causis
dederint
&
concesserint
,
&c.
Oct.
10.
1543.
And
if
I
should
beyond
all
this
affirm
,
that
the
Convocation
attended
the
Parliament
,
as
One
of
the
Three
States
of
the
Realm
,
I
should
say
no
more
than
the
Rolls
have
in
express
Terms
said
before
me
;
where
the
King
is
mention'd
as
calling
Tres
Status
Regni
ad
Palatium
suum
Westm.
viz.
Praelatos
&
Clerum
,
Nobiles
,
&
Magnates
,
nec
non
Communitates
dicti
regni
[
*
](A26154-e28040-b)
*
Rot
Parl.
9
H.
5.
n.
15.
.
And
when
more
than
Three
States
are
mention'd
(
as
in
the
Antient
Piece
of
the
Manner
of
Holding
Parliaments
)
the
Inferior
Clergy
is
still
reckon'd
as
one
of
them
.
Judge
Thirnyng
therefore
thus
addresses
himself
to
Richard
the
IId
,
at
his
Deposition
[
†
](A26154-e28110-b)
†
See
the
Roll
of
Parliam
.
Printed
at
the
End
of
X.
Script
.
p.
2760.
.
SIRE
It
is
wele
knowe
to
zowe
that
there
was
a
Parlement
Somond
of
all
the
States
of
the
Reaume
for
to
be
at
Westmynstre
,
&c.
bycause
of
the
whiche
Sommons
all
the
States
of
t●is
Lond
were
there
gadyr'd
,
the
whiche
States
hole
made
thes
same
persones
that
ben
comen
here
to
zowe
nowe
her
Procuratours
and
gafen
him
full
auctorite
and
Power
and
charged
him
for
to
say
the
wordes
that
we
shall
say
to
zowe
in
her
name
,
and
on
thair
behalve
;
that
is
to
wytten
the
Byshop
of
Seint
Assa
for
Ersbishoppes
and
Bishoppes
;
the
Abbot
of
Gla●●enbury
for
Abbots
and
Priours
,
and
all
other
Men
of
Holy
Chirche
,
Seculers
,
and
Rewelers
,
the
Erle
of
Gloucestre
for
Dukes
and
Erles
,
the
Lord
of
Berkeley
for
Barones
and
Banerettes
,
Sir
Thomas
Irpyngham
Chamberleyn
for
all
the
Bachilers
and
Commons
of
this
Lond
be
south
,
Sire
Thomas
Grey
for
all
the
Bachilers
and
Commons
by
North
,
and
my
Felawe
Iohn
Markham
and
Me
to
come
with
him
for
All
this
States
;
and
so
Sire
these
wordes
and
the
doying
that
we
sall
say
to
zowe
is
not
onlych
our
wordes
bot
the
wordes
and
doyings
of
all
the
States
of
this
Lond
,
&c.
I
desire
not
to
be
misunderstood
in
the
Recital
of
these
Testimonies
:
I
have
no
other
Aim
in
'em
than
barely
to
shew
,
that
the
Inferior
Clergy
,
tho'
meeting
and
consulting
apart
from
the
Parliament
,
yet
were
still
reckon'd
to
belong
to
it
,
and
to
be
(
in
some
sense
,
and
to
some
Purposes
)
a
Member
of
it
;
and
together
with
the
Prelates
of
the
Upper
House
to
compose
(
not
indeed
one
of
the
Three
Estates
of
Parliament
,
but
however
)
an
Estate
of
the
Realm
,
assembling
joyntly
with
the
Parliament
,
and
oblig'd
by
the
Rules
of
our
Constitution
to
attend
always
upon
it
.
If
my
Proofs
may
be
allow'd
to
reach
thus
far
,
(
and
I
have
no
manner
of
Mistrust
but
that
they
will
)
I
give
up
willingly
whatever
beyond
this
they
may
seem
to
imply
;
which
neither
my
Argument
,
nor
my
Inclination
any
ways
leads
me
to
maintain
.
It
is
so
far
from
being
in
my
Intention
,
that
it
is
not
in
my
Wishes
,
to
set
up
a
Plea
for
any
of
those
Old
Priviledges
and
Preheminences
of
the
Clergy
,
which
are
long
since
Dead
,
and
Buried
;
and
which
,
I
think
,
ought
never
to
be
reviv'd
,
even
for
the
sake
o●
the
Clergy
themselves
,
who
have
thriven
best
always
under
a
Competency
of
Power
,
and
Moderate
Pretences
.
The
Present
Rights
they
stand
plainly
possess'd
of
by
Law
,
are
sufficient
to
render
them
useful
Members
of
the
Common-wealth
,
within
their
Proper
Spheres
,
and
that
these
Rights
may
be
well
understood
,
and
secur'd
,
is
the
great
and
only
design
of
these
Papers
.
To
that
end
I
have
vouch'd
the
Precedent
Passages
from
the
Records
of
Parliament
and
Convocation
:
not
to
set
up
any
vain
Pretence
,
to
the
utmost
of
that
Parliamentary
Interest
,
which
the
Clergy
sometime
had
;
but
to
secure
only
what
remains
of
it
to
them
,
by
shewing
,
that
their
Separation
from
Parliament
,
did
not
cut
them
off
from
all
manner
of
Relation
to
it
;
but
that
still
,
after
that
,
their
Convocations
,
though
held
at
a
distance
from
the
Parliament
,
were
,
in
their
own
nature
,
as
well
as
in
the
Acceptance
of
the
Crown
,
and
in
the
Eye
of
the
Law
,
Parliamentary
Assemblies
.
These
Parliamentary
Meetings
of
the
Clergy
were
at
first
Congregationes
,
or
Convocationes
Cleri
;
but
not
therefore
Concilia
Provincialia
:
Which
were
Extraordinary
Assemblies
for
Church
Business
only
;
for
the
restoring
laps'd
Discipline
,
and
reforming
Ecclesiastical
Abuses
:
whereas
the
Others
were
originally
held
for
Civil
Purposes
alone
,
and
the
Common
Affairs
of
the
State
.
And
when
Archbishop
Stratford
therefore
called
a
Council
of
his
Province
[
*
](A26154-e28260-b)
*
By
a
Writ
dated
10
Kal.
Aug.
1341.
which
begins
thus
—
Quamvis
sit
Sacris
Canonibus
Constitutum
quod
Metropolitani
,
Archiepiscopi
,
&
Primates
annis
singulis
Legitimo
Impedimento
cessante
,
pro
Excessibus
corrigendis
,
&
Moribus
reformandis
,
debeant
Provinciale
Concilium
celebrare
.
,
the
Preamble
of
his
Letters
Summonitory
owns
,
both
the
Obligation
he
was
under
by
the
Canons
of
Assembling
them
Yearly
,
and
his
having
omitted
to
do
it
for
Eight
Years
last
past
;
though
,
doubtless
,
he
had
often
in
that
time
Convened
the
Clergy
of
his
Province
to
Parliament
.
However
this
Distinction
held
not
very
long
;
the
Business
of
Provincial
Councils
being
in
tract
of
time
done
in
the
ordinary
Congregations
of
the
Clergy
;
and
these
and
those
being
promiscuously
stiled
Convocations
:
Till
at
last
Provincial
Councils
,
properly
so
called
,
ceased
altogether
;
and
Parliamentary
Convocations
came
into
their
room
:
The
Frequency
and
fix'd
Certainty
of
which
,
gave
the
Clergy
a
Regular
Opportunity
of
doing
all
that
for
which
the
other
Synods
did
but
occasionally
serve
.
And
when
Warham
therefore
in
1509.
did
by
his
Own
Authority
call
a
Synod
for
the
Redress
of
Abuses
,
and
Reformation
of
Manners
,
his
Mandate
warn'd
it
to
meet
a
few
days
after
the
Parliament
[
*
](A26154-e28330-b)
*
Parliament
Met
,
Jan.
21.
Convocation
,
Jan.
26.
See
Mandate
in
Bishop
Burnet
's
Collection
of
Records
,
Vol.
I.
p.
6.
,
and
stiled
it
,
not
a
Provincial
Council
,
but
a
Convocation
of
the
Clergy
:
And
this
Word
therefore
afterwards
in
the
Submission-Act
(
as
I
understand
it
)
was
applied
strictly
to
signify
,
the
Clergy's
Parliamentary
Meetings
:
For
otherwise
,
it
could
with
no
colour
of
Truth
have
been
affirmed
,
as
it
is
,
there
,
That
the
Convocation
had
always
been
Assembled
by
the
King
's
Writ
;
unless
both
the
Submitters
and
Enacters
had
by
the
Word
Convocation
understood
the
Consults
of
the
Clergy
in
time
of
Parliament
:
which
,
in
some
sense
,
were
held
always
by
the
King
's
Writ
,
that
is
,
by
the
Premunitory
Clause
in
the
Bishops
Summons
:
and
,
let
me
add
,
are
so
held
still
;
as
good
Lawyers
own
[
†
](A26154-e28430-b)
†
Bagshaw
in
his
Argument
about
the
Canons
.
,
and
Bishop
Ravis
,
in
his
Paper
of
Reasons
to
Queen
Elizabeth
[
‖
](A26154-e28470-b)
‖
§
5.
,
affirms
;
and
the
whole
Lower
House
did
to
the
same
Queen
upon
occasion
solemnly
declare
,
Witness
their
Remonstrance
in
1558
;
to
justify
the
Freedom
of
which
,
they
in
the
Preamble
of
it
suggest
the
several
Authorities
by
which
they
Assemble
.
The
Instrument
is
Printed
in
Fuller
[
⸪
](A26154-e28490-b)
⸪
Ch.
Hist.
IX
Book
.
p.
55.
,
but
with
the
Omission
of
some
words
,
which
in
that
part
of
it
,
which
we
have
occasion
to
mention
may
be
thus
supplied
,
—
Nos
Cantuariens
.
Provinciae
Inferior
[
&
]
Secundarius
Clerus
in
ano
(
Deo
sic
disponente
,
ac
Serenissimae
Dominae
nostrae
Reginae
[
Iussu
]
Decani
&
Capituli
Cantuariensis
Mandato
,
Brevi
Parliamenti
,
ac
Monitione
Ecclesiasticâ
sic
exigente
)
convenientes
,
partium
nostrarum
esse
existimavimus
,
&c.
And
this
Opinion
also
that
Parliament
was
of
,
which
Voted
the
Canons
of
1640.
Illegal
,
chiefly
on
this
head
,
because
they
were
made
in
an
Assembly
,
which
,
though
it
met
by
the
Parliament
Writ
,
yet
Sate
and
Acted
after
the
Parliament
was
determined
.
Nor
were
they
contradicted
in
it
by
the
Famous
Judgment
given
under
the
Hands
of
his
Majesty's
Counsel
,
and
other
Honourable
Persons
Learned
in
the
Law
,
if
the
Words
of
that
Judgment
be
well
considered
,
which
are
these
;
The
Convocation
being
called
by
the
King
's
Writ
under
the
Great
Seal
,
doth
continue
,
until
it
be
dissolved
by
Writ
,
or
Commission
under
the
Great
Seal
,
notwithstanding
the
Parliament
be
dissolved
.
(
Troub
.
Try
.
Laud.
p.
80.
)
Which
is
all
very
true
;
and
yet
it
may
be
true
too
,
that
such
a
Writ
,
or
Commission
ought
of
course
,
to
issue
from
the
Crown
,
upon
the
Dissolution
of
the
Parliament
.
But
this
Point
is
not
touch'd
upon
in
the
Judgement
given
,
and
seems
to
have
been
purposely
declined
:
For
otherwise
,
it
had
been
a
clearer
and
fuller
Determination
of
the
Matter
in
Question
,
if
they
had
said
,
That
the
King
might
by
his
Prerogative
keep
a
Convocation
sitting
as
long
as
he
pleased
,
notwithstanding
the
Dissolution
of
that
Parliament
,
with
which
it
was
called
.
I
will
not
say
,
That
the
Parliament
of
1660.
were
certainly
of
the
same
mind
,
though
it
is
probable
they
were
;
and
that
this
was
One
,
if
not
the
Chief
Reason
,
why
in
the
Act
[
*
](A26154-e28590-b)
*
13
Car.
II.
c.
12.
Restoring
Ecclesiastical
Jurisdiction
they
so
particularly
,
and
by
Name
,
excepted
those
Canons
from
a
Parliamentary
Confirmation
.
However
that
may
be
,
sure
we
are
,
That
the
Convocation
of
the
Clergy
have
(
as
has
been
said
already
)
for
above
150
Years
in
every
Instance
(
except
that
of
Forty
,
and
the
Synods
Legatin
)
Met
and
Rose
within
a
day
of
the
Parliament
.
And
if
Custom
therefore
be
the
Law
of
Convocations
,
as
it
is
of
Parliaments
(
and
we
have
Dr.
Wake
's
Word
for
it
,
that
it
is
[
†
](A26154-e28660-b)
†
Pp.
105
,
●98
.
)
then
is
it
Law
,
that
the
Convocation
should
meet
Only
,
and
Always
in
time
of
Parliament
.
The
Learned
Mr.
Cambden
knew
no
better
,
whose
Words
are
,
Synodus
quae
Convocatio
Cleri
dicitur
,
&
semper
simul
cum
Parliamento
habetur
[
‖
](A26154-e28720-b)
‖
Britannia
in
Cap.
de
Tribunalibus
.
.
Thus
stood
Britannia
Then
;
though
a
late
Paultry
Compiler
of
the
New
State
of
England
will
have
it
,
that
it
is
an
Assembly
which
now
and
then
Meets
,
and
that
in
time
of
Parliament
[
*
](A26154-e28780-b)
*
Miege
's
New
State
of
England
.
Part.
III.
p.
64.
:
Thanks
to
Dr.
Wake
for
furnishing
him
with
the
occasion
for
such
a
Definition
!
which
I
trust
however
that
the
Doctor
and
all
his
Friends
,
shall
not
,
in
the
Event
,
be
able
to
prove
a
True
One
;
not
even
by
that
only
Argument
which
can
ever
possibly
prove
it
so
,
Future
practice
.
The
very
Warrant
to
the
Keeper
of
the
Great
Seal
for
issuing
out
Writs
for
a
Parliament
,
is
a
standing
Testimony
against
these
new
Notions
:
It
ran
thus
in
Iames
the
First
's
time
,
and
I
suppose
,
runs
so
still
:
Whereas
we
are
resolved
to
have
a
Parliament
at
,
&c.
These
are
to
Will
and
Require
you
forthwith
upon
Receipt
hereof
,
to
Issue
forth
our
Writs
of
Summons
to
all
the
Peers
of
our
Kingdom
;
and
also
all
other
Usual
Writs
for
the
Electing
of
such
Knights
,
Citizens
,
and
Burg●sses
,
as
are
to
Serve
therein
;
and
withall
to
Issue
out
all
Usual
Writs
for
the
Summoning
of
the
Clergy
of
both
Provinces
in
their
Houses
of
Convocation
.
And
this
shall
be
your
Warrant
so
to
do
[
*
](A26154-e28950-b)
*
H●c●er's
Life
of
Bishop
Williams
,
p.
173.
.
So
that
the
Writs
for
the
Convocation
are
,
it
seems
,
as
Usual
as
those
for
the
Commons
;
and
the
One
Assembly
therefore
is
as
Customary
as
the
Other
.
My
Lord
of
Sarum
seems
to
have
had
no
other
thoughts
,
where
,
in
the
Entrance
of
his
History
of
our
Reformed
Synods
,
(
for
such
every
History
of
our
Reformation
is
,
or
should
be
)
he
lays
it
down
,
That
with
the
Writs
for
a
Parliament
there
went
out
always
a
Summons
to
the
Two
Archbishops
for
calling
a
Convocation
of
their
Provinces
[
†
](A26154-e29060-b)
†
Hist.
Ref.
I.
Vol.
p.
20.
:
Always
,
i
,
e.
long
before
the
times
of
H.
VIII
.
of
which
his
Lordship
is
Writing
.
I
doubt
not
but
his
Lordship's
Meaning
then
was
,
That
these
Writs
went
out
to
Purpose
,
and
had
their
due
and
full
Effect
:
for
the
Distinction
,
which
some
State-Logicians
since
have
Coin'd
[
‖
](A26154-e29120-b)
‖
Dr.
W.
p.
106
,
107
,
14●
,
141.
,
between
a
Right
of
being
Summoned
,
and
a
Right
of
M●●●ing
in
Virtue
of
that
Summons
,
was
not
then
Invented
.
But
I
presume
too
far
in
venturing
to
guess
at
his
Lordship's
Thoughts
,
when
his
Words
are
such
as
may
indifferently
serve
either
Hypothesis
,
and
can
therefore
,
I
must
confess
,
be
a
good
Authority
for
neither
.
Let
us
have
Recourse
therefore
to
Those
who
are
more
determined
in
their
Expressions
.
Archbishop
Cranmer
in
that
Speech
by
which
he
opened
the
first
Convocation
under
E.
6.
affirms
it
to
be
[
*
](A26154-e29210-b)
*
MS.
Acta
Synodi
incoeptae
,
Nov.
5.
An.
1547.
,
De
more
regni
Angliae
,
primo
quoque
anno
regni
cujuslibet
Regis
citare
Parliamentum
,
nec
non
&
Convocare
Synodum
Episcoporum
&
Cleri
;
sicque
fieri
in
praesenti
de
Mandato
Regis
.
He
speaks
of
a
Custom
only
in
the
First
Year
of
every
Reign
,
because
That
was
the
Present
Case
:
whereas
Cardinal
Pool
at
a
Synod
held
in
the
latter
end
of
Queen
Mary
,
enlarges
the
Assertion
,
and
says
,
[
†
](A26154-e29280-b)
†
Act.
MS.
Syn.
coeptae
,
Ian.
21.
1557.
Quòd
cum
de
antiquo
more
Rex
Angliae
ob
aliquot
arduas
Causas
Praelatos
hujus
Regni
ad
Concilium
sive
Parliamentum
suum
adesse
jubet
propter
Regis
Securitatem
&
Regni
Statum
—
Concilia
&
Auxilia
sua
imp●nsuros
:
Ita
Archiepiscopus
Cantuariensis
Episcopos
suos
Suffraganeos
,
Praelatos
,
&c.
ad
Sacrum
Concilium
evocare
assolet
,
de
iisdem
Causis
tractaturos
,
&
auxilia
sua
consimili
modo
daturos
.
And
to
the
same
purpose
the
Good
Martyr
,
Archdeacon
Philpott
,
a
Member
of
Convocation
,
and
well
skill'd
in
the
Rights
of
it
:
He
,
in
his
Supplication
to
the
King
,
Queen
,
and
Parliament
,
complains
,
That
where
there
was
by
the
Queen's
Highness
a
Parliament
called
,
and
after
the
Old
Custom
a
Convocation
of
the
Clergy
[
‖
](A26154-e29380-b)
‖
Fox
.
Vol.
III.
p.
587.
.
Nor
did
those
Lords
of
the
Council
,
who
disputed
other
Points
with
him
,
deny
this
;
but
agreed
in
Terms
,
That
the
Convocation-House
was
called
by
One
Writ
of
Summons
of
the
Parliament
,
of
an
Old
[
⸪
](A26154-e29430-b)
⸪
Ibid.
p.
552.
Custom
.
I
lay
no
great
weight
upon
their
Opinion
,
because
it
was
casually
given
,
and
by
Persons
,
who
,
though
of
the
King
's
Privy
Council
,
yet
might
,
perhaps
,
be
as
Ill
inform'd
of
these
Matters
as
Meaner
Men
:
For
a
Seat
at
that
Honourable
Board
does
not
necessarily
imply
a
thorough
knowledge
of
this
part
of
our
Constitution
.
I
mention
their
Opinion
,
only
to
meet
with
Dr.
Wake
,
who
has
produced
it
on
the
other
side
with
as
much
Gravity
and
Deference
,
as
if
it
were
a
Resolution
of
the
Twelve
Judges
Assembled
[
*
](A26154-e29490-b)
*
P.
251.
.
He
had
been
Reading
,
I
suppose
,
in
that
Notable
Book
of
the
Law
,
The
Attorney's
Academy
,
where
he
found
it
thus
formally
vouch'd
[
†
](A26154-e29510-b)
†
P.
221.
:
And
he
thought
he
might
safely
Write
after
so
Worthy
a
Pattern
.
To
make
amends
for
this
slight
Authority
,
I
shall
produce
another
of
somewhat
more
force
;
even
the
Judgment
of
a
whole
Synod
in
Queen
Mary's
time
,
who
introduce
their
Petition
about
the
Confirmation
of
Abby
Lands
to
the
Patentees
,
with
this
Preamble
;
[
‖
](A26154-e29540-b)
‖
1.2
.
P.
&
M.
c.
8.
Nos
Episcopi
&
Clerus
Cant.
Prov.
in
hâc
Synodo
,
more
nostro
solito
,
dum
Regni
Parliamentum
celebratur
,
congregati
—
Where
we
see
they
lay
claim
to
an
Old
Immemorial
Custom
,
not
only
of
being
Called
,
by
the
King
's
Writ
,
together
with
every
Parliament
,
but
of
Meeting
also
upon
that
Call
,
by
the
same
Custom
.
For
unluckily
it
happens
(
to
spoil
Dr.
Wake
's
New
Scheme
)
that
they
place
the
Usage
,
in
their
being
more
solito
Congregati
;
not
Convocati
,
or
Summoniti
;
as
the
Word
should
have
been
,
to
make
Their
Assertion
consistent
with
His.
But
alas
!
they
knew
nothing
of
this
new
Doctrine
,
and
their
Expressions
therefore
are
not
so
contrived
as
to
favour
it
.
They
were
then
Assembled
in
a
Synod
,
and
Acting
as
a
Synod
,
when
they
drew
up
this
Petition
▪
And
't
is
of
a
Custom
therefore
of
so
Assembling
and
Acting
that
they
speak
;
and
not
of
being
only
Summoned
.
Nor
was
this
the
Sense
of
the
Clergy
alone
,
but
of
an
Whole
Parliament
too
,
which
recited
this
Petition
Verbatim
in
a
Statute
;
and
by
that
means
set
their
Seal
,
as
it
were
,
to
the
Truth
of
the
Suggestion
contained
in
it
.
It
would
be
needless
after
this
to
argue
from
the
Old
Parliamentary
Practice
of
appointing
Convocation-days
[
*
](A26154-e29740-b)
*
Elsyng
.
p.
112.
upon
which
the
Temporal
Lords
Adjourned
,
that
the
Parliament-Prelates
might
be
at
Liberty
to
Consult
with
the
Inferior
Clergy
:
Of
this
Custom
we
have
an
Account
,
as
high
as
the
first
Years
of
H.
VIII
.
i.
e.
as
high
as
we
have
any
Iournals
of
Parliament
.
To
as
little
purpose
would
it
be
to
urge
the
Decision
of
the
Committee
of
Both
Houses
,
21
H.
VIII
.
[
†
](A26154-e29810-b)
†
Moor.
Rep.
p.
781.
;
and
of
the
House
of
Commons
,
10.
Mariae
[
‖
](A26154-e29840-b)
‖
Hist.
Ref.
II.
Vol.
p.
252
,
3.
;
that
a
Clergyman
could
not
be
Chosen
into
that
House
,
[
*
](A26154-e29870-b)
*
They
determined
also
,
That
a
Layman
could
not
be
of
the
Convocation
:
But
in
That
,
Practice
is
against
them
.
For
the
Chancellor
of
York
,
though
a
Layman
,
is
Now
,
and
has
been
long
,
a
Member
of
that
Convocation
:
And
whether
Lamb
and
Heath
(
who
are
Mentioned
as
of
the
Convocation
in
1640.
)
were
not
Mere
Civilians
,
I
leave
to
be
consider'd
.
Heyl.
Life
of
Laud.
p.
438.
Because
he
was
Represented
in
another
House
:
Which
implies
,
I
think
,
that
that
other
House
was
to
sit
concurrently
with
the
Parliament
;
or
else
I
see
not
what
force
there
is
in
the
Reason
given
.
Much
less
will
it
,
perhaps
,
after
what
I
have
said
,
be
thought
Material
to
observe
,
that
24
H.
VIII
.
c.
12.
in
Matters
touching
the
Crown
allows
an
Appeal
within
Fifteen
days
,
to
the
Upper
House
of
Convocation
,
then
being
,
or
next
insuing
:
which
supposes
this
Assembly
to
Meet
often
,
and
to
have
its
Regular
and
Stated
Returns
;
as
the
Parliament
has
.
These
,
though
good
Presumptions
of
the
Truth
I
contend
for
,
yet
arise
not
up
to
the
fulness
of
several
of
those
Proofs
which
I
have
before
suggested
:
And
because
they
may
admit
a
Cavil
therefore
,
I
hint
them
only
,
without
dwelling
upon
them
.
The
Evidence
already
given
is
sufficient
to
clear
the
Practice
,
as
it
stood
150
Years
ago
,
and
had
then
stood
,
Time
out
of
mind
.
And
that
it
has
not
altered
since
,
is
too
well
known
to
need
a
Proof
:
There
being
no
Instance
to
be
given
,
I
believe
,
from
the
time
of
the
Reformation
down
to
that
of
our
late
Revolution
,
wherein
a
New
Parliament
has
sate
,
for
any
time
,
without
a
Convocation
to
attend
it
:
Nor
any
one
Author
of
Note
,
I
verily
think
,
to
be
produced
,
throughout
that
Period
,
who
has
given
it
as
his
Opinion
,
that
the
Former
of
these
Meetings
might
by
the
Law
of
the
Realm
be
held
without
the
Latter
.
Dr.
Wake
is
for
ought
I
can
find
,
the
very
first
Writer
that
has
ever
Taught
this
Doctrine
;
with
how
much
Truth
or
Probability
,
the
Reader
by
this
time
begins
to
judge
,
and
will
,
in
the
Course
of
these
Papers
more
clearly
see
:
Wherein
I
hope
to
set
the
Clergy's
Right
to
such
Concurrent
Meetings
in
so
full
and
clear
a
Light
,
that
as
no
One
ever
denied
it
before
Dr.
Wake
,
so
neither
shall
any
Man
of
tolerable
Skill
,
or
Honesty
ever
Dispute
it
after
him
.
I
have
been
large
upon
this
Head
,
and
I
fear
,
by
reason
of
the
variety
of
the
Matter
,
somewhat
confus'd
:
It
may
be
proper
therefore
,
here
at
the
close
of
it
,
to
recollect
the
several
Branches
of
the
Proof
there
advanc'd
:
They
stand
in
this
Order
.
That
,
as
far
back
as
we
have
any
Memoirs
of
the
Civil
or
Ecclesiastical
Affairs
of
this
Kingdom
,
it
appears
that
the
Clergy
and
Laity
Met
together
in
the
great
Councils
of
the
Realm
:
That
this
they
did
,
in
the
Saxon
times
,
and
for
some
Reigns
after
the
Conquest
,
Nationally
;
joining
closely
with
the
Laity
in
Civil
Debates
,
and
taking
Their
Sanction
along
with
them
in
all
Ecclesiastical
Acts
and
Ordinances
:
That
they
divided
afterwards
from
the
Laity
,
and
from
one
another
;
and
attended
the
Parliament
not
in
One
Body
,
but
in
Two
Provincial
Synods
,
held
under
their
several
Archbishops
:
That
,
though
it
does
not
clearly
appear
,
when
this
Practice
first
had
its
Rise
,
yet
sure
we
are
,
that
it
is
between
4
and
500
years
old
,
and
has
for
so
long
at
least
,
regularly
obtain'd
;
excepting
only
the
Interruption
that
was
given
to
it
by
the
Premunitory
Clause
,
inserted
into
the
Bishops
Writs
;
which
once
again
warn'd
,
and
brought
the
Clergy
Nationally
to
Parliament
:
That
a
strict
Compliance
with
this
Clause
was
at
first
exacted
by
the
Crown
,
and
paid
by
the
Clergy
;
but
that
they
soon
found
ways
of
being
released
from
the
Rigor
of
it
,
and
prevail'd
upon
the
King
to
accept
of
their
former
manner
of
Assembling
with
the
Parliament
in
Two
Provincial
Synods
,
in
lieu
of
that
Closer
Attendance
which
the
Premunientes
challenged
;
the
Forms
however
being
still
kept
up
,
by
which
the
King
's
Right
of
Summoning
them
immediately
to
Parliament
was
declar'd
all
along
,
and
their
Obligation
to
obey
his
Summons
in
the
way
it
prescribed
,
was
duly
acknowledged
:
That
these
Provincial
Assemblies
,
though
held
apart
from
the
Parliament
,
yet
belong'd
to
it
;
Met
by
the
Parliamentary
,
no
less
than
the
Provincial
Writ
;
and
were
State-Meetings
,
as
well
as
Church-Synods
:
In
them
Parliamentary
Matters
were
Transacted
,
and
Parliamentary
Forms
and
Methods
observed
;
the
Members
of
them
were
Entitled
to
Parliamentary
Wages
,
and
enjoyed
Parliamentary
Priviledges
:
That
the
Inferior
Clergy
,
though
divided
in
Place
from
the
Lower
Laity
,
yet
join'd
with
them
often
in
the
same
Acts
and
Petitions
,
and
were
still
esteem'd
and
called
the
Commons
Spiritual
of
the
Realm
;
and
what
They
and
the
Prelates
in
Convocation
did
,
was
long
after
the
Separation
spoken
of
in
our
Records
,
as
done
in
Parliament
:
That
these
Parliamentary
Conventions
of
the
Clergy
were
held
at
first
near
the
time
at
which
the
Laity
met
;
afterwards
with
a
Latitude
:
But
that
This
Irregularity
was
Reformed
before
the
Reformation
of
Religion
;
and
their
Meeting
and
Departing
fixed
,
within
a
Day
of
the
Assembling
and
Dismission
of
the
Parliament
;
and
that
this
Custom
has
now
for
above
an
Age
and
Half
continued
:
That
for
so
long
therefore
(
not
to
say
how
much
longer
)
the
Convocation
has
been
a
word
of
Art
,
which
signifies
a
Meeting
of
the
Clergy
in
time
of
Parliament
:
That
such
Meetings
have
by
All
that
understood
our
Constitution
been
held
Necessary
;
Dr.
Wake
being
the
First
Writer
,
that
has
ever
asserted
them
to
be
Precarious
,
and
put
it
in
the
Prince's
,
or
the
Archbishop's
Power
,
whether
they
will
have
such
Assemblies
,
or
no.
The
Result
of
All
is
This
,
That
,
if
some
Hundred
Years
Custom
can
make
a
Law
,
then
may
we
,
without
Offence
,
affirm
it
to
be
Law
,
that
the
Convocation
should
Sit
with
every
New
Parliament
:
If
the
True
Notion
of
a
Convocation
be
,
That
it
is
an
Assembly
of
the
Clergy
always
attending
the
Parliament
,
then
is
it
no
Presumption
to
say
,
That
we
have
the
same
Law
for
the
Sitting
of
a
Convocation
,
as
we
have
for
that
of
a
Parliament
.
And
by
this
Law
the
Clergy
(
as
was
said
before
in
relation
to
the
Canons
of
the
Church
)
are
not
only
under
a
Duty
to
attend
,
but
have
also
a
Right
to
meet
;
so
that
,
as
their
Writs
for
Assembling
concurrently
with
a
Parliament
,
are
not
mere
Letters
of
Grace
and
Compliment
,
but
to
be
emitted
ex
debito
Iustitiae
,
and
whether
the
Government
has
any
thing
to
propose
to
them
or
no
;
so
likewise
are
their
Assemblies
at
such
times
to
be
held
by
the
same
Law
,
notwithstanding
it
may
be
pretended
that
there
is
no
Occasion
for
them
.
For
although
their
Consent
may
not
be
necessary
,
nor
their
Advice
seem
wanting
;
yet
,
as
they
are
bound
to
wait
,
if
Either
shall
be
ask'd
;
So
may
the
Clergy
themselves
have
some
Informations
and
Remembrances
to
offer
,
and
some
Petitions
to
make
concerning
such
things
,
as
they
may
be
supposed
to
take
more
particular
notice
of
,
or
wherein
they
may
be
more
peculiarly
concern'd
.
And
this
Liberty
and
Opportunity
of
representing
what
they
may
think
necessary
,
is
to
be
esteemed
by
them
as
their
great
Parliamentary
Priviledge
;
not
to
be
Wav'd
,
like
the
Others
,
for
the
better
course
of
common
Justice
;
but
to
be
Asserted
and
Confirmed
for
the
Good
of
the
whole
Kingdom
.
Such
a
Liberty
therefore
and
Opportunity
is
not
only
provided
for
by
Canons
,
but
secur'd
,
I
say
,
by
the
Law
:
Both
by
the
Law
of
Custom
,
which
is
the
Law
of
Parliaments
;
and
by
Express
Statute
:
an
Act
of
Edward
the
Third
appointing
a
Parliament
,
and
consequently
[
*
](A26154-e30310-b)
*
Thus
the
Answerer
of
the
Nine
Reasons
of
the
House
of
Commons
against
Bishops
Votes
in
Parliament
Argued
;
alledging
,
That
the
Bishops
were
by
the
Triennial
Act
obliged
necessarily
to
attend
the
Convocation
once
in
Three
Years
:
And
the
Examination
of
that
Answer
(
40.
1641.
)
Printed
by
Order
of
a
Committee
of
the
House
,
grants
the
Allegation
.
p.
16
,
17.
a
Convocation
to
be
held
just
within
the
Canonical
distance
,
Yearly
;
and
the
present
Law
enjoyning
,
That
it
shall
be
frequently
held
,
and
once
at
least
in
Three
Years
:
Held
,
I
say
,
and
not
only
Called
;
for
that
is
the
Right
we
speak
of
:
A
Right
,
that
has
been
all
along
own'd
by
constant
Practice
;
or
,
if
perchance
not
exercised
at
some
Particular
time
,
through
Forgetfulness
,
or
Distraction
(
to
allow
the
utmost
,
and
more
perhaps
,
than
can
be
proved
)
;
yet
never
Purposely
,
and
,
if
I
may
so
speak
,
Regularly
Neglected
till
Now.
CHAP.
III.
HItherto
we
have
considered
only
the
First
of
the
Two
Points
proposed
,
the
Clergy's
Right
of
Meeting
and
Sitting
in
Convocation
,
as
often
as
a
New
Parliament
Sits
:
We
will
now
address
our Selves
to
the
Second
,
which
asserts
their
Right
(
when
Met
)
of
Treating
and
Deliberating
about
such
Affairs
as
lie
within
their
proper
Sphere
,
and
of
coming
to
fit
Resolutions
upon
them
,
without
being
necessitated
antecedently
to
qualify
themselves
for
such
Acts
and
Debates
by
a
License
under
the
Broad
Seal
of
England
.
That
this
is
the
Original
Right
of
all
Provincial
Synods
,
incident
to
their
nature
,
as
such
,
claim'd
and
practised
by
them
in
all
Ages
of
the
Church
,
and
in
all
Christian
Countries
,
and
in
our
own
particularly
,
from
the
time
that
we
have
any
account
of
our
Synods
,
till
towards
the
beginning
of
the
Reformation
,
is
so
certain
,
as
to
need
no
Proof
;
and
Dr.
Wake
therefore
is
never
more
like
himself
(
that
is
,
never
more
Absurd
)
than
when
he
would
insinuate
the
contrary
[
*
](A26154-e30450-b)
*
P.
48
,
288.
.
The
only
Question
is
,
how
far
the
Statute
25
H.
VIII
.
has
restrained
this
Right
,
and
made
a
License
from
the
Crown
necessary
?
It
being
there
Enacted
,
That
the
Clergy
,
ne
any
of
them
should
from
thenceforth
presume
to
attempt
alledge
,
claim
,
or
put
in
ure
any
Constitutions
,
or
Ordinances
,
Provincial
or
Synodal
,
or
any
other
Canons
;
nor
should
Enact
,
Promulge
,
or
Execute
any
such
Canons
,
Constitutions
,
or
Ordinances
Provincial
,
by
what
Name
or
Names
they
may
be
called
,
in
their
Convocations
in
times
coming
;
unless
the
same
Clergy
may
have
the
King
's
most
Royal
Assent
and
License
to
Make
,
Promulge
,
and
Execute
the
same
.
Now
that
the
Clergy
are
not
by
this
Clause
ty'd
up
altogether
from
acting
Synodically
,
is
allowed
generally
by
Those
who
desire
most
to
abridge
their
Powers
.
It
cannot
with
any
shew
of
Reason
be
pretended
,
that
the
Convocation
,
however
under
a
Restraint
by
this
Act
,
is
become
such
a
Lifeless
Body
,
as
to
have
neither
Sense
nor
Motion
,
till
Animated
by
a
second
Royal
Command
:
Unquestionably
,
and
according
to
common
Opinion
and
Practice
,
they
have
,
even
since
this
Statute
,
in
vertue
of
the
Writ
by
which
they
Meet
,
a
Liberty
of
Addressing
,
as
they
shall
see
cause
either
with
Thanks
,
or
Requests
,
or
other
proper
Representations
—
But
it
is
presum'd
also
,
that
they
may
go
a
great
deal
further
,
and
that
there
is
nothing
in
the
Clause
recited
which
hinders
them
even
from
Devising
and
Framing
the
Draught
of
a
Canon
;
so
it
be
done
only
in
a
Preparatory
Way
,
and
with
Submission
to
the
Royal
Enacting
Authority
.
This
is
what
has
been
laid
down
in
a
late
Treatise
[
*
](A26154-e30510-b)
*
Letter
to
a
Convocation-Man
.
,
briefly
indeed
,
but
convincingly
;
and
with
so
much
force
of
Reason
,
as
yet
has
received
no
Reply
:
The
Answerers
of
that
Piece
having
slid
over
this
part
of
it
,
where
the
Act
is
Explained
,
with
a
Seeming
Neglect
,
but
with
a
Real
Distrust
of
their
being
able
to
say
any
thing
to
the
purpose
against
what
is
there
advanc'd
.
When
they
come
to
this
Point
,
as
important
as
it
is
,
they
dispatch
it
always
in
hast
:
Even
Dr.
Wake
can
allow
it
but
a
flight
mention
or
two
,
in
a
Work
,
where
he
finds
room
amply
enough
to
discuss
every
thing
that
is
not
Material
.
But
he
did
well
to
tread
lightly
over
the
Ground
,
which
,
if
he
had
stood
never
so
little
upon
it
,
would
have
gone
near
to
have
sunk
under
him
.
To
make
this
Point
yet
more
manifest
,
and
not
to
leave
the
least
pretence
for
a
Cavil
,
I
shall
here
resume
the
Proof
of
it
;
bespeaking
the
Candor
of
those
Gentlemen
,
whose
studies
particularly
lie
this
way
,
if
,
(
as
the
general
Fate
is
of
those
that
Write
out
of
their
Profession
,
)
I
express
my self
now
and
then
a
little
improperly
.
So
the
Thing
I
aim
at
be
but
clearly
made
out
,
though
my
Manner
of
doing
it
be
not
strictly
according
to
Art
,
it
will
not
concern
me
.
I
shall
consider
first
the
Occasion
of
the
Act
,
and
then
the
Act
it self
;
and
by
a
short
account
of
the
One
lead
the
Reader
into
the
true
Sense
and
Meaning
of
the
Other
.
Henry
the
VIIIth
enraged
both
at
the
Pope
and
Cardinal
Wolsey
for
their
Delusions
in
the
Affair
of
the
Divorce
,
resolved
with
the
Ruin
of
the
Cardinal
to
lessen
the
Papal
Authority
.
And
for
the
better
effecting
this
Design
,
which
could
not
well
be
accomplished
,
without
striking
a
Terror
into
Those
who
were
then
but
too
much
the
Pope's
Vassals
,
the
Clergy
;
especially
the
Monks
and
Friars
;
he
involved
them
All
in
a
Premunire
for
submitting
to
Wolsey's
Legatine
Character
,
unauthorised
by
the
Crown
;
not
for
Procuring
,
or
making
Use
of
Provisional
Bulls
,
as
Dr.
Wake
,
in
his
usual
Kindness
to
the
Memory
of
the
Clergy
,
and
according
to
his
deep
Skill
in
English
History
has
represented
it
[
*
](A26154-e30640-b)
*
P.
248.
:
Nor
yet
merely
for
Appearing
and
Making
Suit
in
his
Courts
,
as
a
Greater
Author
[
†
](A26154-e30650-b)
†
Bishop
Burnet
's
Hist.
of
Ref.
Vol.
I.
p.
106.
,
(
but
in
this
Conjecture
no
less
Unhappy
)
than
He
,
seems
to
take
it
;
for
then
All
the
Clergy
could
not
have
been
concluded
under
the
Penalty
,
for
All
had
not
Su'd
there
.
But
that
which
made
the
whole
Body
at
once
Obnoxious
was
,
their
obeying
his
Mandates
[
†
](A26154-e30690-b)
†
Rigida
enim
Provisionum
Jura
(
says
Josceline
upon
this
occasion
)
non
modò
eos
puniunt
qui
Romanas
Legationes
sine
Regis
Licentia
suscipiunt
,
sed
qui
iis
parent
.
Ant.
Brit.
Eccles.
in
Warhamo
.
p.
325.
,
and
appearing
in
his
Synods
Legantine
;
which
the
Clergy
had
often
,
and
lately
[
(*)
](A26154-e30750-b)
(*)
An.
1527.
done
.
The
Cardinal
had
been
a
Favourite
beyond
Example
;
the
Sole
,
and
Uncontroul'd
Minister
of
his
Prince
:
He
was
at
that
time
Lord
Chancellor
by
the
King's
Commission
,
and
had
been
made
Legat
with
his
Privity
,
and
at
his
Special
Instance
,
as
Bishop
Gardiner
informs
us
[
(†)
](A26154-e30820-b)
(†)
In
a
Letter
to
the
Protectour
.
Fox
Vol.
II.
p.
2.
col
.
1.
.
What
he
did
in
one
Capacity
,
as
well
as
in
the
other
,
was
presum'd
to
be
done
by
the
King
's
Appointment
;
and
whoever
had
opposed
him
,
had
certainly
been
crush'd
by
the
Royal
Power
.
The
Subject
neither
durst
,
nor
thought
it
necessary
to
enquire
,
whether
He
had
a
License
from
the
Great
Seal
,
who
had
himself
the
keeping
it
.
However
their
Obedience
to
his
Unlicens'd
Authority
was
Criminal
even
to
the
Loss
of
Liberty
and
Estate
:
And
could
they
in
any
case
have
vouch'd
the
King's
Command
for
their
Obeying
it
,
the
Command
would
have
been
said
to
have
been
against
Law
,
and
no
Warrant
.
Thus
both
the
Clergy
and
Laity
were
unawares
at
the
King's
Mercy
,
and
the
Clergy
not
admitted
to
pardon
Gratis
(
as
the
Laity
afterwards
were
)
;
but
forc'd
to
ransome
themselves
by
a
good
Round
Sum
[
*
](A26154-e30850-b)
*
100000
l.
for
the
Province
of
Canterbury
,
and
18840
l.
10
d.
for
that
of
York
;
which
was
laid
,
as
all
other
Convocation-Grants
were
,
proportionably
on
the
whole
Clergy
;
as
appears
from
the
Assessments
to
be
seen
still
in
the
Bishops
Registers
;
particularly
in
that
of
Hereford
,
An.
1531.
And
I
wonder
therefore
that
my
Lord
of
Sarum
should
say
,
That
he
had
not
been
able
to
discover
whether
the
Inferior
Clergy
paid
their
Proportion
of
this
Tax
,
or
not
(
Vol.
I.
p.
115.
)
and
agen
,
That
the
Prelates
had
a
great
Mind
to
draw
'em
in
to
bare
a
share
of
the
Burthen
,
Ib.
p.
114.
[
He
speaks
of
the
Time
,
after
the
Convocation
which
made
the
Grant
,
was
up
.
]
For
this
was
both
Needless
and
Impracticable
:
Needless
,
because
the
Lower
Clergy
had
already
drawn
themselves
in
,
by
consenting
to
the
Grant
in
Convocation
;
and
Impracticable
,
because
if
they
had
not
,
there
was
no
way
left
of
drawing
'em
in
afterwards
.
for
those
times
,
and
by
an
Acknowledgment
in
Convocation
,
that
the
King
was
Supreme
Head
,
together
with
the
Submission
,
and
Petition
recited
in
the
Preamble
of
the
Act
we
are
discoursing
of
.
There
the
Clergy
first
knowledge
[
and
the
Parliament
add
,
according
to
the
Truth
]
that
the
Convocation
is
,
always
hath
been
,
and
ought
to
be
Assembled
by
the
King
's
Writ
.
Which
Acknowledgment
however
is
not
according
to
Truth
,
unless
understood
of
Parliamentary
Convocations
;
that
is
,
of
those
which
were
summoned
as
well
by
the
Praemunientes
,
as
by
the
Archbishop's
Mandate
:
And
to
Those
therefore
it
must
be
restrain'd
.
And
they
had
reason
to
Own
and
Avow
this
particularly
,
because
the
Cardinal
had
taken
upon
him
to
Convene
Legantine
Synods
by
his
own
Authority
frequently
during
his
Ministry
;
and
particularly
Once
,
(
not
long
before
his
Fall
,
and
the
Time
of
this
Submission
)
on
Nov.
27.
1527.
[
*
](A26154-e31140-b)
*
As
I
gather
from
a
Printed
Sermon
of
Longland
's
said
to
be
Preached
on
that
Day
and
Year
,
Coram
Celeberrimo
Conventu
tùm
Archiepiscoporum
cùm
Episcoporum
caeteraeque
multitudinis
in
Occidentalis
Coenobii
Sanctuario
juxta
Londinum
.
Though
this
Title
,
I
confess
,
is
somewhat
Dubious
.
:
And
that
Practice
of
his
therefore
might
be
oppos'd
by
this
Declaration
which
prefaces
the
Submission
.
In
the
Submission
,
which
follows
,
the
Clergy
promise
in
Verbo
Sacerdotii
,
that
they
will
never
from
henceforth
presume
to
Attempt
,
Alledge
,
Claim
,
or
put
in
Ure
;
Or
Enact
,
Promulge
,
or
Execute
any
New
Canons
,
Constitutions
,
Ordinance
Provincial
,
or
other
,
or
by
whatsoever
other
name
they
shall
be
called
in
the
Convocation
;
unless
the
King
's
most
Royal
Assent
and
License
may
to
them
be
had
to
Make
,
Promulge
,
and
Execute
the
same
:
And
that
his
Majesty
do
give
his
most
Royal
Assent
and
Authority
in
that
behalf
.
Now
here
are
Two
several
Things
distinctly
promised
in
Two
Different
Branches
of
the
same
Sentence
,
divided
from
Each
other
by
the
Particle
,
Or
;
They
will
not
Attempt
,
Alledge
,
Claim
,
or
put
in
Ure
,
that
is
one
part
of
their
promise
;
Or
Enact
,
Promulge
,
or
Execute
,
that
is
another
.
The
First
of
these
respects
Canons
,
as
already
made
(
whether
by
a
Foreign
,
or
Domestick
Authority
)
;
the
Second
,
as
to
be
made
,
here
at
Home
:
The
Former
part
of
their
Assurance
is
given
in
their
Private
and
Ministerial
Capacity
,
in
relation
to
the
Proceedings
in
the
Spiritual
Courts
;
the
Latter
in
their
Publick
and
Legislative
Capacity
,
as
they
were
Members
of
Convocation
.
In
their
Private
Capacity
,
as
they
might
be
either
Judges
,
or
Litigants
,
they
promise
,
not
to
Attempt
,
Alledge
,
Claim
,
or
put
in
Ure
[
i.
e.
not
to
be
any
ways
Instrumental
in
acknowledging
,
or
promoting
the
force
of
]
any
Canons
made
without
the
Royal
Assent
;
such
as
the
whole
Text
of
the
Foreign
Canon
Law
,
and
all
our
Own
Provincial
and
Legantine
Constitutions
were
:
In
their
Publick
Capacity
,
they
promise
further
,
not
to
Enact
,
Promulge
,
or
Execute
any
such
Canons
for
the
Future
,
unless
they
may
have
the
same
Royal
License
for
it
.
But
here
is
no
promise
couch'd
in
any
of
these
words
,
that
they
will
not
debate
about
the
matter
,
or
form
the
Draught
of
a
Canon
,
without
such
a
License
:
None
of
the
Words
(
Enact
,
Promulge
,
or
Execute
]
which
alone
relate
to
their
Proceedings
in
Convocation
,
including
any
such
Promise
;
and
the
only
word
which
can
be
pretended
to
imply
it
,
the
word
[
Attempt
]
being
determinnd
by
its
Situation
to
signify
much
the
same
thing
as
Alledge
,
Claim
,
or
put
in
Ure
;
and
restraining
the
Persons
promising
only
as
they
might
Act
in
their
Private
or
Ministerial
Capacity
,
that
is
,
out
of
Convocation
.
To
Attempt
a
Canon
therefore
must
signify
to
put
it
upon
tryal
,
or
prove
the
force
of
it
;
and
is
a
word
of
Art
borrowed
from
the
Civilians
:
However
we
need
not
go
so
far
for
an
account
of
it
;
the
very
Act
we
are
upon
affording
us
an
undeniable
Instance
of
its
being
thus
used
:
as
will
appear
,
if
we
consider
the
Petition
of
the
Clergy
which
follows
this
Promise
,
and
the
Enacting
Words
in
the
Body
of
the
Statute
,
which
answer
to
that
Petition
.
The
Petition
relates
altogether
to
Canons
already
made
,
many
of
which
were
solely
from
the
Pope
,
and
many
more
from
the
Archbishop
,
without
the
Royal
Assent
;
and
the
Clergy
pray
therefore
that
These
may
be
Reviewed
,
and
their
Authority
Suspended
,
during
that
Review
.
Accordingly
the
Authority
of
all
the
Old
Canons
was
suspended
;
or
rather
Abrogated
by
this
Act
,
as
appears
plainly
from
the
Proviso
[
*
](A26154-e31590-b)
*
Which
Dr.
Wake
in
his
pretended
Recital
of
the
Act
,
[
N.
4.
of
his
Appendix
]
has
suppressed
,
very
disingenuously
;
considering
of
how
great
Significancy
this
Proviso
is
,
to
lead
us
into
the
true
Sense
of
the
Word
Attempt
in
the
Body
of
the
Act.
,
at
the
End
of
it
,
for
their
being
in
force
,
till
such
a
Review
,
and
from
the
Express
words
of
a
Later
Act
,
37
H.
8.
c.
17.
[
†
](A26154-e31680-b)
†
Which
says
,
That
All
the
Decrees
,
Ordinances
,
and
Constitutions
[
of
the
whole
Canon
Law
]
by
a
Statute
made
in
the
25
th
of
your
most
noble
Reign
be
utterly
abolish'd
,
frustrate
,
and
of
none
effect
.
:
And
this
Abrogation
of
the
Old
Canons
was
performed
purely
by
those
Words
in
the
Enacting
part
of
the
Statute
,
that
they
shall
not
from
henceforth
Attempt
,
Alledge
,
Claim
,
or
put
in
Ure
:
All
which
words
therefore
the
Parliament
used
Evidently
of
Canons
already
made
;
and
must
,
for
that
reason
,
have
understood
the
word
Attempt
,
in
the
very
sense
that
I
have
given
it
,
for
putting
a
thing
upon
Tryal
,
or
proving
the
force
of
it
.
No
Restraint
therefore
is
laid
upon
the
Clergy
in
their
Legislative
Capacity
,
by
the
word
,
Attempt
in
their
Promise
:
How
far
the
following
Words
of
it
,
[
that
they
will
not
Enact
,
Promulge
,
or
Execute
any
new
Canons
—
unless
the
King
's
most
Royal
Assent
and
License
may
to
them
be
had
to
Make
,
Promulge
,
and
Execute
the
same
]
may
be
supposed
to
restrain
them
in
that
respect
,
is
to
be
the
subject
of
our
next
Enquiry
.
The
word
,
Make
,
here
in
the
Condition
of
the
Promise
must
have
the
same
Sense
as
the
word
Enact
in
the
Promise
it self
,
to
which
it
plainly
answers
and
refers
:
They
will
not
Enact
,
Promulge
,
or
Execute
any
New
Canons
;
unless
they
may
have
the
King's
Assent
to
Make
[
i.
e.
to
Enact
]
Promulge
,
and
Execute
the
same
.
This
is
what
the
Phrase
it self
in
Propriety
of
Speech
implies
:
For
to
Make
a
Canon
,
is
the
same
as
,
Canonem
Condere
,
to
constitute
it
,
and
give
it
force
:
And
so
,
Testamentum
Condere
,
[
to
make
a
Will
]
signifies
not
merely
to
prepare
the
Draught
of
it
;
but
to
make
it
with
the
Legal
Forms
,
and
Circumstances
requisite
;
that
is
,
to
Sign
,
Seal
,
and
Publish
it
.
But
(
which
puts
this
matter
quite
out
of
dispute
)
the
Word
is
in
this
very
sense
employed
in
Two
several
places
of
the
Act
it self
,
and
can
there
be
strain'd
to
no
other
:
For
in
the
Entrance
of
the
second
Clause
there
is
mention
of
such
Canons
,
Constitutions
,
Ordinances
as
heretofore
have
been
made
by
the
Clergy
of
this
Realm
;
and
in
the
Last
Proviso
,
of
Canons
already
made
,
which
be
not
contrariant
to
the
Laws
.
Canons
heretofore
made
,
and
Canons
already
made
,
must
,
I
think
,
be
such
,
as
have
been
solemnly
passed
and
Enacted
,
and
not
mere
Draughts
of
'em
,
lying
ready
to
be
pass'd
:
And
to
make
a
Canon
therefore
,
does
,
in
the
sense
of
the
Statute
,
signify
to
Enact
it
,
and
not
merely
to
draw
it
up
,
and
to
form
it
.
And
this
Way
of
Explaining
the
Act
by
it self
,
in
the
Use
of
the
Present
Phrase
,
is
,
I
conceive
,
much
more
Authentick
and
Proper
,
than
that
which
the
Author
of
a
Letter
to
a
Member
of
Parliament
[
*
](A26154-e32100-b)
*
P.
26.
makes
use
of
,
who
wisely
sends
us
to
Tully
,
and
to
Mr.
Hooker
for
an
account
of
it
.
Were
not
this
Gentleman
of
the
Law
driven
to
very
hard
shifts
,
he
would
never
go
to
a
Classick
Author
,
or
a
Book
of
Divinity
for
the
Sense
of
an
Act
of
Parliament
.
To
clear
this
Point
yet
further
(
if
there
were
any
Room
for
it
,
or
any
Need
of
it
)
I
might
appeal
to
the
several
Forms
of
Submission
which
preceded
this
,
that
the
Act
recites
,
and
were
agreed
to
by
the
Clergy
,
but
not
accepted
by
the
King
;
Copies
of
which
,
written
in
the
very
Hand
of
the
time
,
are
still
preserved
:
And
in
every
One
of
them
,
but
the
First
,
their
Promise
stands
formally
divided
,
in
the
same
manner
as
I
also
have
distinguished
it
,
into
Two
several
Branches
or
Articles
;
that
had
been
(
as
they
there
speak
)
already
made
,
the
Other
to
such
as
were
to
be
made
hereafter
.
And
of
these
last
much
the
same
words
are
there
used
,
as
in
the
Form
recited
by
the
Statute
;
They
promising
,
That
they
will
from
thenceforth
forbear
to
Enact
,
Promulge
,
or
put
in
Execution
,
any
such
Constitution
or
Ordinance
,
to
be
by
them
made
in
time
coming
,
unless
his
Highness
by
his
Royal
Assent
shall
License
them
to
Make
,
Promulge
,
and
Execute
such
Constitutions
;
and
the
same
so
made
shall
approve
by
his
Highnesses
Authority
.
But
as
to
the
Former
Article
about
Canons
already
made
,
none
of
their
first
Submissions
were
,
it
seems
,
thought
full
enough
;
and
they
were
obliged
therefore
to
draw
up
a
New
one
,
wherein
they
promised
not
to
Attempt
,
Alledge
,
Claim
,
on
put
in
Ure
the
Ecclesiastical
Laws
then
in
force
;
but
so
long
only
,
as
till
the
King
,
by
his
Commissioners
,
should
have
reviewed
,
digested
,
approved
,
and
Authorised
them
.
It
has
happened
odly
enough
,
that
Those
Forms
of
Submission
,
that
were
not
accepted
,
are
still
in
being
;
whereas
That
which
past
,
has
,
for
ought
I
can
find
,
perish'd
[
*
](A26154-e32220-b)
*
Unless
preserv'd
in
my
Lord
Longvil
's
Library
,
in
the
Printed
Catalogue
of
which
I
find
this
Title
,
Instrumentum
super
Submissione
Cleri
coràm
Domino
Rege
quoad
celebrationem
Conciliorum
Provincialium
.
Vol.
XII
.
f.
63.
&
Lib.
XXV
.
f.
141.
But
I
have
not
had
the
Opportunity
of
examining
this
Paper
.
:
For
the
Recital
of
it
in
the
Act
of
Parliament
is
not
(
as
I
conceive
)
.
Literal
,
but
Imperfect
,
and
somewhat
Confused
;
mixing
together
all
those
Terms
,
which
the
Clergy
us'd
in
relation
either
to
Canons
made
,
or
to
be
made
;
and
which
,
in
all
their
other
Forms
of
Submission
,
stand
apart
,
and
in
Distinct
Clauses
:
for
it
is
not
conceivable
,
that
their
Last
Form
of
Submission
,
in
which
they
were
call'd
upon
to
explain
themselves
yet
further
than
they
had
done
,
should
be
less
Methodical
and
Distinct
[
†
](A26154-e32300-b)
†
Archbishop
Laud
says
(
out
of
the
MSS
Acts
)
that
it
was
divided
into
Three
Articles
,
which
were
Proposed
and
Voted
severally
,
(
Try
▪
and
Troub
.
p.
82.
)
And
if
so
,
the
Recital
of
the
Submission
in
that
Act
cannot
be
Literal
:
For
there
is
no
Distinction
of
Articles
in
it
.
than
any
of
the
Former
.
The
Words
then
of
the
Clergy's
Submission
,
which
are
in
the
Preamble
of
the
Act
,
and
have
hitherto
been
the
Subject
of
our
enquiry
,
plainly
amount
to
no
more
than
this
;
Either
,
(
10
)
that
they
will
not
,
as
Private
Persons
look
upon
,
or
make
Use
of
any
Canons
as
obliging
,
but
such
only
as
,
upon
a
Review
,
shall
have
the
stamp
of
Royal
Authority
given
to
them
:
Or
(
2dly
)
that
in
their
Publick
Capacity
,
they
will
not
Enact
or
Publish
any
such
Canons
for
the
future
,
without
the
same
Royal
Assent
and
Approbation
.
And
that
this
was
all
their
Promise
meant
,
is
no
new
Opinion
,
but
the
sense
of
Archbishop
Parker
,
who
understood
these
things
as
well
as
any
Man
:
He
in
Antiqu.
Eccles.
Britann
.
(
A
Book
compos'd
under
his
Direction
)
gives
this
account
of
it
,
Totus
in
Synodo
Clerus
in
Verbo
Sacerdotii
fidem
dedit
,
ne
●llas
deinceps
in
Synodo
ferrent
Ecclesiasticas
Leges
,
nisi
&
Synodus
Authoritate
Regid
Congregat●
,
&
Constitutiones
in
Synodo
Publicatae
eâdem
Authoritate
Ratae
essent
[
*
](A26154-e32450-b)
*
P.
326.
.
And
in
this
Exposition
he
is
constant
;
for
agen
in
another
place
he
thus
expresses
himself
,
Postquam
Clerus
in
Verbo
Sacerdotii
Henrico
Regi
promifissent
,
fi●e
Authoritate
Regid
in
Synodo
se
nihil
Decreturos
[
†
](A26154-e32470-b)
†
P.
339.
.
With
this
agrees
my
Lord
Herbert's
Abstract
of
the
Submission
,
by
which
,
he
says
,
they
promis'd
his
Majesty
,
that
they
would
not
Make
or
Alledge
any
New
Canons
,
without
his
Highness's
Assent
,
and
License
[
*
](A26154-e32520-b)
*
Life
of
H.
8.
p.
399.
.
And
agen
,
more
clearly
,
they
promis'd
for
the
future
to
make
no
Constitution
,
nor
execute
any
without
the
King's
Leave
[
†
](A26154-e32570-b)
†
Ibid.
p.
349.
.
i.
e.
to
make
no
New
ones
,
and
to
Execute
,
or
Alledge
,
neither
New
nor
Old
ones
.
To
the
same
Purpose
,
my
Lord
of
Sarum
;
They
promis'd
in
Verbo
Sacerdotii
,
that
they
would
never
Make
nor
Execute
any
New
Canons
or
Constitutions
,
without
the
Royal
Assent
to
them
[
⸫
](A26154-e32660-b)
⸫
Vol.
1.
p.
147.
;
and
before
this
,
p.
113.
of
the
same
Volume
,
They
promised
for
the
future
not
to
Make
nor
Execute
any
Constitution
without
the
King's
License
.
None
of
these
Writers
,
it
is
clear
,
thought
the
Clergy
restrain'd
by
their
Submission
from
any
Debates
,
or
Resolutions
,
which
were
previous
to
the
Establishing
a
Canon
;
for
otherwise
they
would
not
,
in
their
accounts
of
it
,
have
omitted
this
Particular
,
which
was
above
all
others
to
be
taken
notice
of
:
And
none
of
'em
therefore
,
we
may
be
sure
,
took
the
work
Make
in
any
other
sense
than
to
Enact
;
or
thought
the
word
Attempt
applicable
to
any
but
the
Old
Unauthoriz'd
Canons
.
And
the
Judgment
of
these
Persons
is
the
more
to
be
depended
on
,
because
the
First
of
'em
liv'd
at
the
time
of
the
Submission
▪
and
must
be
well
acquainted
with
the
sense
then
given
of
it
;
the
Second
was
a
Lay-man
,
and
one
who
was
thought
to
have
but
little
regard
for
the
Priesthood
;
and
the
Third
,
tho'
of
the
Clergy
,
yet
is
observ'd
throughout
his
Works
,
where-ever
the
Interest
of
the
Order
is
concern'd
,
to
be
under
no
degree
of
Partiality
towards
them
.
More
Authorities
of
this
kind
might
be
given
,
if
either
these
were
not
sufficient
,
or
the
stress
of
the
Point
lay
upon
the
way
of
wording
the
Submission
;
which
it
does
not
,
but
on
the
Terms
us'd
in
that
part
of
the
Statute
,
where
the
Submission
is
Enacted
;
and
this
we
now
come
to
consider
.
For
after
the
Submission
and
Petition
of
the
Clergy
are
thus
recited
in
the
Statute
,
it
proceeds
to
Enact
,
that
They
,
ne
any
of
them
from
henceforth
shall
presume
to
attempt
,
alledge
,
claim
,
or
put
in
Ure
any
Constitutions
,
or
Ordinances
Provincial
,
or
Synodals
,
or
any
other
Canons
:
Nor
shall
Enact
,
Promulge
,
or
Execute
any
such
Canons
,
Constitutions
,
or
Ordinances
Provincial
,
by
whatsoever
name
or
names
they
may
be
call'd
in
their
Convocations
in
Times
coming
,
unless
they
may
have
the
King
's
most
Royal
Assent
and
License
to
Make
,
Promulge
,
and
Execute
the
same
.
Now
whatever
Ambiguity
there
may
seem
to
be
in
the
words
Attempt
,
and
Make
,
as
they
lye
in
the
Recital
of
the
Submission
,
yet
here
in
the
Body
of
the
Statute
it self
it
is
perfectly
clear'd
.
For
1.
The
words
[
Attempt
,
Alledge
,
Claim
,
and
put
in
Ure
]
are
here
manifestly
divided
from
those
[
Enact
,
Promulge
and
Execute
]
and
make
a
Distinct
Member
of
the
Period
,
having
Substantives
of
their
own
,
[
Constitutions
,
Ordinances
,
&c.
]
which
they
govern
,
and
in
which
their
signification
is
determin'd
.
2.
These
words
are
plainly
us'd
to
Enact
the
Petition
of
the
Clergy
,
which
prays
a
Suspension
of
the
Force
of
the
Old
Canons
;
and
by
these
words
,
and
these
alone
(
as
I
have
shewn
)
the
force
of
those
Canons
is
suspended
:
and
therefore
to
attempt
,
as
well
as
to
alledge
,
claim
,
and
put
in
ure
must
be
understood
of
Canons
,
as
already
made
;
and
not
of
Canons
,
as
[
in
fieri
,
or
]
making
.
And
if
so
,
then
3.
The
Exception
afterwards
made
,
[
Unless
the
said
Clergy
may
have
the
King
's
most
Royal
Assent
and
License
to
Make
,
Promulge
,
and
Execute
]
can
no
ways
refer
to
their
Attempting
,
Alledging
,
Claiming
,
or
putting
in
Ure
:
for
a
License
to
be
had
in
order
to
make
Canons
,
cannot
possibly
affect
words
that
are
us'd
only
of
Canons
already
made
.
And
therefore
,
4.
That
Exception
belongs
purely
to
the
words
immediately
foregoing
,
by
which
they
are
forbid
to
Enact
,
Promulge
,
or
Execute
:
Two
of
the
words
of
this
Prohibition
[
Promulge
,
and
Execute
]
being
repeated
in
the
Exception
annex'd
;
and
the
Third
[
Enact
]
being
express'd
by
Make
,
a
word
of
the
same
force
and
value
.
Whatever
sense
then
the
Submission
(
made
in
those
difficult
Times
,
and
under
so
great
a
Terror
[
*
](A26154-e33100-b)
*
The
Gentleman
that
publish'd
,
Some
Thoughts
on
a
Convocation
,
insults
the
Learned
Mr.
Hill
on
this
head
,
who
had
represented
the
Convocation
which
submitted
,
as
then
under
the
Las●
of
a
Premunire
.
But
this
(
says
he
)
is
a
Great
Blunder
;
for
the
Premunire
was
off
at
least
three
years
before
,
and
releas'd
by
Act
of
Parliament
in
the
22
H.
8.
the
Convocation-Act
being
not
till
the
25th
.
(
p.
8.
)
It
seems
,
this
Gentleman
knows
not
(
what
one
would
have
thought
every
body
knew
)
that
the
Clergy
made
their
Submission
s●●e
years
before
it
was
Enacted
by
Parliament
,
and
that
Then
the
Premunire
hung
over
them
:
yet
,
as
unacquainted
as
he
is
with
things
of
this
nature
,
ventures
at
Randome
to
bestow
his
Rude
Language
on
the
suppos'd
Mistake
of
another
Man
.
Under
so
great
a
Degree
of
Ignorance
,
a
little
more
Modesty
had
become
him
.
My
Lord
of
Sarum's
Expressions
,
I
suppose
,
misled
him
,
which
(
in
the
Year
1534.
)
are
,
As
the
Parliament
was
going
on
with
th●se
good
Laws
,
there
came
a
Submission
from
the
Clergy
then
sitting
in
Convocation
,
to
be
pass'd
in
Parliament
,
(
p.
147.
)
But
this
is
one
of
those
Nods
that
Great
Men
in
Long
Works
are
subject
to
:
for
his
Lordship
p.
113.
of
that
Work
seems
to
have
soon
known
that
the
Submission
was
made
by
the
Convocation
in
1531
&
2
,
however
he
came
to
forget
it
here
,
and
to
place
the
Rise
of
it
two
Years
lower
.
But
whether
his
Lordship
were
aware
of
this
,
or
not
,
it
is
certain
the
Submission
was
so
much
Older
than
the
Act
;
as
appears
by
the
Iournal
of
the
Convocation
that
fram'd
it
still
remaining
;
tho'
his
Lordship
(
Ib.
p.
147.
)
complains
that
it
is
lost
;
and
excuses
himself
on
●his
account
for
not
being
able
to
inform
his
Readers
,
what
Opposition
it
met
with
from
the
Clergy
,
e'er
it
pass'd
.
I
have
seen
the
Iournal
of
that
Synod
,
it
is
not
so
Large
indeed
as
those
Records
of
Convocation
which
Heylin
saw
,
(
Reformat
.
justified
,
Sect.
2.
)
and
wherein
,
he
says
,
the
whole
Debate
with
all
the
Traverses
and
Emergent
Difficulties
which
appear'd
therein
are
specify'd
at
large
:
However
,
it
is
particular
enough
to
shew
with
what
Difficulty
,
and
by
what
steps
the
Clergy
were
drawn
into
a
Complyance
,
and
how
Threatning
Messages
were
sent
'em
by
the
King
before
they
could
be
brought
to
it
:
And
I
have
already
,
from
another
Manuscript
,
promis'd
the
Reader
the
several
Forms
of
Submission
which
they
drew
up
,
one
after
another
;
but
could
not
get
accepted
.
There
is
no
Reason
therefore
to
complain
of
want
of
Light
in
this
case
;
for
perhaps
there
is
scarce
any
one
thing
done
in
any
of
H.
the
8th's
Convocations
,
of
which
we
have
a
clearer
and
fuller
account
than
of
the
Opposition
which
the
Court-Form
of
Submission
met
with
from
the
Clergy
,
before
they
came
up
to
it
.
From
the
Inferior
Clergy
,
I
mean
:
for
it
does
not
appear
that
the
Prelates
were
so
very
hard
to
be
dealt
with
.
On
the
contrary
,
it
is
said
in
the
Acts
,
that
but
one
Bishop
[
and
not
one
Abbot
or
Prior
]
disagreed
to
it
:
but
of
the
Lower
Clergy
18
,
or
19
Voted
against
it
to
the
very
last
;
and
7.
or
8.
referr'd
,
that
is
,
Voted
neither
against
it
,
nor
for
it
.
See
Troub
.
&
Try.
of
La●d
.
p.
82.
)
may
be
drawn
to
import
by
the
Ambiguous
Relation
of
the
word
Attempt
,
as
it
now
stands
there
;
yet
the
Parliament
,
it
is
plain
,
would
take
it
,
and
accordingly
Enacted
it
,
in
no
other
sense
than
I
have
given
of
it
;
distinctly
severing
it
,
in
the
Body
of
the
Act
,
from
all
those
words
that
have
any
respect
to
the
Making
of
a
Canon
,
and
confining
it
to
that
Branch
of
the
Sentence
,
which
suspends
all
the
Old
Canons
already
made
.
Then
comes
the
other
Branch
,
which
prescribes
the
Method
of
making
new
ones
;
and
forbids
the
Clergy
to
Enact
,
Promulge
,
or
Execute
any
without
the
King's
Assent
:
leaving
them
in
the
mean
time
to
their
Old
Methods
of
Proposing
and
Deliberating
;
and
reducing
their
Power
only
to
the
same
Level
with
that
of
Parliaments
:
over
which
they
had
before
great
and
sensible
advantages
;
in
as
much
as
they
Enacted
Canons
by
their
own
Authority
,
without
the
Royal
Concurrence
,
and
in
Synods
oftentimes
,
which
met
without
a
Royal
Summons
.
This
,
I
question
not
,
is
the
true
and
genuine
Exposition
of
the
Act
;
and
this
being
the
very
Hinge
on
which
the
Second
Article
of
the
Dispute
turns
,
I
thought
my self
oblig'd
to
consider
it
with
a
very
particular
care
,
and
to
secure
it
,
if
possible
,
against
all
Exceptions
.
I
hope
,
I
have
done
so
;
and
that
the
Reader
is
,
by
this
time
fully
satisfy'd
,
that
no
Restraint
is
laid
by
it
upon
any
Convocational
Act
of
the
Clergy
,
previous
to
the
passing
a
Canon
;
but
that
they
have
still
as
much
Liberty
to
Treat
,
Debate
,
and
Conclude
(
so
they
do
not
Enact
,
Promulge
,
and
Execute
)
since
this
Statute
,
as
ever
they
had
before
it
.
Sure
I
am
,
that
it
has
been
thus
understood
all
along
by
those
who
may
be
presum'd
to
be
best
acquainted
with
its
meaning
;
such
as
Poulton
,
and
Rastal
were
:
The
one
,
in
his
Abridgement
,
puts
this
Title
before
the
Act
,
"
That
the
Clergy
in
their
Convocations
shall
Enact
no
Constitutions
without
the
King's
Assent
:
The
other
,
in
his
Repertory
,
at
the
End
of
the
Statutes
,
makes
this
to
be
the
Purport
of
it
,
That
the
Clergy
in
their
Convocations
shall
Enact
nothing
unless
they
have
the
King's
Assent
and
License
:
Neither
of
'em
were
aware
,
it
seems
,
that
their
Liberty
of
Debate
was
cut
off
by
it
.
My
Lord
Herbert
took
it
just
as
they
did
,
for
his
short
Summary
of
it
is
,
that
in
Convocations
nothing
shall
be
Promulg'd
and
Executed
without
the
King's
Leave
[
*
](A26154-e33740-b)
*
P.
399.
.
Mr.
Fox
was
of
the
same
mind
;
for
thus
he
abridges
it
,
That
the
Clergy
shall
not
hereafter
presume
to
assemble
in
their
Convocation
,
without
the
King
's
Writ
,
or
to
Enact
or
Execute
Constitutions
without
his
Royal
Assent
[
†
](A26154-e33810-b)
†
Vol.
2.
p.
330.
.
Bishop
Godwyn
does
not
differ
in
his
account
of
it
,
which
is
,
In
praedicto
porrò
Parliamento
decretum
est
de
abrogand●
Synodi
Authoritate
in
Canonibus
Ecclesiasticis
condendis
,
nisi
quatenus
Rex
eos
ratos
habuisset
[
*
](A26154-e33870-b)
*
Annal.
ad
Ann.
1534.
.
Francis
Mason
,
the
Eminent
Defender
of
our
Orders
,
represents
it
after
the
very
same
manner
in
a
small
Piece
of
his
about
the
Authority
of
the
Church
in
making
Canons
and
Constitutions
concerning
things
Indifferent
:
There
he
says
,
It
is
Enacted
by
the
Authority
of
Parliament
,
that
the
Convocation
shall
be
assembled
always
by
vertue
of
the
King
's
Writ
,
and
that
their
Canons
shall
not
be
put
in
Execution
unless
they
be
approv'd
by
the
Royal
Assent
[
†
](A26154-e33940-b)
†
P.
15.
.
Nor
had
the
Enemies
of
the
Church
any
other
Opinion
in
this
matter
than
its
Friends
:
witness
what
the
same
Author
in
his
Great
Work
mentions
,
as
the
sense
of
the
whole
Body
of
the
Puritans
:
Ostendunt
Puritani
,
sub
sinem
sui
Examinis
,
Canones
prorsus
nullos
vigere
aut
valere
in
Angliâ
,
qui
Regio
Calculo
ac
Sigillo
non
sunt
muniti
[
*
](A26154-e33990-b)
*
Fitz-Simon
apud
Masonum
de
Minist.
Angl.
p.
21.
.
And
thus
speaks
one
of
them
,
in
a
Treatise
of
Oaths
exacted
by
Ordinaries
,
&c.
and
He
no
inconsiderable
Writer
:
It
is
Enacted
,
he
says
,
and
Provided
,
that
no
Constitutions
or
Ordinances
should
be
made
,
or
put
in
Execution
within
this
Realm
,
until
,
&c.
[
†
](A26154-e34060-b)
†
P.
54.
Nay
thus
speaks
Mr.
Bagshaw
himself
in
his
famous
Argument
concerning
the
Canons
;
where
we
may
be
sure
he
says
nothing
more
to
the
advantage
of
the
Clergy
than
he
needs
must
;
and
yet
he
represents
the
Act
to
be
only
,
that
to
the
making
of
Canons
there
must
be
the
King
's
Royal
Assent
[
*
](A26154-e34120-b)
*
P.
12.
.
And
when
he
is
to
produce
the
words
of
the
Statute
,
by
which
the
Clergy
have
power
to
make
Canons
,
he
says
they
are
;
That
they
shall
not
Enact
,
Promulge
,
or
Execute
any
Canons
or
Constitutions
,
&c.
unless
they
may
have
the
King
's
most
Royal
Assent
to
Make
,
Promulge
,
and
Execute
the
same
[
†
](A26154-e34180-b)
†
Ibid.
.
But
as
to
Attempting
,
Alledging
,
Claiming
,
and
putting
in
Ure
,
he
never
dreamt
that
These
were
in
the
Act
apply'd
,
or
were
applicable
to
this
purpose
;
and
therefore
does
not
mention
them
.
Intruth
he
was
a
Lawyer
,
and
a
Man
of
Skill
in
his
Profession
,
and
so
knew
very
well
,
that
in
the
Omission
of
these
words
,
as
having
no
reference
to
the
Clergy's
Power
of
making
Canons
,
he
only
trac'd
the
steps
of
the
King's
Commissions
to
the
Convocation●
in
1603
,
and
1640.
One
of
these
is
Printed
at
length
in
the
[
*
](A26154-e34220-b)
*
P.
285
,
290.
Bibliotheca
Regia
;
and
there
,
All
of
the
25
H.
8.
which
relates
to
the
Clergy's
Power
in
Making
Canons
is
inserted
at
large
;
and
(
which
is
very
remarkable
)
those
words
[
Attempt
,
Alledge
,
Claim
,
and
put
in
Ure
]
are
not
recited
:
A
sure
sign
,
that
the
Attorney-Generals
of
those
times
(
〈◊〉
those
Times
had
Attorney-Generals
,
that
had
both
Skill
,
and
Will
enough
to
carry
the
King's
Prerogative
as
high
as
it
would
bear
)
did
not
think
,
that
they
could
colourably
be
made
use
of
to
this
purpose
;
or
that
the
Clergy
were
debarr'd
by
this
Act
from
attempting
New
Canons
,
to
be
made
hereafter
,
but
such
Old
ones
only
as
had
been
long
ago
pass'd
and
publish'd
.
Dr.
Wake
therefore
is
Disingenuous
in
the
Highest
Degree
,
where
[
†
](A26154-e34280-b)
†
Append.
Num.
V.
p.
371.
he
pretends
to
Print
this
very
Commission
;
and
when
he
comes
to
the
Act
of
Parliament
,
which
it
recites
,
does
not
transcribe
the
Act
as
it
is
there
recited
(
which
is
in
part
only
)
but
refers
us
to
his
Extract
of
it
,
Num.
IV.
and
assures
us
,
that
it
is
recited
in
the
Commission
,
as
in
the
Extract
,
Verbatim
;
tho'
the
most
Material
words
in
his
Extract
,
and
such
as
would
be
most
Conclusive
upon
the
Clergy's
Convocational
Acts
and
Debates
,
if
they
really
belong'd
to
'em
,
are
,
as
I
have
shewn
,
designedly
omitted
in
that
Recital
.
Such
poor
shifts
is
he
forc'd
to
,
to
maintain
a
Bad
Cause
;
which
however
,
even
by
these
Ill
Arts
,
cannot
be
maintain'd
.
The
Proof
drawn
from
these
Commissions
is
farther
confirm'd
by
a
Proclamation
of
K.
Charles
the
First
in
Iune
1644
[
*
](A26154-e34380-b)
*
See
it
Biblioth.
Reg.
pag.
331.
,
which
forbids
the
Assembly
of
Divines
to
Meet
and
Act
,
upon
these
,
and
these
Accounts
only
;
Because
by
the
Laws
of
the
Kingdom
;
no
Synod
or
Convocation
of
the
Clergy
ought
to
be
called
and
assembled
within
this
Realm
,
but
by
Authority
of
the
King
's
Writ
;
and
no
Constitution
,
or
Ordinance
Provincial
,
or
Synodal
,
or
any
other
Canons
may
be
Made
,
Enacted
,
Promulg'd
,
or
Executed
,
[
it
says
not
Attempted
,
Alledg'd
,
Claim'd
,
or
pu●
in
Ure
;
which
were
words
known
to
belong
to
Canons
already
made
]
Unless
with
the
King
's
Royal
Assent
and
License
first
obtain'd
:
upon
pain
of
every
one
of
the
Clergy's
doing
contrary
,
and
being
thereof
convict
,
to
suffer
Imprisonment
,
and
make
Fine
at
the
King's
Will
,
as
by
the
Statute
of
the
25
H.
8.
declaring
and
enacting
the
same
it
doth
and
may
appear
.
Let
me
add
to
all
these
the
Authority
of
the
Convocation
it self
,
which
set
out
the
Institution
of
a
Christian
Man
a
few
years
after
they
had
submitted
.
In
the
Dedication
of
that
Book
the
Prelates
address
the
King
after
this
manner
,
Without
your
Majesty's
Power
and
License
,
we
acknowledg
and
confess
that
we
have
none
Authority
either
to
assemble
together
for
any
pretence
or
purpose
,
or
to
publish
any
thing
that
might
by
us
be
agreed
on
,
or
compil'd
.
Which
words
evidently
imply
a
power
of
agreeing
upon
,
and
compiling
,
(
tho'
they
deny
that
of
publishing
)
any
Determination
,
or
Doctrine
.
It
were
endless
after
this
to
argue
from
the
silence
of
the
Authors
of
those
times
;
for
then
I
must
vouch
All
of
them
.
Only
the
Reformatio
Legum
Ecclesiasticarum
,
being
a
Book
of
Great
Note
,
which
was
drawn
up
by
Commissioners
appointed
by
the
King
,
and
where
no
Occasion
is
neglected
of
setting
out
,
and
magnifying
the
Royal
Power
;
it
may
be
worth
our
while
to
observe
,
that
there
is
not
however
in
all
that
Book
,
as
far
as
I
can
find
,
one
Expression
,
that
implies
the
Composers
of
it
to
have
thought
,
that
the
Clergy's
Synodical
Debates
lay
under
any
Restraint
from
the
Crown
;
which
is
a
very
strong
Presumption
that
they
did
not
think
the
Clergy
to
lye
under
any
.
The
Reader
will
forgive
me
for
laying
together
this
Great
Heap
of
Authorities
,
if
he
either
considers
,
of
how
great
Importance
it
is
to
my
Cause
,
that
the
sense
I
have
given
of
the
Act
should
be
fully
clear'd
;
or
how
necessary
Dr.
Wake
has
made
such
a
Collection
,
by
affirming
,
that
this
sense
of
it
was
never
allow●d
of
,
or
,
for
ought
he
knows
so
much
as
heard
of
,
(
I
repeat
his
very
words
)
till
the
Gentleman
against
whom
he
writes
enlighten'd
the
world
with
it
.
The
Statute
(
as
far
as
it
relates
to
the
Power
of
the
Clergy
in
Convocation
)
plainly
implies
no
more
than
that
Canons
should
not
from
thenceforth
pass
,
and
become
Obligatory
,
without
the
King's
Leave
and
Authority
given
in
that
behalf
;
without
his
Le●ve
,
which
was
requisite
to
their
Passing
,
and
his
Authority
,
which
was
afterwards
to
ratifie
,
and
give
'em
force
.
And
to
understand
the
words
of
the
Law
otherwise
is
,
as
has
appear'd
,
to
understand
them
against
all
Propriety
,
and
the
Rules
of
Construction
;
and
which
is
still
more
unreasonable
,
to
do
this
in
Materiâ
minùs
favorabili
,
and
where
Ordinary
Liberty
is
abridg'd
;
and
lastly
,
which
is
intolerable
,
where
so
grievous
a
Penalty
as
that
of
a
Praemunire
is
to
follow
.
The
25
of
H.
8.
then
has
not
in
the
least
alter'd
the
Law
of
Convocations
,
in
relation
to
any
of
the
Powers
or
Priviledges
of
the
Inferior
Clergy
:
They
can
still
freely
Consult
,
and
Debate
,
Petition
,
or
Represent
,
propose
the
Matter
or
Form
of
New
Canons
,
and
consider
about
the
Inforcing
or
Abrogating
old
ones
;
in
a
word
,
act
in
all
Instances
,
and
to
all
Degrees
,
as
they
could
before
the
passing
of
that
Statute
.
Indeed
my
Lord
Archbishop's
hands
are
ty'd
by
it
;
for
he
cannot
now
call
a
Convocation
without
the
King
's
Writ
,
which
before
this
Act
he
might
,
and
in
Elder
Times
frequently
did
:
He
cannot
now
Enact
and
Constitute
any
thing
by
his
own
Authority
,
as
in
Imitation
of
the
Papal
Power
in
Councils
,
and
of
the
Royal
Power
in
Parliaments
,
it
was
usual
for
him
to
do
:
He
must
,
before
he
passes
any
Act
of
the
Two
Houses
,
have
the
King's
Assent
to
it
;
and
after
it
is
pass'd
,
there
must
be
the
King's
License
also
to
Promulge
and
Execute
it
.
In
these
several
Respects
the
Metropolitan's
Authority
is
considerably
lessen'd
by
this
Act
;
the
Exercise
of
which
is
now
chiefly
seen
in
Moderating
the
Debates
of
the
Synod
,
and
giving
his
Vote
last
upon
any
Question
propos'd
there
;
as
Dr.
Cousins
(
Dean
of
the
Arches
to
his
Grace
that
then
was
)
does
in
his
Tables
express
it
[
*
](A26154-e34810-b)
*
Ejus
est
moderari
Synodum
,
&
ultimò
Suffragium
ferre
.
Tab.
3.
.
But
the
Powers
and
Priviledges
of
All
the
other
Members
of
Convocation
continue
whole
and
entire
to
'em
,
notwithstanding
this
Statute
;
and
were
so
understood
to
continue
for
a
long
time
after
it
pass'd
:
the
Methods
of
proceeding
in
Convocation
continuing
the
same
for
near
Threescore
and
ten
years
after
the
Act
,
as
they
had
been
before
it
;
the
Clergy
going
on
still
to
propose
,
deliberate
,
and
resolve
as
they
had
been
us'd
to
do
,
without
Qualifying
themselves
for
it
by
any
Precedent
License
under
the
Broad
Seal
;
the
King
,
the
Parliament
,
and
People
of
the
Realm
allowing
'em
so
to
do
,
without
opposing
this
Method
as
Illegal
,
questioning
it
in
the
least
,
or
calling
'em
to
an
account
for
it
.
Indeed
the
Doubtful
Wording
of
the
Act
might
possibly
give
the
Clergy
some
Alarm
at
first
,
and
put
them
under
Apprehensions
that
their
Liberty
of
Debate
was
abridg'd
by
it
;
or
at
least
that
it
might
be
constru'd
so
to
be
by
Those
who
in
those
Distressing
Times
were
willing
enough
to
take
any
Advantage
of
them
.
But
their
Scruples
(
if
they
had
any
)
clear'd
up
in
a
little
time
,
and
their
Fears
vanish'd
;
and
they
afterwards
fell
to
business
with
the
same
freedom
,
and
under
as
little
Restraint
(
for
ought
appears
to
the
contrary
)
as
any
of
their
Predecessors
had
done
before
the
Act
of
Submission
.
And
thus
the
matter
stood
till
the
very
End
of
Queen
Elizabeth's
Reign
:
there
being
no
Instance
,
I
believe
,
to
be
given
of
a
Formal
Commission
to
Treat
and
Debate
,
Older
than
the
Convocation
of
1603
,
in
the
first
of
King
Iames
;
which
shall
hereafter
be
accounted
for
.
In
the
mean
time
,
we
will
suppose
the
utmost
,
that
can
by
the
severest
Interpretation
of
the
Act
,
be
pretended
;
that
the
Clergy
are
by
it
cut
off
from
forming
the
Draught
of
a
Canon
,
or
even
deliberating
about
one
,
without
being
particularly
impower'd
to
that
purpose
;
yet
are
they
still
in
several
Inferior
Instances
of
Acting
left
perfectly
free
.
It
is
not
to
be
doubted
but
that
,
notwithstanding
the
Act
,
they
may
by
an
Humble
Representation
lay
before
my
Lords
the
Bishops
,
the
King
,
or
his
Great
Council
,
any
Growing
Inconvenicies
and
Disorders
in
the
Church
,
any
Dangerous
Errors
that
may
happen
to
arise
and
spread
in
their
time
,
any
Outragious
Excess
of
Vice
and
Impiety
which
they
shall
observe
to
prevail
:
and
having
made
their
Representations
,
they
may
venture
to
add
their
Requests
for
the
Prevention
or
Suppression
of
such
Disorders
,
Vices
,
and
Errors
;
and
even
to
point
out
the
Methods
of
doing
it
.
If
they
cannot
move
a
step
towards
framing
New
Canons
,
yet
at
least
they
may
interpose
in
behalf
of
the
Old
ones
,
and
pray
,
that
they
may
be
vigorously
Executed
,
and
duly
observ'd
.
In
a
word
,
whatever
Hardships
or
Grievances
they
may
lye
under
from
their
Ecclesiastical
or
Civil
Superiors
(
as
't
is
possible
for
'em
to
suffer
from
either
)
they
have
in
Convocation
a
Right
,
and
an
Opportunity
to
declare
'
em
.
These
Complaints
it
was
heretofore
their
Custom
to
put
up
together
with
their
Subsidies
;
and
coming
in
such
good
Company
therefore
,
they
were
for
the
most
part
favourably
heard
.
Now
they
have
left
off
to
Tax
themselves
,
they
must
no
longer
draw
Occasions
of
Relief
,
from
the
Wants
of
the
Crown
,
but
from
the
Goodness
and
Justice
of
Him
that
wears
it
.
It
will
be
for
the
Honour
of
a
Reign
,
founded
in
the
Liberties
of
the
People
,
and
secur'd
by
maintaining
'em
,
to
suffer
All
Bodies
of
Men
to
enjoy
their
Rights
,
tho'
they
give
nothing
for
it
:
Nor
will
it
be
any
Reflection
upon
our
most
Excellent
Prince
,
if
the
World
shall
see
,
that
the
Advice
of
so
considerable
a
part
of
his
Subjects
as
the
Clergy
are
,
may
be
welcome
to
him
,
even
without
their
Subsidies
.
It
is
the
Opinion
of
some
Men
,
that
that
Mystery
of
Iniquity
,
Popery
,
is
now
at
work
,
and
carrying
on
among
us
in
a
very
dangerous
manner
;
and
it
is
their
Fear
,
lest
that
which
could
never
succeed
,
when
it
appear'd
bare-fac'd
,
should
prevail
by
making
secret
and
unperceiv'd
Advances
upon
us
;
whether
their
Fears
are
just
,
or
no
,
I
shall
not
determine
:
but
would
it
not
be
fit
that
the
Clergy
should
be
left
to
their
wonted
Liberty
of
Assembling
;
that
upon
any
such
dangerous
conjuncture
,
they
might
join
their
Councels
,
Endeavours
,
and
Requests
,
to
give
a
stop
to
the
Growing
Mischief
?
and
by
a
Due
Representation
of
the
Danger
grounded
on
the
sure
Accounts
that
shall
be
brought
to
the
Convocation
by
the
several
Members
of
it
resorting
thither
from
All
parts
of
the
Kingdom
,
excite
the
Civil
Magistrate
into
a
Degree
of
Care
and
Concern
proportionable
to
the
Danger
?
But
should
the
Clergy
have
no
Representations
,
no
Complaints
to
make
to
the
King
and
Parliament
,
yet
They
themselves
may
be
complain'd
of
to
either
:
and
it
is
fit
they
should
be
ready
to
give
answer
to
such
Complaints
.
All
other
Bodies
and
Communities
of
Men
,
if
any
thing
be
mov'd
in
Parliament
to
their
Prejudice
,
can
immediately
Assemble
and
Confer
together
,
and
lay
before
their
Superiors
the
Consequences
of
it
,
as
far
as
their
Particular
Interests
are
concern'd
:
The
Clergy
alone
have
no
such
Liberty
or
Opportunity
,
if
their
Parliamentary
Assemblies
are
not
observ'd
;
and
are
in
this
respect
therefore
in
a
worse
condition
than
the
Pettiest
Company
or
Corporation
in
the
Kingdom
.
'T
is
true
,
my
Lords
the
Bishops
are
at
hand
always
,
to
interpose
in
their
behalf
:
but
as
they
are
no
standing
Committee
of
Convocation
,
upon
whom
the
Care
of
the
Clergy's
Interest
in
Parliament
has
at
any
time
been
devolv'd
;
so
neither
is
it
proper
,
that
it
should
be
altogether
lodg'd
in
their
Hands
;
which
are
too
full
of
other
Business
,
to
be
able
alone
to
discharge
this
to
the
best
Advantage
.
As
quick-sighted
as
their
Lordships
may
be
to
discern
,
and
as
Fatherly
a
Concern
as
they
may
have
to
remedy
the
Grievances
of
the
Inferior
Clergy
;
yet
it
is
not
to
be
expected
,
that
they
should
either
understand
'em
so
well
,
or
represent
'em
so
fully
,
or
interpose
so
heartily
for
their
Redress
,
as
those
who
feel
'
em
.
Mens
Interests
have
been
ever
best
taken
care
of
by
such
as
were
most
immediately
concern'd
in
'
em
.
Their
Lordships
,
doubtless
,
want
no
Zeal
for
the
Good
of
the
Church
,
and
of
every
the
smallest
Member
of
it
.
But
in
Men
of
their
Age
and
Experience
such
Zeal
is
ever
temper'd
with
great
Caution
,
and
manag'd
with
nice
Regards
to
the
Probability
of
Success
,
and
to
the
Passions
,
and
Prejudices
,
and
Various
Interests
of
Men.
Now
these
Restraints
might
,
it
is
hop'd
,
in
some
measure
be
taken
off
,
and
their
Lordships
encourag'd
into
a
Reasonable
Prospect
of
succeeding
in
any
Proposal
they
had
to
offer
on
our
Behalf
,
if
they
were
back'd
in
it
by
the
Joint
Advice
and
Endeavours
of
the
Clergy
of
the
Province
assembled
.
And
as
their
Caution
in
Interposing
would
in
this
case
it
is
likely
be
less
,
so
would
their
Interposition
it self
perhaps
be
of
somewhat
greater
Weight
and
Influence
;
especially
in
Times
,
when
their
Lordships
Actions
may
lye
under
any
Prejudices
,
and
their
Characters
be
misunderstood
.
At
such
Seasons
,
they
will
have
enough
to
do
,
to
support
and
promote
their
Own
Interests
;
and
will
not
be
able
(
however
willing
they
may
be
)
to
stand
in
the
Breach
,
and
be
a
Screen
to
their
Inferiors
.
Besides
,
their
Lordships
Good
Offices
are
confin'd
to
the
Upper
House
,
nor
can
They
take
notice
of
any
Parliamentary
Matter
,
till
it
comes
regularly
before
'em
there
:
whereas
the
Clergy
,
as
well
as
all
other
Bodies
of
Men
,
ought
to
have
the
Priviledge
of
an
Early
Address
to
the
House
of
Commons
,
where
so
many
Bills
of
Importance
begin
,
that
nothing
may
pass
there
to
their
Disadvantage
,
without
being
oppos'd
,
or
understood
;
since
That
it self
would
be
a
Misfortune
to
'em
,
tho'
they
were
sure
to
have
it
quash'd
elswhere
.
The
Bishops
Interest
,
Authority
,
Eloquence
,
〈…〉
,
sufficient
to
plead
the
Churches
〈◊〉
and
secure
her
Interests
in
the
House
of
Lords
;
where
all
the
Noble
Members
are
under
so
favourable
a
Disposition
towards
Her
,
that
they
would
certainly
do
Her
Justice
,
tho'
they
were
sollicited
by
less
Powerful
Advocates
:
However
,
the
Commons
Spiritual
think
it
very
Proper
and
Reasonable
,
that
they
should
in
these
cases
have
a
Recourse
to
the
Commons
Temporal
;
whose
Interests
in
the
State
running
parallel
with
Theirs
in
the
Church
,
and
being
nearly
link●d
with
them
,
seem
mightily
to
encourage
such
an
Application
;
and
to
make
it
a
Point
of
Prudence
,
as
well
as
Duty
,
in
the
Clergy
to
practise
it
,
where
it
may
be
had
.
The
Commons
have
a
considerable
Interest
in
the
Lesser
Clergy
,
by
reason
of
their
Patronage
;
They
are
their
Protectors
,
and
Guardians
appointed
by
Law
in
relation
to
one
part
of
their
Maintenance
;
and
will
be
extremely
tender
therefore
of
all
their
other
Civil
or
Ecclesiastical
Rights
,
and
careful
to
cover
them
from
any
Attempts
that
shall
be
made
upon
their
Priviledges
:
That
so
they
may
be
in
Heart
,
and
at
Hand
always
,
to
stand
up
with
them
in
behalf
of
Liberty
,
when
it
shall
be
attack'd
,
and
to
resist
a
Growing
Tyranny
either
in
Church
or
State
,
as
it
may
happen
.
For
Arbitrary
Government
is
a
Spreading
and
Contagious
Thing
;
and
when
once
it
is
set
up
any
where
,
there
is
no
knowing
where
it
will
end
.
My
Lords
the
Bishops
therefore
must
excuse
us
,
if
,
as
great
a
Reverence
as
we
bear
to
their
Characters
,
and
as
high
an
Esteem
as
we
have
of
their
Personal
Qualifications
,
their
Integrity
,
Capacity
,
Courage
;
yet
we
think
it
fit
,
that
other
Helps
should
be
call'd
in
(
since
All
Helps
are
but
little
enough
)
to
support
the
sinking
Interests
of
Religion
,
and
the
Clergy
;
and
judge
the
Great
Concerns
of
the
Church
no
where
so
secure
,
as
,
where
the
Wisdom
of
our
Constitution
has
lodg'd
'em
,
in
the
Hands
of
a
Convocation
of
the
Province
.
We
know
the
Enemies
of
the
Church
sleep
not
,
tho'
the
Watchmen
sleep
too
often
—
are
the
words
of
one
,
once
an
Active
Presbyter
of
this
Church
,
now
a
Vigilant
Prelate
[
*
](A26154-e35020-b)
*
Dr.
Burnet
's
Fast-Sermon
before
the
House
of
Commons
.
Anno
1681.
p.
25.
We
cannot
,
God
be
thanked
,
apply
'em
to
the
Present
Bench
of
Bishops
;
and
would
not
,
if
we
could
,
unless
in
a
Case
of
the
Utmost
Necessity
;
because
nothing
less
than
that
would
justifie
such
a
freedom
in
Meaner
Authors
.
However
Times
may
come
,
that
will
deserve
such
Language
;
but
when
,
if
the
Provincial
Assemblies
of
the
Church
be
,
together
with
its
Watchmen
,
laid
asleep
,
it
will
be
too
late
to
use
it
.
The
Right
Reverend
Author
of
that
Discourse
(
who
should
understand
the
Frame
of
our
Church
well
,
having
written
the
History
of
it
)
observes
,
that
it
is
happily
Constituted
between
the
Extremes
of
Ecclesiastical
Tyranny
on
the
one
Hand
,
and
Enthusiastical
Principles
on
the
other
Hand
[
†
](A26154-e35100-b)
†
Ibid
p.
9.
.
It
is
so
;
and
the
Happiness
of
this
Constitution
,
in
relation
to
one
of
these
Extremes
,
lyes
in
the
Interest
which
the
Lower
Clergy
have
in
Convocation
;
where
they
are
associated
with
their
Lordships
in
the
Care
and
Government
of
the
Church
:
Whereas
out
of
Convocation
,
they
are
not
,
I
think
,
advis'd
with
;
and
have
little
else
to
do
,
but
to
observe
Orders
:
The
Diocesan
Synods
of
our
Church
being
not
for
Counsel
now
,
but
for
the
Exercise
of
the
Episcopal
Authority
.
This
Happy
Frame
therefore
should
by
all
means
be
kept
up
;
and
the
rather
,
because
it
suits
very
happily
with
that
of
the
State
,
and
with
the
Constitution
of
Parliaments
.
And
it
is
highly
expedient
for
every
Church
and
State
,
that
the
Ecclesiastical
Polity
should
be
adapted
to
the
Civil
,
as
nearly
as
is
consistent
with
the
Original
Plan
of
Church-Government
;
which
,
in
our
Case
,
there
will
be
no
danger
of
departing
from
,
by
a
Compliance
with
the
State-Modell
:
For
I
am
sure
,
and
am
ready
,
when
ever
I
am
call'd
upon
,
particularly
to
prove
,
that
the
more
our
Church
shall
resemble
the
State
,
in
her
Temper
and
Manner
of
Government
,
the
nearer
still
will
she
approach
to
Primitive
Practice
;
and
the
nearer
she
comes
up
to
Both
these
,
the
more
likely
will
she
be
to
Endure
and
Flourish
.
What
the
same
Eminent
Pen
has
said
on
this
Occasion
,
I
willingly
subscribe
to
;
That
as
in
Civil
Government
,
a
Prince
governing
by
Law
,
and
having
high
Prerogatives
,
by
which
he
may
do
all
the
Good
he
has
a
mind
to
,
which
yet
he
cannot
abuse
to
act
against
the
Law
,
and
who
is
oblig'd
often
to
consult
with
his
People
in
what
relates
to
common
safety
;
by
whose
Assistance
he
must
be
enabled
to
put
in
Execution
the
Good
Things
he
designs
;
is
certainly
the
best
Expedient
for
preventing
the
Two
Extremes
in
Civil
Society
,
Confusion
and
Slavery
:
So
a
Bishop
that
shall
have
the
Chief
Inspection
over
those
whom
he
is
to
Ordain
,
and
over
the
Labours
of
those
already
plac'd
;
whom
he
shall
direct
and
assist
in
every
thing
;
and
who
governs
himself
by
the
Rules
of
the
Primitive
Church
,
and
by
the
Advice
of
his
Brethren
,
is
the
likeliest
Instrument
both
for
propagating
,
and
preserving
the
Christian
Religion
[
*
](A26154-e35170-b)
*
Pref.
to
the
Hist.
of
the
Regal
.
.
I
add
,
and
for
the
keeping
up
of
this
Particular
Church
in
some
Degree
of
Repute
and
Authority
;
which
have
ever
been
best
secur'd
to
it
,
when
her
Prime
Pastors
have
met
their
Clergy
often
in
Synod
,
and
by
their
Advice
and
Assistance
manag'd
the
Great
Affairs
of
it
.
But
if
that
be
thought
too
much
,
and
sound
too
high
for
the
Lower
Orders
to
pretend
to
;
who
must
be
contented
rather
to
be
the
Subjects
of
Ecclesiastical
Government
,
than
any
Sharers
in
it
;
yet
even
Subjects
themselves
may
Petition
,
and
make
known
whatever
Grievances
,
or
Requests
they
have
to
offer
,
without
Encroachment
on
any
of
their
Superiors
.
And
that
the
Liberty
of
such
Addresses
and
Representations
is
still
left
to
the
Convocation
,
(
to
the
Lower
House
alone
,
or
to
Both
joyntly
)
I
have
fully
shew'd
:
The
Statute
of
Submission
,
even
under
the
most
Rigorous
Interpretation
of
it
,
being
scarce
pretended
to
abridge
their
Priviledges
in
this
respect
.
And
because
Practice
in
this
kind
is
the
best
Proof
,
I
shall
here
add
a
few
Instances
of
it
.
In
the
Convocation
of
1542
(
33
Hen.
8.
)
the
Acts
say
,
that
at
the
passing
of
the
Subsidy
,
Clerus
exposuit
4.
Petitiones
[
to
the
Upper
House
,
who
when
they
presented
the
Subsidy
,
were
to
acquaint
the
King
with
them
]
1.
De
Legibus
Ecclesiasticis
condendis
.
2.
De
Conjugiis
factis
in
Bethlehem
abolendis
.
3.
De
veneundis
—
Beneficiis
.
4.
De
Decimis
solvendis
.
Act.
MSS.
Sess.
20.
The
Two
Petitions
in
the
first
Convocation
of
E.
6.
(
See
'em
in
Bishop
Burnet's
Hist.
Vol.
1.
p.
118.
)
Collect.
of
Records
,
whatever
force
they
may
have
to
prove
a
License
necessary
on
other
Occasions
(
which
shall
hereafter
be
fully
consider'd
)
do
yet
certainly
prove
it
not
necessary
in
order
to
Petition
.
There
are
many
Requests
of
the
Clergy
in
Convocation
to
Queen
Elizabeth
.
One
Anno
1580
,
in
behalf
of
the
Archbishop
,
then
out
of
favour
,
that
she
would
be
pleas'd
to
restore
him
.
Fuller
.
IX
.
Book
,
p.
121.
Another
Anno
1587
,
about
the
Act
said
to
be
intended
against
Pluralities
.
Full.
Ibid.
pag.
191.
A
third
to
the
same
purpose
,
in
some
other
Convocation
of
her
Reign
;
which
being
yet
unprinted
,
I
shall
insert
in
the
Appendix
[
*
](A26154-e35500-b)
*
Numb
.
IV.
.
It
is
a
Paper
very
Remarkable
both
for
the
weightiness
of
the
Matter
,
and
closeness
of
the
Expression
;
and
for
the
spirit
and
freedom
with
which
it
is
drawn
:
which
however
I
propose
not
as
a
Pattern
;
but
as
a
Great
Argument
of
that
Liberty
they
thought
remaining
to
them
.
A
fourth
from
the
Lower
to
the
Upper
House
of
Convocation
,
to
be
presented
in
their
Name
to
the
Queen
for
the
Pardon
of
Lapses
and
Irregularities
.
'T
is
in
a
Cotton
MS.
Cleop.
F.
2.
f.
123.
and
from
thence
I
shall
Transcribe
it
.
See
App.
Num.
V.
A
fifth
against
the
Encroachments
of
Chancellors
upon
Archdeacons
.
Ibid.
p.
264.
A
sixth
praying
many
Regulations
in
very
weighty
matters
.
Ibid.
There
is
also
extant
in
Fuller
[
*
](A26154-e35650-b)
*
IX
.
Book
,
p.
55.
See
the
Preface
to
it
,
p.
66.
of
this
Book
.
a
Remonstrance
,
of
the
Clergy
of
the
Lower
House
,
being
a
Declaration
of
their
Judgments
,
made
indeed
in
the
very
beginning
of
Queen
Elizabeth
,
when
this
Statute
was
not
yet
revived
,
and
about
Popish
Tenets
;
but
which
may
,
I
presume
,
be
safely
imitated
for
the
Assertion
of
truly
Catholick
Doctrines
.
Anno
1606
,
A
Petition
from
the
Lower
House
of
Convocation
to
King
Iames
,
against
Prohibitions
.
This
too
the
Reader
will
find
with
the
others
in
the
Appendix
[
†
](A26154-e35760-b)
†
Numb
.
VI.
.
Nay
,
even
the
Assembly
of
Divines
it self
,
tho'
it
was
more
strictly
ty'd
up
by
the
Ordinance
of
Parliament
[
‖
](A26154-e35810-b)
‖
See
it
Rushw.
3.
part
,
Vol.
2.
p.
328.
,
than
ever
any
Convocation
was
by
their
Commission
(
for
there
were
Negative
words
in
that
Ordinance
,
which
impower'd
'em
to
Treat
and
Confer
of
such
Matters
and
Things
as
should
be
propos'd
to
'em
,
and
no
other
)
yet
did
not
think
themselves
restrain'd
from
Petitioning
,
and
proposing
several
Heads
of
Reformation
to
the
Parliament
.
See
'em
,
Ibid.
p.
344.
The
Clergy
in
Convocation
were
not
us'd
only
to
be
Petitioners
themselves
,
they
were
also
some
times
address'd
to
in
the
same
way
by
others
;
either
by
their
Brethren
of
the
Establisht
Clergy
,
or
by
those
of
the
Separation
.
Of
the
former
I
have
seen
an
Instance
in
Manuscript
,
being
a
Petition
from
the
London
-
Ministers
[
*
](A26154-e35930-b)
*
See
Cat.
MSS.
in
Bibl.
Bodl.
n.
8494.
.
The
Direction
of
it
is
,
To
the
Reverend
Fathers
in
God
the
Lords
Bishops
,
and
the
Rest
of
the
Convocation
.
It
is
said
in
the
Manuscript
,
to
have
been
read
and
committed
,
Febr.
10.
1580.
Of
the
Latter
several
Mentions
,
and
Accounts
remain
,
tho'
the
Petitions
themselves
be
lost
.
For
Example
,
In
Queen
Elizabeth's
time
those
who
were
then
call'd
the
Puritans
,
Petition'd
the
Convocation
,
as
appears
from
a
Passage
in
one
of
their
Books
,
thus
quoted
by
Bishop
Bancroft
[
*
](A26154-e36020-b)
*
Dang
.
Posit
.
L.
4.
c.
4.
p.
140.
,
We
have
sought
,
say
they
,
to
advance
the
Cause
of
God
by
Humble
Suit
to
the
Parliament
,
by
Supplication
to
your
Convocation-house
,
&c.
And
whether
it
be
this
,
or
some
other
Petition
of
theirs
that
is
refer'd
to
in
a
Manuscript
Justification
[
†
](A26154-e36090-b)
†
See
Cat.
MSS.
in
Bibl.
Bodl.
n.
1987.
of
the
Mille-manus
Petition
to
King
Iames
,
I
cannot
tell
;
but
these
words
occur
in
it
,
—
We
have
often
and
in
many
Treatises
declar'd
,
[
our
Objections
against
the
Liturgy
]
at
large
,
and
namely
in
a
Petition
,
which
Four
Godly
,
Grave
,
and
Learned
Preachers
offer'd
in
our
Names
to
the
Convocation-house
.
A
yet
greater
Liberty
than
any
I
have
mention'd
was
taken
by
the
Clergy
in
that
Long
Address
[
miscalled
by
Fuller
[
‖
](A26154-e36170-b)
‖
P.
208.
the
Protestation
]
which
the
Lower
House
offered
to
Henry
the
Eighth
himself
,
after
the
passing
of
the
Statute
;
or
in
that
other
very
long
one
to
the
Upper
House
in
Queen
Mary's
time
[
*
](A26154-e36220-b)
*
Hist.
Ref.
part
2.
B.
2.
Coll.
n.
16.
.
In
the
first
we
have
an
Instance
of
very
Free
Convocational
Representations
,
and
of
yet
freer
Petitions
in
the
Latter
;
for
it
attempts
not
only
Canons
,
but
Acts
of
Parliament
;
and
particularly
prays
[
†
](A26154-e36290-b)
†
Art.
10.
,
that
the
Statute
of
which
we
have
been
speaking
,
may
be
repealed
.
But
the
Clergy
no
more
stand
in
need
of
these
Instances
,
than
they
would
joyn
in
these
Designs
and
Petitions
.
The
Statute
of
Submission
is
none
of
their
Grievances
,
nor
do
they
ask
,
or
wish
a
Repeal
of
it
:
They
desire
only
that
it
may
not
have
an
Unnatural
and
Illegal
Construction
put
upon
it
;
and
that
they
may
be
bound
up
no
otherwise
by
it
,
than
the
Submitters
themselves
were
.
They
know
indeed
,
that
the
Reflection
which
a
Right
Reverend
Member
of
theirs
once
made
upon
this
Statute
was
,
That
the
Extreme
of
raising
the
Ecclesiastical
Power
too
high
in
the
Times
of
Popery
,
had
now
produced
another
of
depressing
it
too
much
:
So
seldom
is
the
Counterpoize
so
justly
Ballanced
,
that
Extremes
are
reduced
to
a
well-tempered
Mediocrity
[
*
](A26154-e36330-b)
*
Bishop
Burnet
's
Hist.
Vol.
2.
pp.
49
,
50.
.
But
as
they
are
not
sure
that
this
is
his
Lordship's
present
Opinion
,
so
they
are
certain
it
is
none
of
Theirs
:
for
they
think
their
Power
as
Great
as
it
need
to
be
,
if
it
be
not
made
less
than
it
really
is
.
Had
they
lived
indeed
in
Henry
the
Eighth's
time
,
they
should
not
perhaps
have
humoured
his
Imperious
Temper
so
far
,
as
to
have
made
that
mean
Submission
,
or
tamely
to
have
given
up
any
one
Legal
Priviledge
,
which
belonged
to
the
Body
,
and
was
not
inconsistent
with
the
Good
of
their
Country
.
But
since
it
was
made
,
and
Enacted
,
they
know
how
,
like
Good
Englishmen
,
and
Good
Subjects
,
chearfully
to
obey
it
.
Only
they
can
never
submit
to
such
a
sense
of
the
Submission
as
was
never
intended
,
nor
throughout
that
Age
,
wherein
it
was
made
,
ever
practised
.
This
would
be
a
much
meaner
part
in
them
,
than
the
first
Act
was
in
their
Ancestors
:
whose
Religion
was
all
Submission
and
Slavery
;
and
it
is
no
wonder
therefore
that
the
Fetters
prepar'd
for
them
sat
so
easily
upon
them
.
But
in
a
Protestant
Clergy
,
the
profess'd
Assertors
of
the
Just
Freedoms
and
Rights
of
Mankind
in
Religious
affairs
,
and
who
have
been
more
than
once
Instrumental
in
shaking
off
Yokes
of
every
kind
from
the
Necks
of
Englishmen
,
such
Illegal
Complyances
would
be
inexcusable
.
In
short
,
they
have
,
and
they
own
that
they
have
,
great
reason
to
be
content
with
the
Priviledges
which
the
Law
has
clearly
marked
out
to
them
;
and
the
Great
Petition
they
have
to
offer
is
,
that
they
may
be
permitted
to
enjoy
them
.
If
their
Predecessors
were
struck
with
a
Panick
Fear
,
at
the
very
sound
of
a
Premunire
,
in
a
Reign
when
the
Laity
too
trembled
at
the
Noise
of
Thunder
from
Above
;
yet
their
Present
Successors
may
not
be
e'er
the
less
Dutiful
,
tho'
they
are
not
quite
so
much
frighted
:
as
having
the
happiness
to
live
in
a
Time
when
the
Priviledges
and
Rights
of
the
English
Subject
are
more
clearly
understood
,
and
much
better
secured
.
Upon
the
whole
then
it
appears
,
That
the
Clergy
Commoners
have
all
along
had
an
undoubted
Right
of
being
frequently
assembled
,
and
particularly
by
the
Law
of
England
,
as
often
as
a
New
Parliament
is
call'd
.
That
being
assembled
,
they
had
antiently
a
Right
of
framing
Canons
,
and
doing
several
Synodical
Acts
(
not
inconsistent
with
the
Law
of
their
Country
)
without
expecting
the
Prince's
Leave
for
entring
on
such
Debates
,
or
making
such
Decrees
.
That
the
25
H.
8.
c.
19.
has
not
in
the
least
infringed
this
Right
,
as
far
as
the
Lower
Clergy
are
concerned
in
it
.
That
the
Limitations
there
made
to
the
Exercise
of
it
chiefly
concern
the
Archbishop
of
either
Province
,
who
is
now
restrain'd
,
as
from
calling
a
Convocation
without
the
King
's
Writ
,
so
from
Passing
or
Ratifying
any
Canon
without
the
Royal
License
,
and
from
Promulging
the
same
by
his
Own
Authority
.
That
the
Inferior
Clergy
are
no
otherwise
concerned
,
than
to
take
care
that
they
give
their
Consent
to
no
Canon
fram'd
by
themselves
,
or
sent
from
the
Upper
House
,
otherwise
than
with
Submission
to
the
Royal
Pleasure
;
if
the
King's
License
and
Assent
be
not
before
obtained
.
That
they
are
left
therefore
intirely
at
their
Liberty
to
Confer
and
Deliberate
even
about
New
Canons
;
and
also
to
Devise
,
Frame
,
and
Offer
them
to
the
Upper
House
;
if
with
a
Protestation
annexed
,
that
they
are
neither
intended
nor
desir'd
to
be
enacted
without
the
King's
License
.
Much
more
,
that
there
remains
to
'em
a
Liberty
of
Petitioning
,
either
that
Old
Canons
may
be
executed
,
or
New
Ones
made
according
to
Law
,
and
to
such
Purposes
as
the
Petitioners
shall
suggest
;
or
of
representing
their
Humble
Opinions
concerning
the
Affairs
of
the
Church
,
and
of
Religion
;
and
,
if
need
be
,
beseeching
a
Redress
,
at
least
in
General
Terms
.
This
,
I
take
it
,
is
their
Undoubted
Priviledge
,
and
would
be
used
by
them
on
Great
Occasions
,
with
the
same
Prudence
and
Temper
that
their
Predecessors
are
known
to
have
practised
;
who
,
when
they
met
without
Interruption
,
were
so
cautious
of
giving
no
unnecessary
Trouble
either
to
Church
or
State
,
that
they
were
more
complained
of
,
in
some
Reigns
,
for
sitting
still
,
than
for
stirring
.
By
this
time
the
Reader
sees
,
that
the
Reason
given
for
the
Clergy's
not
Meeting
,
because
,
when
met
,
and
formed
into
a
Body
,
they
can
do
nothing
,
is
a
strange
one
.
For
,
supposing
'em
to
be
tyed
up
never
so
strictly
in
their
Decre●ing
Capacity
,
yet
surely
it
does
not
follow
,
that
they
can
do
nothing
,
because
they
cannot
Make
or
Attempt
a
Canon
.
Is
it
nothing
to
speak
the
sense
of
the
whole
Clergy
of
the
Kingdom
in
matters
proper
for
them
to
intermeddle
in
?
is
it
nothing
to
Petition
,
Advise
,
Address
,
Represent
;
to
give
their
Judgment
,
where
it
may
be
desired
,
or
their
Censure
where
it
may
be
needful
?
Is
it
nothing
,
with
a
Dutiful
and
Discreet
Zeal
to
suggest
the
fittest
Methods
of
securing
the
Christian
Faith
,
of
preventing
the
Revival
of
Old
Heresies
and
Errors
,
and
the
Growth
of
New
Ones
?
Is
it
nothing
to
do
that
,
which
anciently
,
when
Bills
began
by
Petition
,
was
the
Great
Priviledge
of
one
Great
Part
of
the
Legislature
,
the
House
of
Commons
?
I
had
thought
that
,
while
they
had
this
at
least
(
tho'
they
should
have
no
more
than
this
)
to
do
,
they
had
not
nothing
to
do
;
but
rather
a
very
Great
and
Necessary
Work
.
And
whether
such
Applications
are
necessary
,
should
,
I
suppose
,
be
left
to
the
Convocation
it self
,
to
determine
;
tho'
others
afterwards
may
either
second
,
or
reject
these
Applications
;
who
may
in
these
Cases
have
the
Power
of
Judging
,
but
not
of
Prejudging
the
Actions
of
a
Lawful
Assembly
:
much
less
have
they
the
Power
of
precondemning
the
very
Being
of
such
an
Assembly
,
because
they
foresee
not
what
may
be
done
in
it
.
In
truth
,
whatever
may
be
pretended
of
the
Convocations
being
able
to
do
nothing
,
yet
their
not
being
allowed
to
Meet
is
a
shrewd
sign
,
that
they
can
,
when
met
,
do
something
;
and
that
they
of
the
Clergy
,
who
oppose
their
Meeting
,
are
themselves
of
that
Opinion
:
for
were
their
Mouths
really
shut
,
and
their
Hands
ty'd
to
that
Degree
they
are
represented
to
be
,
there
could
certainly
be
no
Inconvenience
in
trusting
such
an
Harmless
Body
of
Men
together
,
nor
would
it
be
worth
while
to
break
through
Antient
and
Received
Practice
in
order
to
prevent
their
Assembling
.
The
Innovation
made
in
these
matters
has
begun
within
these
Ten
Years
last
past
.
For
tho'
it
has
been
usual
to
adjourn
Convocations
,
a
few
days
after
they
had
met
and
sat
,
when
there
was
little
or
no
business
to
do
;
yet
it
was
never
till
this
time
known
that
a
Convocation
was
adjourned
before
it
sat
;
that
is
indeed
,
before
it
was
a
Convocation
.
This
New
Practise
(
which
Dr.
Wake
,
in
my
Opinion
,
by
as
New
Law
justifies
)
we
know
the
Date
of
;
and
have
reason
therefore
to
obviate
it
,
while
it
is
New
;
and
to
take
some
care
that
it
may
not
in
a
little
time
be
able
to
plead
a
Quiet
Prescription
.
The
Clergy
betray
their
Priviledges
,
if
they
lye
still
under
the
Publication
of
such
Oppressive
Schemes
,
without
as
Open
a
Disavowal
of
them
,
and
without
expressing
their
Detestation
of
the
Meanness
of
the
Publisher
.
They
deserve
to
be
used
as
ill
as
their
Open
Adversaries
,
or
their
False
Friends
would
have
them
used
,
if
they
can
suffer
their
most
Valuable
Right
to
be
thus
torn
from
'em
,
in
Print
,
without
the
least
struggle
for
it
.
The
Virgin
in
the
Law
of
God
was
judg'd
consenting
to
the
Rape
,
who
did
not
cry
out
,
when
Help
was
near
,
and
was
order'd
therefore
to
be
stoned
together
with
her
Ravisher
.
To
prevent
such
an
Imputation
upon
the
Church
,
and
the
sad
Consequences
of
it
,
her
True
Sons
,
were
they
as
Rash
as
they
are
represented
to
be
,
would
e'er
this
have
shewed
themselves
against
this
New
Advocate
,
in
a
more
Open
Manner
,
and
in
somewhat
Greater
Numbers
than
they
have
hitherto
done
;
and
might
perhaps
,
for
that
End
(
could
they
no
otherwise
be
heard
)
have
interposed
a
Subscribed
Protestation
from
their
whole
Body
.
But
if
this
way
of
gathering
scattered
Hands
would
seem
disorderly
,
and
unsuitable
to
their
Characters
,
and
prove
dangerous
,
it
may
be
,
to
the
Persons
engaging
in
it
;
the
more
reason
still
have
they
to
esteem
and
assert
the
Priviledge
of
being
Legally
assembled
,
and
put
into
such
a
condition
,
as
to
be
able
duly
and
safely
to
make
their
just
Complaints
,
and
represent
their
Grievances
.
CHAP.
IV.
HAving
largely
shewed
what
the
Two
Great
Convocation-Rights
are
,
which
I
proposed
to
Treat
of
,
and
withal
offered
the
several
Chief
Evidences
and
Proofs
on
which
I
build
'em
;
my
Method
laid
down
leads
me
in
the
next
place
to
consider
the
Exceptions
of
all
sorts
which
have
been
made
to
this
Claim
,
by
some
Late
Writers
,
pretending
to
answer
the
Letter
to
a
Convocation
Man
;
particularly
by
the
Author
of
a
Letter
to
a
Member
of
Parliament
,
and
by
Dr.
Wake
,
in
his
Book
intitled
,
The
Authority
of
Christian
Princes
over
their
Ecclesiastical
Synods
asserted
,
&c.
This
Book
being
written
by
a
Person
of
some
Station
in
the
Church
,
and
,
as
is
pretended
,
under
the
Cover
of
a
Great
Authority
,
deserves
to
be
examined
with
a
more
than
ordinary
care
;
which
accordingly
I
have
resolved
to
bestow
upon
it
.
Dr.
Wake
indeed
has
a
Peculiar
Talent
at
enlarging
on
a
Controversie
;
the
shortest
Point
,
when
it
comes
under
his
Fruitful
Pen
,
immediately
improves
into
a
Volume
.
I
shall
not
so
far
follow
his
Example
,
as
to
trace
all
he
has
said
▪
step
by
step
,
and
Page
by
Page
;
and
take
every
Opportunity
that
he
has
given
me
of
laying
open
his
misapplied
Reading
,
and
mistaken
Reasonings
:
That
would
be
an
Endless
Task
,
which
I
have
no
leisure
for
,
neither
does
the
Cause
require
it
,
nor
would
the
Reader
bear
it
.
I
shall
endeavour
therefore
,
as
much
as
I
am
able
,
to
shorten
this
Debate
;
and
in
order
to
it
,
shall
first
of
all
make
some
General
Reflections
upon
his
way
of
managing
it
:
wherein
I
shall
shew
,
how
very
little
there
is
in
his
Tedious
Work
,
that
really
concerns
the
Point
disputed
;
and
how
much
of
it
is
written
against
no
body
,
and
for
no
End
in
the
World
,
that
I
can
see
,
but
the
Pleasure
of
Emptying
his
Common-Place-Book
.
I
may
very
aptly
apply
to
him
,
what
Bishop
Andrews
said
of
a
much
Greater
Adversary
:
Etsi
nobis
lis
nulla
de
Regiâ
in
Ecclesiasticis
Potestate
—
tamen
exorari
non
potest
Tortus
quin
in
Campum
exeat
istius
Controversiae
;
&
,
ubi
quaestio
nobis
nulla
de
eâ
re
,
ostendat
tamen
nobis
Testes
minimè
necessarios
.
Explicare
scilicet
voluit
Opes
suas
,
&
ostendere
quae
habebat
in
Adversariis
suis.
Habebat
autem
ad
hanc
rem
nonnulla
,
si
incidisset
alicubi
:
Iam
quia
non
incidit
,
occasionem
arripit
non
valdè
idoneam
ea
quoquo
modo
proferendi
.
Vult
enim
Lectorem
videre
quàm
Cupressum
pingat
eleganter
[
*
](A26154-e36860-b)
*
Tortura
Torti
,
p.
169
,
.
I
shall
not
,
I
hope
,
be
thought
impertinent
in
displaying
these
Impertinences
of
his
;
which
I
shall
do
in
as
narrow
a
compass
,
and
under
as
few
Heads
of
Observation
,
as
the
variety
of
the
matter
will
admit
of
.
And
I.
I
observe
,
that
Dr.
Wake
has
put
himself
to
a
great
deal
of
needless
pains
to
prove
a
Point
,
which
he
might
,
if
he
pleased
,
have
taken
for
granted
;
that
every
Christian
Prince
,
and
Ours
in
particular
,
has
an
Ecclesiastical
Supremacy
;
and
that
the
Clergy
are
not
,
by
a
Divine
Right
intitled
to
transact
Church-affairs
in
Synods
,
as
they
please
,
and
as
often
as
they
please
,
without
any
regard
to
the
Civil
Christian
Power
that
they
live
under
.
Many
of
those
numerous
Instances
he
has
produced
of
Princes
intermedling
with
Church-matters
,
here
at
home
,
or
abroad
,
are
designed
only
to
assert
this
Great
Truth
:
which
however
is
a
Point
that
he
needed
not
to
have
laboured
so
heartily
,
because
no
Church
of
England
man
ever
denied
it
:
not
the
Man
he
writes
against
,
I
am
sure
;
who
says
only
(
and
what
he
says
I
shall
not
fear
to
say
after
him
)
that
the
Civil
and
Spiritual
Powers
are
distinct
in
their
End
and
Nature
,
Lett.
to
a
Conv.
Man
,
pp.
17
,
18.
and
therefore
ought
to
be
so
in
their
Exercise
too
.
The
One
relates
to
the
Peace
,
Order
,
Health
,
and
Prosperity
of
the
Man
in
this
Life
,
as
a
Sociable
Creature
;
the
other
concerns
his
Eternal
State
,
and
his
Thoughts
,
Words
,
and
Actions
preparative
thereto
:
The
first
is
common
to
all
Societies
,
whether
Pagan
,
or
Christian
;
the
Latter
can
rightly
be
exercised
among
Christians
only
;
and
among
them
,
not
as
inclosed
within
any
Civil
State
or
Community
,
but
as
Members
of
a
Spiritual
Society
,
of
which
Iesus
Christ
is
the
Head
;
who
has
also
given
out
Laws
,
and
appointed
a
standing
Succession
of
Officers
under
himself
for
the
Government
of
this
Society
.
And
these
Ministers
of
his
did
actually
govern
it
by
these
Powers
committed
to
them
from
him
,
for
near
300
years
before
any
Government
was
Christian.
From
whence
,
says
he
,
it
follows
,
that
such
Spiritual
Iurisdiction
cannot
be
in
its
nature
necessarily
dependent
on
the
Temporal
:
for
then
it
could
never
have
been
lawfully
exercised
,
till
Kings
,
States
,
and
Potentates
became
Christian.
And
agen
in
another
place
,
—
This
Power
having
been
claimed
and
exercised
by
the
Apostles
and
their
Successors
,
without
any
Regard
,
nay
in
Opposition
to
the
Heathen
Temporal
Authority
,
is
therefore
,
we
say
,
not
necessarily
in
its
own
nature
dependent
on
such
Authority
[
†
](A26154-e36980-b)
†
P.
19
,
20.
.
Than
which
Reasoning
nothing
certainly
can
be
more
just
;
nor
could
that
Writer
have
expressed
himself
with
more
Caution
and
Guard
upon
so
nice
an
Occasion
.
Dr.
Wake
seems
here
to
have
apprehended
him
,
as
if
he
had
affirm'd
,
that
Princes
have
nothing
to
do
in
Church-matters
;
the
Management
of
which
lyes
without
their
Sphere
,
and
no
ways
depends
on
Their
Authority
.
But
no
Man
living
could
have
struck
this
sense
out
of
his
words
,
that
was
not
either
very
Blind
,
or
very
willing
,
for
some
small
End
or
other
,
to
misunderstand
him
.
Cannot
this
mighty
Controvertist
distinguish
between
Denying
the
Exercise
of
Ecclesiastical
Power
to
be
necessarily
dependent
on
the
Temporal
,
and
affirming
it
to
be
necessarily
independent
upon
it
?
Does
he
not
see
a
difference
between
saying
,
that
the
Church
may
subsist
without
the
State
,
and
that
the
State
has
nothing
to
do
in
the
Government
of
the
Church
?
If
he
does
not
,
he
ought
to
forbear
tampering
in
Disputes
of
this
kind
,
till
his
Judgment
is
better
,
and
his
Head
clearer
.
But
if
,
seeing
this
difference
,
he
yet
resolved
to
take
no
notice
of
it
;
either
because
he
had
made
Collections
some
time
of
his
Life
about
the
Supremacy
,
and
was
resolved
to
take
this
Opportunity
of
giving
himself
the
Credit
of
them
;
or
because
he
saw
it
would
be
of
use
to
him
,
to
have
the
Writer
he
appears
against
represented
under
as
Invidious
Colours
,
and
his
Opinions
loaded
with
as
much
weight
as
was
possible
:
if
this
were
the
Case
,
it
must
be
allowed
him
,
that
there
was
some
little
Art
,
tho'
,
I
think
,
no
very
great
share
of
Honesty
in
his
Management
.
'T
is
true
,
the
Letter
to
a
Convocation-man
,
immediately
after
the
last
words
I
transcribed
from
it
,
adds
,
And
if
we
should
say
further
,
that
this
Society
has
an
Inherent
and
Unalterable
Right
to
the
Exercise
of
this
Power
;
it
would
be
no
more
than
what
every
Sect
or
Party
among
us
claims
,
and
practises
,
&c.
But
Dr.
Wake
could
not
with
any
colour
lay
hold
of
this
Passage
as
asserting
the
Independency
of
the
Church
on
the
State
:
for
,
besides
that
it
is
only
a
way
of
arguing
drawn
from
other
Mens
Principles
;
it
is
a
few
Lines
afterwards
expresly
retracted
,
and
qualifyed
:
But
this
,
says
he
,
is
what
at
the
present
we
neither
do
,
nor
need
say
.
Notwithstanding
which
Dr.
Wake
is
resolved
that
this
he
shall
say
,
and
maintain
;
and
supposing
it
therefore
to
be
his
avow'd
Opinion
,
draws
down
all
his
strength
,
and
sets
his
Quotations
in
Array
against
it
.
From
Fathers
and
Councils
,
from
Antient
and
Modern
Writers
,
our
Own
and
Foreign
Historians
he
learnedly
proves
,
that
the
Church-power
in
a
Christian
Commonwealth
is
to
be
exercised
in
Subordination
to
the
State
;
that
Princes
have
of
right
all
along
called
Councels
and
dissolved
them
,
have
hindred
the
Execution
of
some
Ecclesiastical
Canons
which
were
prejudicial
to
their
Kingdom
,
and
given
the
Civil
Sanction
to
others
—
and
a
great
deal
more
of
this
kind
they
have
and
may
do
;
and
must
be
allowed
therefore
a
Supremacy
in
Ecclesiastical
Affairs
,
and
over
Ecclesiastical
Persons
.
And
what
if
they
be
?
Is
there
a
Line
in
that
Book
he
opposes
,
but
what
will
stand
good
,
notwithstanding
all
this
were
made
out
never
so
irrefragably
?
This
is
bringing
the
Great
Engines
of
Battery
against
a
Place
,
which
he
might
have
marched
directly
into
without
Opposition
〈◊〉
Enemy
having
never
undertaken
to
defend
〈◊〉
Qui
operosè
probant
,
&c.
(
says
Grotius
or
some
such
sly
Dealers
in
this
very
Controversy
)
stultum
sibi
fingunt
Adversarium
,
de
quo
facilè
triumphent
[
*
](A26154-e37140-b)
*
De
Imp.
Summar
.
Pot.
circa
Sacra
.
.
Dr.
Wake
,
with
great
Modesty
advises
his
Learned
Adversary
,
Not
to
increase
the
Necessary
Bulk
of
their
Dispute
by
alledging
passages
out
of
the
Antient
Fathers
,
to
prove
that
which
neither
of
'em
make
any
doubt
of
[
†
](A26154-e37170-b)
†
Appeal
.
Pref.
p.
XXI
.
.
Had
he
given
this
Advice
first
to
Himself
,
and
taken
it
,
his
Huge
Performance
had
shrunk
away
into
a
few
Pages
,
and
been
as
inconsiderable
for
its
Bulk
,
as
it
is
for
the
Importance
of
the
matter
contained
in
it
.
II.
A
second
Instance
,
wherein
Dr.
Wake
has
spent
his
Learned
Pains
to
no
purpose
,
is
in
the
Tedious
Account
he
has
given
us
of
the
Power
exercised
by
Princes
,
in
relation
to
General
Councils
,
and
the
Greater
Church-Assemblies
.
These
Researches
(
as
he
calls
'em
)
might
well
have
been
spar'd
,
upon
a
double
account
;
both
because
the
matter
of
'em
lyes
not
very
deep
,
and
can
be
no
News
to
any
Man
that
has
but
once
touched
on
this
Controversy
[
‖
](A26154-e37220-b)
‖
Veteramenta
omnia
,
detrita
jam
&
repetita
millies
,
says
Bishop
Andrews
,
(
Tort.
Tort.
p.
173.
)
of
some
of
those
very
Instances
,
which
90
Years
ago
,
it
seems
,
were
grown
stale
;
tho
Dr.
Wake
produces
'em
now
with
such
Pomp
and
Pleasure
.
;
and
because
his
Reading
of
this
kind
,
tho'
never
so
hard
to
come
at
,
yet
is
nothing
to
the
purpose
.
For
the
Dispute
turns
on
Provincial
Synods
only
,
and
the
Rights
which
the
Church
lays
claim
to
in
relation
to
Them
:
and
it
is
no
Proof
,
or
Disproof
of
these
Rights
to
shew
,
what
the
Practice
of
Princes
has
been
in
convening
and
presiding
over
General
Councils
,
which
are
Meetings
of
another
Nature
,
and
Original
,
and
subject
to
quite
different
Laws
and
Usages
.
By
Provincial
Councils
the
Church
was
govern'd
,
and
in
such
Councils
all
the
Great
Affairs
of
it
were
transacted
for
some
hundreds
of
Years
before
the
Empire
became
Christian
;
whereas
General
Councils
owe
their
very
Being
to
the
Civil
Power
,
without
the
Express
Allowance
and
Encouragement
of
which
,
after
Christianity
had
once
spread
it self
wide
,
they
never
did
,
or
could
assemble
.
The
Times
when
Provincial
Synods
were
to
meet
,
the
Persons
that
were
to
compose
them
,
and
preside
in
them
,
the
Causes
that
were
to
come
before
them
,
and
the
manner
of
deciding
those
Causes
,
and
of
enforcing
Obedience
to
their
Decisions
by
Spiritual
Censures
,
&c.
these
were
all
things
fully
agreed
on
and
determin'd
by
the
Rules
of
the
Church
,
while
it
subsisted
independently
of
the
State
:
and
when
Constantine
therefore
by
embracing
the
Faith
became
its
Protector
,
he
only
confirm'd
those
Antient
Usages
to
the
Church
,
which
she
was
in
possession
of
;
He
left
the
Practice
of
the
Church
just
as
he
found
it
:
only
what
was
before
an
Ecclesiastical
Rule
,
he
made
a
Civil
Right
,
and
a
Law
of
the
Empire
.
Not
so
,
as
to
General
Councils
;
the
Church
had
no
Custom
,
no
Prescription
to
plead
,
in
relation
to
Them
;
they
were
Then
first
to
be
set
up
by
the
Civil
Power
,
framed
,
and
moulded
[
*
](A26154-e37380-b)
*
L.
M.
P.
Proves
a
Convocation
not
to
be
incident
to
a
National
Church
,
by
a
passage
in
the
Preface
to
Aelfricus
's
Canons
;
where
he
finds
it
said
,
that
the
Christian
Church
for
the
first
300
years
had
no
Convocation
,
p.
46.
Can
one
imagin
it
possible
for
a
Man
to
be
in
the
Dark
to
that
Degree
,
as
not
to
know
,
that
this
was
meant
of
General
Councils
?
But
his
Skill
in
Ecclesiastical
History
,
it
seems
,
goes
no
further
than
Lambert
.
:
and
no
wonder
therefore
if
the
Method
of
their
Meeting
and
Acting
was
regulated
,
in
some
of
its
chief
Circumstances
,
by
that
Power
which
gave
Birth
and
Establishment
to
them
.
The
First
of
these
Assemblies
that
ever
sat
,
provided
by
a
Canon
for
the
continuance
of
Provincial
Synods
upon
the
Foot
they
had
always
stood
:
and
this
Canon
was
reinforced
by
several
succeeding
General
Councils
,
was
ratified
by
the
several
Emperors
,
in
whose
Times
these
Councils
were
held
,
and
inserted
at
last
into
the
Code
of
the
Imperial
Laws
:
and
from
thenceforth
the
Synod
of
every
Province
was
as
Legal
an
Assembly
as
the
Senate
it self
;
had
a
right
,
at
stated
Times
,
to
be
Summoned
as
duly
,
and
to
act
within
its
proper
Sphere
as
freely
,
as
any
Civil
Convention
whatever
.
But
General
Councils
,
even
after
they
were
set
up
,
were
not
by
any
Law
thus
provided
for
;
they
were
in
their
nature
,
and
Institution
Occasional
Meetings
,
which
had
no
fixed
time
allotted
to
them
;
but
were
to
be
called
together
in
Extraordinary
Cases
only
,
and
when
the
Pressing
Exigences
of
the
Church
required
them
:
And
no
Bishop
Then
pretending
to
an
Authority
over
All
the
Rest
,
even
on
that
account
it
fell
acourse
to
the
Emperors
share
to
Convene
them
.
The
Assembling
of
so
many
Men
of
Rank
and
Character
from
so
many
Quarters
of
the
Empire
was
a
Power
that
could
safely
be
lodg'd
in
no
Hands
but
his
that
rul'd
it
:
He
was
to
be
Judge
,
when
such
a
vast
Confluence
was
fit
to
be
allow'd
,
and
how
far
it
consisted
with
the
Peace
of
the
State
;
at
what
Place
and
Time
the
Session
should
be
opened
,
and
how
long
it
should
continue
.
He
by
his
Officers
provided
for
the
safe
Conduct
of
the
Fathers
going
to
the
Council
,
and
returning
from
it
;
at
his
Expence
they
had
Reception
and
Entertainment
on
the
way
,
and
under
the
Security
of
his
Protection
they
met
and
consulted
.
The
Debates
of
such
a
Numerous
Assembly
must
have
been
very
disorderly
and
tumultuous
,
unless
conducted
by
a
Rule
;
which
no
single
Bishop
had
a
Right
to
prescribe
to
the
rest
,
and
which
could
not
therefore
come
so
properly
from
any
one
as
from
Him
that
Summon'd
them
.
And
that
this
Rule
might
be
sure
to
be
observ'd
,
it
was
requisite
,
that
the
Emperour
should
have
a
Place
in
their
Assembly
,
should
preside
over
,
and
moderate
their
Debates
,
either
in
Person
,
or
by
his
Deputies
,
as
he
saw
occasion
.
After
the
Fathers
had
come
to
Resolutions
,
and
framed
their
Canons
,
it
was
of
vast
Importance
to
'em
to
have
the
Secular
Power
ratifie
what
they
had
agreed
on
.
They
could
Authoritatively
declare
,
what
was
the
General
Sense
of
the
Church
on
such
and
such
Articles
;
but
to
procure
that
these
Decisions
should
be
generally
received
and
obeyed
in
all
Christian
Countries
,
could
no
ways
be
so
effectually
brought
about
as
by
Civil
Sanctions
and
Penalties
.
On
all
these
accounts
,
and
many
more
,
it
was
highly
reasonable
,
and
just
,
nay
necessary
almost
,
that
the
Imperial
Power
should
exert
it self
in
Appointing
the
Meetings
,
and
Governing
the
Debates
,
and
Confirming
the
Acts
of
General
Councils
.
But
was
there
the
same
Reason
and
Necessity
for
its
interposing
as
particularly
in
Provincial
Synods
also
,
which
were
Ordinary
Meetings
,
of
perpetual
and
standing
Use
in
the
Church
,
not
Numerous
,
or
Composed
of
Equals
,
but
of
Persons
living
at
no
Great
Distance
from
one
another
,
and
all
Subordinate
to
one
Ecclesiastical
Superior
?
Dr.
Wake
knows
in
his
Conscience
,
that
these
Circumstances
make
a
Wide
Difference
between
them
:
and
if
so
,
why
does
he
amuse
us
with
Large
Accounts
of
what
Emperors
have
done
,
and
been
allowed
to
do
,
in
relation
to
those
Great
and
Extraordinary
Meetings
,
the
Custom
of
which
makes
neither
for
nor
against
the
Rule
that
was
to
be
observed
in
these
Ordinary
Stated
ones
?
To
what
purpose
was
it
for
him
nauseously
to
transcribe
Labbée
for
fifty
Pages
together
upon
a
Common-place
,
which
has
been
so
often
and
so
thoroughly
exhausted
by
the
Writers
of
the
Last
Age
;
and
which
besides
is
of
no
manner
of
use
towards
determining
the
present
Dispute
?
Does
he
think
to
cover
the
want
of
proper
and
apposite
matter
by
such
loose
and
General
Reflections
as
these
?
Does
he
hope
to
make
his
Readers
lose
sight
of
the
Point
they
are
in
quest
of
,
in
that
Mist
of
Impertinent
Quotations
,
with
which
he
surrounds
'
em
?
The
Learned
Mr.
Hill
had
rightly
observed
,
that
what
Dr.
Wake
produces
[
*
](A26154-e37580-b)
*
P.
10.
from
Socrates
[
†
](A26154-e37600-b)
†
Hist.
Eccl.
Praef.
l.
iv
.
about
the
Emperor's
interposing
in
the
Greatest
Councils
,
was
of
no
weight
in
the
present
Argument
;
where
we
are
enquiring
,
what
the
Usage
and
Rights
of
the
Church
are
,
not
in
the
Greater
,
but
Lesser
Synods
;
which
go
by
quite
another
Rule
,
and
are
much
more
exempt
from
the
Interposition
of
the
Civil
Authority
.
Dr.
Wake
makes
a
Scornful
mention
of
this
Distinction
in
the
Preface
to
his
Appeal
[
*
](A26154-e37640-b)
*
P.
xxi
.
,
without
vouchsafing
to
give
any
Reply
to
it
:
which
was
discreetly
done
,
for
it
would
not
admit
of
any
.
The
Distinction
is
just
and
well
applyed
;
and
had
it
been
considered
by
Dr.
Wake
,
when
he
wrote
,
must
have
prevailed
with
him
to
withdraw
above
half
the
History
that
his
first
Chapter
is
filled
with
,
and
have
made
that
part
of
his
Work
look
no
more
Learned
,
than
it
really
is
.
Socrates
might
well
say
,
that
the
Greatest
Synods
were
held
always
at
the
Emperor's
Direction
;
but
he
knew
the
Lesser
were
not
,
and
therefore
omitted
the
mention
of
them
.
And
the
same
Caution
is
observed
in
one
of
our
XXXIX
.
Articles
[
†
](A26154-e37720-b)
†
Art.
21.
;
where
it
is
affirmed
indeed
,
that
General
Councils
may
not
be
gather'd
[
upon
any
Occasion
,
in
any
Circumstances
]
without
the
Commandment
and
Will
of
Princes
:
But
of
Provincial
Councils
nothing
is
said
.
However
the
Churches
Caution
in
Wording
her
Decision
is
not
greater
than
Dr.
Wake
's
in
citing
it
,
who
has
,
thoughout
his
first
Book
,
made
,
as
I
remember
,
but
one
slight
and
General
mention
[
‖
](A26154-e37770-b)
‖
P.
10.
of
this
Article
,
without
producing
the
words
of
it
;
which
he
knew
would
go
near
to
suggest
a
Distinction
,
that
it
was
not
to
his
purpose
to
have
observed
.
Indeed
the
Canons
of
1640
seem
,
and
only
seem
,
to
go
further
;
for
in
truth
they
do
not
.
the
Power
of
calling
both
National
and
Provincial
Councils
is
the
true
Right
of
all
Christian
Kings
within
their
own
Realms
and
Territories
;
but
say
not
,
that
this
is
the
Right
of
Kings
alone
,
so
that
no
other
Person
or
Persons
can
in
any
Circumstances
whatever
claim
or
use
it
:
on
the
contrary
,
they
plainly
teach
,
that
where
the
Prince
is
not
Christian
,
the
Prelates
of
the
Church
may
rightfully
use
this
Power
;
so
it
be
with
Submission
to
the
Civil
Penalties
and
Punishments
that
may
attend
'em
on
that
account
!
and
they
intimate
the
Case
to
be
the
same
under
a
Christian
Persecuting
Prince
,
tho'
it
was
not
so
Decent
openly
to
express
it
.
The
Canon
and
the
Article
therefore
are
perfectly
consistent
,
and
both
are
drawn
up
with
that
Moderation
,
and
Guard
,
as
to
give
the
Prince
what
is
His
Due
,
and
yet
not
to
deprive
the
Church
of
what
may
be
Hers
;
but
to
leave
the
way
open
to
the
Exercise
of
the
same
Power
that
she
claimed
and
practised
,
before
Princes
came
in
to
the
Faith
,
if
there
should
ever
be
the
fame
Occasion
for
it
;
which
I
hope
there
never
will
.
And
this
Canon
too
was
not
,
it
seems
,
thought
worthy
to
accompany
Dr.
Wake
's
Other
Collections
;
where
Foreign
and
far
fetched
Authorities
take
up
his
Pen
so
much
,
that
he
had
not
room
to
consider
what
had
been
said
here
at
Home
upon
the
Subject
;
no
,
not
in
a
Work
written
on
purpose
to
clear
and
to
assert
the
Doctrine
of
the
Church
of
England
.
But
we
are
not
to
wonder
at
it
:
for
the
same
Happy
Talent
of
Mind
,
which
makes
a
Man
abound
in
what
is
Trivial
,
makes
him
Defective
also
in
what
is
Material
.
All
that
Dr.
Wake
can
say
for
his
way
of
arguing
is
,
that
he
has
in
it
traced
the
Steps
of
some
of
our
Greatest
Writers
,
who
treating
of
the
Supremacy
,
derive
the
Proofs
of
it
from
the
same
Sources
he
has
done
,
and
frequently
give
Instances
of
the
Powers
exercised
by
Princes
over
the
Greatest
and
most
General
Assemblies
;
as
appears
from
that
Collection
of
Authorities
which
he
has
made
in
his
Appeal
.
But
this
will
not
justifie
him
:
for
those
Writers
,
whose
Pattern
he
pretends
to
follow
,
had
to
do
with
such
Adversaries
as
quite
shut
out
the
Civil
Power
from
interposing
in
Church-matters
:
Most
of
'em
being
engag'd
either
against
the
professed
Defenders
of
the
Papacy
,
[
as
Iewel
,
Bilson
,
Nowell
,
Mason
,
&c.
]
or
against
those
of
the
Rigid
Presbyterial
way
[
as
Whitgift
,
Hooker
,
Bancroft
,
Bramhall
,
&c.
were
]
In
Opposition
to
these
therefore
it
was
proper
to
shew
,
how
far
the
Practice
of
the
first
Christian
Emperors
was
consistent
with
such
Principles
.
And
whether
their
Instances
to
this
purpose
were
taken
from
the
Greater
or
Lesser
Church-meetings
,
from
Provincial
or
General
Councils
,
it
was
all
one
to
the
point
in
hand
,
and
made
equally
against
Those
whose
Doctrine
they
were
to
disprove
.
Not
so
in
Dr.
Wake
's
Case
,
who
,
when
he
wrote
his
First
Book
,
had
no
such
Adversary
to
deal
with
;
but
One
who
argued
altogether
upon
the
Bottom
of
a
Civil
Right
,
and
drew
his
Plea
purely
from
our
Domestick
Constitution
,
and
the
approved
Laws
and
Usages
of
the
Realm
.
When
Dr.
Wake
therefore
by
the
Authorities
produced
in
his
Last
Piece
would
excuse
the
Doctrine
laid
down
in
his
former
,
he
deals
unfairly
with
us
:
for
those
Authorities
justifie
only
that
part
of
his
Doctrine
which
was
foreign
to
the
Argument
;
they
being
Declarations
chiefly
of
the
General
Rights
and
Interests
of
Supreme
Christian
Powers
in
Ecclesiastical
Affairs
;
without
entring
into
the
Various
Restrictions
of
that
Right
,
which
the
Spiritual
Subjects
may
in
several
Places
be
intitled
to
by
the
Concessions
of
Princes
and
States
,
and
by
their
particular
Priviledges
and
Immunities
;
and
without
considering
nicely
,
Where
that
Supremacy
may
in
different
respects
be
said
to
be
lodg'd
;
and
Who
therefore
must
be
taken
in
as
Sharers
in
several
Acts
and
Branches
of
it
.
Which
Considerations
nevertheless
are
necessary
to
determine
the
just
Extents
of
our
Princes
Rights
in
this
Case
,
and
the
Measure
of
our
Obedience
;
as
will
hereafter
,
in
Due
Place
,
more
clearly
appear
.
In
these
Opinions
our
Old
Writers
had
an
Eye
to
the
Act
,
and
Oath
of
Supremacy
;
to
maintain
which
was
the
business
of
that
Age
,
in
which
they
wrote
:
and
their
words
therefore
must
be
understood
,
as
that
Oath
is
drawn
up
,
Negatively
,
not
Positively
;
that
is
,
as
denying
the
Usurpations
in
Ecclesiastical
Matters
,
that
have
been
made
,
or
attempted
,
from
without
,
upon
the
Crown
of
England
,
not
as
setling
the
exact
Boundaries
and
Limits
of
that
Supremacy
within
,
in
relation
either
to
those
who
are
to
govern
,
or
those
who
are
to
be
governed
by
it
:
which
is
a
Controversie
,
that
there
has
hitherto
been
but
little
said
of
,
and
indeed
but
little
Occasion
to
consider
;
and
which
could
not
therefore
be
setled
and
determined
by
such
Writers
,
as
lived
and
died
before
it
was
started
.
Dr.
Wake
's
Cloud
of
Witnesses
therefore
,
which
he
produces
in
his
Appeal
,
are
very
properly
such
;
for
they
serve
only
to
darken
and
confound
the
Point
we
are
in
pursuit
of
,
not
at
all
to
clear
it
.
They
are
such
a
Nubes
Testium
as
we
had
in
the
Late
Reign
for
Transubstantiation
[
and
other
Romish
Articles
]
where
the
Old
Fathers
were
vouched
by
whole-sale
for
a
Doctrine
,
that
came
not
upon
the
Stage
,
till
they
were
gone
off
it
.
And
much
the
same
Usage
have
the
Fathers
of
our
own
Church
had
from
the
Pen
of
this
Appellant
;
who
has
cited
'em
,
if
pertinently
,
to
Points
that
perhaps
they
never
heard
of
,
and
to
purposes
that
to
be
sure
they
never
dreamt
of
;
and
to
which
had
those
Excellent
Persons
foreseen
that
their
words
would
have
been
stretched
,
they
would
certainly
have
renounced
such
Consequences
,
or
rather
have
prevented
'em
,
by
expressing
themselves
more
warily
.
They
were
to
plead
for
the
Supremacy
of
Princes
against
Those
who
were
for
allowing
them
no
manner
of
Interest
in
Church-matters
:
and
what
wonder
is
it
,
if
in
the
warmth
of
this
Dispute
they
should
,
as
the
Fate
is
in
All
Controversies
,
have
sometimes
a
little
over-thought
or
over-expressed
themselves
,
and
have
laid
down
such
Positions
,
as
,
tho'
of
sound
Sense
,
when
opposed
to
the
Principles
of
those
against
whom
they
contended
;
yet
when
applyed
in
other
Cases
and
Circumstances
(
then
out
of
their
Thoughts
,
and
the
Debate
)
might
need
some
little
softning
?
Their
Great
Concern
was
to
secure
the
Royal
Prerogative
;
and
when
that
was
done
,
they
thought
their
own
Rights
and
Priviledges
would
be
secure
under
the
Shadow
of
it
.
These
they
were
then
in
a
full
Uninterrupted
Possession
of
,
without
apprehensions
that
a
Time
might
come
,
when
they
should
be
put
to
prove
their
Title
to
'em
;
and
when
that
Power
,
which
they
so
warmly
,
and
with
reason
,
pleaded
for
,
should
be
turn'd
upon
them
,
and
made
use
of
against
the
Maintainers
of
it
.
Much
less
did
they
suspect
,
that
ever
any
pretended
Son
of
the
Church
of
England
would
amass
together
all
the
Highest
Assertions
of
the
Regal
Supremacy
,
scattered
up
and
down
in
their
Writings
,
in
order
to
furnish
out
a
Plea
for
suppressing
the
Liberties
of
that
Church
;
and
on
purpose
to
prove
,
that
Convocations
were
(
what
the
Letter
to
a
Member
of
Parliament
sawcily
says
,
[
*
](A26154-e38160-b)
*
P.
26.
Bishops
are
)
the
Creatures
of
the
Crown
;
which
therefore
as
it
created
,
so
it
may
annihilate
at
its
pleasure
.
Such
kind
of
Books
indeed
were
written
Twelve
Years
ago
,
by
some
False
Members
of
our
Communion
,
to
make
way
for
those
Ill
Designs
that
were
then
on
foot
,
but
to
the
Eternal
Infamy
of
the
Writers
of
them
;
who
thought
to
find
their
particular
account
in
the
General
Ruin
of
that
Church
and
Constitution
to
which
they
belonged
;
but
were
,
God
be
thanked
,
every
way
defeated
in
Their
Expectations
.
There
is
not
,
't
is
true
,
so
much
Hazard
now
,
as
there
was
then
,
in
exalting
the
Regal
Power
;
when
we
live
under
a
Prince
,
who
is
too
Just
and
too
Clear
sighted
,
to
be
flattered
into
a
Misuse
of
his
Authority
.
However
,
no
Thanks
are
due
for
this
to
the
Flatterers
,
who
have
markt
out
the
Arbitrary
Scheme
;
and
it
is
no
fault
of
theirs
,
if
it
be
not
afterwards
followed
.
My
Indignation
at
such
Unworthy
and
Mean
Attempts
has
carried
me
away
into
Considerations
,
not
so
proper
for
this
place
,
and
led
me
a
little
from
a
strict
pursuit
of
my
Argument
.
I
left
it
,
where
I
was
shewing
,
how
weak
Dr.
Wake
's
way
of
reasoning
is
,
from
the
Powers
exercised
by
Princes
over
the
Greatest
Synods
,
to
their
interposing
equally
in
the
Less
.
He
himself
seems
to
be
sensible
of
it
;
and
therefore
,
to
prevent
this
Long
Chapter
of
his
being
One
Entire
Impertinence
,
has
sprinkled
up
and
down
in
it
a
few
Instances
of
the
Authority
of
Princes
over
their
Provincial
Synods
:
which
being
the
only
Instances
there
,
that
any
ways
affect
our
Argument
,
I
shall
not
think
much
to
consider
'
em
.
And
in
order
to
it
,
I
observe
,
III.
That
in
those
Few
Historical
Facts
,
which
seem
apposite
and
proper
,
he
either
manifestly
mistakes
National
,
for
Provincial
Synods
;
or
Extraordinary
Assemblies
,
for
Ordinary
and
stated
ones
;
or
conceals
some
Circumstances
relating
to
the
Story
of
those
Meetings
,
which
when
known
,
give
an
Easie
Account
how
the
Royal
Power
came
so
particularly
to
interpose
in
'
em
.
Several
of
the
Synods
which
he
calls
Provincial
,
were
undoubtedly
not
so
:
Others
,
which
were
,
yet
were
called
by
Princes
upon
Extraordinary
Emergences
,
and
do
no
ways
prejudice
the
Right
which
the
Church
then
had
of
assembling
ordinarily
at
set
times
,
without
a
Lay
Summons
.
For
wh●n
Princes
admitted
the
Canon
of
the
Nicene
Council
to
take
place
in
their
Kingdoms
,
and
allowed
the
Synods
of
every
Province
to
meet
twice
a
Year
in
vertue
of
it
,
they
did
not
by
that
preclude
themselves
from
calling
those
Synods
together
at
other
times
,
when
the
Circumstances
of
the
Church
or
State
should
require
them
.
They
parted
with
no
Power
that
they
had
to
Convene
such
Assemblies
,
but
only
gave
a
Liberty
to
the
Clergy
of
the
Province
to
meet
at
appointed
Times
,
whether
they
had
a
Royal
Command
for
it
,
or
no.
Besides
,
had
Dr.
Wake
intended
a
fair
state
of
this
Point
,
he
would
have
set
aside
all
those
Instances
of
Provincial
Councils
Summoned
by
Princes
,
where
those
Princes
exerted
their
Power
,
only
to
make
Metropolitans
,
who
were
remiss
,
do
their
Duty
,
and
obey
the
Canons
:
or
,
where
they
interposed
only
to
revive
the
Use
of
such
Meetings
,
which
had
been
under
a
long
Discontinuance
in
their
Kingdoms
;
and
when
they
had
done
so
,
lest
them
afterwards
to
their
Ordinary
Course
.
In
these
Cases
,
whatever
the
Prince
did
,
he
did
in
behalf
of
the
Churches
Rights
,
and
his
Act
ought
not
therefore
to
be
alledged
,
and
cannot
fairly
be
construed
to
their
prejudice
.
Nay
,
in
the
most
Ordinary
and
Regular
Assemblies
of
the
Province
,
should
any
mention
be
made
in
their
Acts
of
their
Meeting
by
the
Civil
Authority
;
yet
it
ought
to
be
considered
,
whether
at
the
same
Time
,
and
in
the
same
Acts
their
Right
of
meeting
by
the
Canons
also
be
not
claimed
.
For
if
it
be
,
the
Exercise
of
the
Regal
Power
in
such
Instances
is
no
Bar
to
those
Liberties
of
the
Church
,
which
are
at
the
same
time
expresly
asserted
and
maintained
.
Kings
may
order
their
Bishops
to
meet
,
when
those
Bishops
would
have
met
,
tho'
unordered
:
and
all
therefore
that
such
Bishops
,
when
met
,
could
do
,
to
secure
their
Ecclesiastical
Right
of
Meeting
,
was
to
mention
it
together
with
the
Royal
Precept
:
and
this
we
may
presume
'em
purposely
to
have
done
,
to
prevent
those
Precedents
being
drawn
into
Consequence
,
and
under
a
Prudent
Foresight
of
the
Ill
Uses
that
might
be
made
of
them
by
such
Betrayers
of
the
Church-Rights
as
our
Author
,
in
Future
Ages
.
These
Circumstances
should
have
been
considered
by
him
;
and
,
where
they
take
place
in
any
of
the
Instances
of
Provincial
Councils
he
alledges
,
acknowledged
.
But
it
was
not
agreeable
either
to
his
Design
,
or
his
Temper
,
to
enquire
into
matters
thus
carefully
,
or
to
state
'em
thus
candidly
and
fairly
.
It
was
enough
,
if
upon
a
Superficial
View
of
the
Acts
of
Provincial
Synods
,
or
those
that
passed
for
such
,
he
found
at
the
Entrance
of
any
of
'em
a
mention
of
the
Royal
Power
:
This
he
knew
would
have
the
Look
of
a
Proof
;
and
,
whether
it
had
more
than
that
,
he
knew
not
,
and
cared
not
,
and
hoped
other
People
would
not
give
themselves
the
Trouble
to
enquire
.
To
come
to
Particulars
.
The
First
Instance
he
has
produced
of
the
Authority
of
Princes
over
Provincial
Synods
,
is
this
:
When
Theodoret
(
says
he
)
began
to
be
busie
in
calling
the
Bishops
together
,
Theodosius
not
only
laid
a
Prohibition
upon
him
;
but
confined
him
to
Cyrus
,
his
own
little
See
,
as
a
Punishment
for
what
he
had
done
before
.
P.
18.
I
question
whether
Dr.
Wake
ever
gave
himself
the
Trouble
of
reading
those
three
Epistles
[
*
](A26154-e38380-b)
*
Epist.
79
,
80
,
81.
,
which
he
cites
on
this
occasion
,
tho'
not
with
right
Numbers
.
For
there
he
would
have
found
,
that
Theodoret
,
when
thus
prohibited
by
the
Emperor
,
was
at
Antioch
,
where
he
had
no
more
Authority
to
call
the
Bishops
together
,
than
at
Rome
,
or
Constantinople
.
He
had
been
called
up
thither
from
his
Little
See
,
to
reside
with
Iohn
the
Patriarch
;
and
whatever
of
this
kind
he
did
therefore
,
he
did
by
his
Order
,
and
as
his
Substitute
.
But
Theodosius
finding
the
Peace
of
the
East
hazarded
by
these
Assemblies
,
and
the
Nestorian
Heresie
favoured
by
them
,
sent
an
Order
to
Theodoret
,
upon
whose
Advice
the
Patriarch
acted
,
to
retire
to
his
own
Diocese
,
and
live
there
.
This
is
the
true
account
of
that
matter
,
which
how
it
makes
for
or
against
any
Point
in
Dispute
between
Dr.
Wake
and
his
Adversaries
,
is
to
me
hard
to
apprehend
.
The
next
Provincial
Synod
he
mentions
is
that
of
Agatha
,
called
by
Caesarius
Bishop
of
Arles
;
but
not
(
says
the
Dr.
)
till
he
had
obtain'd
the
Consent
of
Alaric
the
Goth
for
it
;
and
it
is
expresly
noted
that
it
was
held
by
his
Allowance
[
†
](A26154-e38570-b)
†
P.
20.
.
What
if
it
were
?
was
it
not
a
mighty
favour
that
thirty
five
Catholick
Bishops
(
for
so
many
were
present
[
‖
](A26154-e38580-b)
‖
Vide
Conc.
Meld
.
c
73
)
should
be
allowed
to
meet
under
an
Arian
Prince
;
tho'
the
Rules
of
the
Church
were
on
their
side
?
and
was
not
this
favour
fit
to
be
acknowledged
in
their
Acts
?
especially
,
since
at
the
same
time
they
took
care
to
assert
their
Ecclesiastical
Right
to
such
Meetings
,
and
to
ordain
[
*
](A26154-e38600-b)
*
Can.
71.
that
for
the
future
,
in
obedience
to
the
Canons
,
Provincial
Synods
should
be
held
yearly
.
The
Permission
of
the
Prince
would
be
sufficiently
accounted
for
this
way
,
had
this
Synod
been
both
Ordinary
,
and
Provincial
;
but
it
was
really
neither
:
not
Ordinary
,
for
it
was
called
after
a
long
Intermission
of
Councils
in
those
parts
,
to
restore
the
Decayed
Discipline
of
the
Church
;
not
Provincial
,
for
De
Marca
has
observed
[
*
](A26154-e38660-b)
*
L.VI.
c.
17.
§.
1.
that
no
less
than
five
Metropolitans
,
and
the
Proxy
of
a
sixth
,
subscribe
to
it
.
But
the
Doctor
found
it
styled
Provincial
in
the
Tomes
of
the
Councils
,
and
he
look'd
no
further
.
Such
another
Provincial
Council
is
the
very
next
he
insists
on
[
†
](A26154-e38680-b)
†
Ibid.
p.
20.
,
that
of
Epaon
:
it
was
composed
of
the
Bishops
of
Two
Distinct
Provinces
,
those
of
Vienne
,
under
their
Archbishop
,
Avitus
,
and
of
Lyons
,
under
Viventiolus
;
as
the
Subscriptions
,
if
he
had
not
been
too
much
in
hast
,
would
have
informed
him
.
Among
the
Spanish
Councils
,
he
meets
with
Two
that
were
Provincial
,
the
Synods
of
Narbonne
,
and
Saragosa
:
and
of
both
these
,
he
tells
us
,
it
is
said
,
that
they
met
according
to
the
Order
of
Recaredus
.
[
‖
](A26154-e38820-b)
‖
Concilia
Sanctorum
Patrum
vel
Decreta
observare
cum
timore
Dei
cupientes
,
Nos
in
Urbe
Narbonî
,
secundum
quod
Sancta
Synodus
per
ordinationem
Gloriosissimi
nostri
Recaredi
Regis
in
urbe
Toletanâ
finivit
—
in
unum
convenimus
.
themselves
to
meet
in
vertue
of
the
Antient
Canons
,
and
of
the
Decree
of
the
third
Council
of
Toledo
,
which
met
by
Recaredus's
order
.
In
that
of
Saragosa
,
they
own
themselves
indeed
to
meet
by
the
Permission
,
but
not
by
the
Order
of
Recaredus
:
and
this
Permission
might
be
,
and
probably
was
no
more
than
what
was
contained
in
the
Canon
of
that
Council
of
Toledo
,
which
had
revived
the
use
of
Provincial
Synods
in
Spain
,
but
just
before
;
and
the
Acts
of
which
Recaredus
had
confirmed
.
In
Gallicia
he
finds
the
Second
Synod
of
Braga
(
which
was
Provincial
)
to
have
assembled
at
the
Command
of
Arianirus
[
*
](A26154-e38980-b)
*
P.
23.
.
It
did
so
:
but
it
must
be
considered
,
that
no
Synod
had
been
held
in
those
parts
for
many
years
before
[
†
](A26154-e38990-b)
†
Diu
est
(
says
the
Metropolitan
in
his
Speech
by
which
he
opened
it
)
Sanctissimi
Fratres
quòd
secundum
Instituta
Venerabilium
Canonum
&
Decreta
Catholicae
&
Apostolicae
Disciplinae
,
desiderabamus
Sacerdotalem
inter
nos
fieri
debere
Conventum
:
quia
non
solùm
Ecclesiasticis
Regulis
&
Ordinibus
opportunum
est
,
sed
stabilem
etiam
semper
efficit
Charitatis
Fraternae
Concordiam
,
dum
congregati
simul
in
nomine
domini
Sacerdotes
ea
inter
se
salutiferâ
collatione
requirunt
,
quae
secundum
directionem
Apostolicam
Unitatem
Spiritûs
in
Vinculo
Pacis
obtineant
.
.
He
restored
the
Catholick
Faith
,
and
the
Use
of
Councils
;
both
which
were
lost
in
that
Country
by
a
Long
Succession
of
Arian
Princes
(
as
both
of
'em
are
usually
lost
together
.
)
And
to
this
End
he
ordered
his
Bishops
to
meet
,
which
could
be
no
otherwise
than
Provincially
;
for
his
whole
Kingdom
was
then
under
one
Metropolitan
.
Is
it
any
wonder
,
that
after
so
long
an
Intermission
,
the
first
Provincial
Synod
that
met
,
should
gratefully
own
that
Princes
favour
,
by
whom
they
were
allowed
and
encouraged
to
assemble
?
which
yet
they
do
,
in
such
a
manner
,
as
to
declare
also
,
that
by
the
Canons
of
the
Church
,
they
had
a
Right
to
meet
,
and
that
their
being
debarred
of
that
Right
was
a
Violence
upon
'
em
.
The
Council
of
Lugo
afterwards
(
which
sat
in
569
,
or
thereabouts
;
not
,
as
Dr.
Wake
says
[
*
](A26154-e39050-b)
*
P.
23.
,
in
607
;
mistaking
grosly
the
Spanish
Aera
,
for
the
Year
of
our
Lord
)
professes
it self
to
have
met
at
the
Command
of
Theodimirus
;
but
it
was
upon
an
Extraordinary
Occasion
,
the
Erecting
the
See
of
Lugo
into
an
Archbishoprick
;
in
which
the
Civil
Power
was
nearly
interested
,
and
to
which
it
was
requisite
therefore
that
it
should
concur
.
But
after
that
was
over
,
the
Two
Metropolitans
of
Braga
,
and
Lugo
,
Convened
their
Provincial
Synods
apart
,
according
to
the
Canons
,
and
without
the
King's
Order
,
as
far
as
appears
;
and
needed
his
Command
only
to
unite
these
Two
Synods
into
One
National
Assembly
.
As
to
the
Seven
Burgundian
Synods
,
whose
Acts
,
he
says
,
avow
the
Authority
by
which
they
met
[
*
](A26154-e39140-b)
*
P.
24.
;
tho'
he
would
insinuate
,
yet
he
does
not
directly
affirm
any
of
them
to
have
been
Provincial
;
and
I
shall
not
therefore
stay
to
prove
that
they
were
not
so
.
That
Five
of
them
were
not
,
is
certain
;
and
that
the
Two
Others
were
,
if
not
more
than
Provincial
,
yet
at
least
Extraordinary
,
it
will
be
time
enough
to
prove
,
when
he
has
told
us
,
which
he
gives
up
,
and
which
he
insists
on
.
But
Pag.
35.
he
professes
to
speak
only
of
the
Power
of
Princes
over
their
Lesser
Synods
;
let
us
see
by
what
Instances
he
chooses
to
make
it
good
.
He
tells
us
,
that
when
Wolfolendus
Bishop
of
Bourges
Summoned
a
Provincial
Council
according
to
the
Canons
,
yet
having
neglected
to
consult
the
King's
Pleasure
in
it
,
we
find
Sigebert
,
for
that
reason
alone
,
forbad
his
Bishops
to
go
to
it
.
This
Story
indeed
would
be
something
to
his
purpose
,
were
it
rightly
represented
;
but
nothing
can
be
more
insincere
than
his
manner
of
telling
it
.
For
the
proof
of
this
I
appeal
to
the
account
which
De
Marca
has
given
us
of
this
matter
,
L.
VI.
c.
19.
Sect.
5.
there
he
informs
us
,
that
Bourges
of
which
Wolfolendus
was
Archbishop
,
was
in
Clovis's
Realm
,
Neustria
;
not
in
Sigebert's
,
Austrasia
;
which
was
all
out
of
the
Province
of
Bourges
:
That
He
nevertheless
,
at
the
Desire
of
the
Austrasian
Bishops
,
designed
to
come
with
his
Suffragans
out
of
his
own
Province
,
into
some
City
of
Austrasia
,
to
have
a
Meeting
there
with
the
Bishops
of
that
Kingdom
;
and
pretended
to
do
this
,
by
vertue
of
some
Antient
Canons
,
without
so
much
as
consulting
Sigebert
in
it
;
who
for
this
reason
resolved
,
as
he
justly
might
,
to
oppose
him
.
We
see
here
,
that
this
Synod
was
not
Provincial
,
but
the
Meeting
of
an
Archbishop
and
his
Suffragans
of
one
Kingdom
with
the
Bishops
of
another
;
and
this
appointed
to
be
in
the
Territories
of
a
Prince
,
where
that
Archbishop
had
no
Jurisdiction
,
and
without
so
much
as
acquainting
him
with
it
.
What
wonder
if
Sigebert
made
use
of
his
Royal
Power
to
hinder
such
a
Meeting
?
or
what
Instance
could
Dr.
Wake
have
pitched
upon
,
less
to
his
purpose
;
without
it
be
that
which
follows
?
When
the
Fifth
Council
of
Paris
,
he
says
,
had
resolved
it
to
be
Expedient
,
Thus
far
he
is
of
our
side
;
for
what
can
be
more
to
the
advantage
of
Provincial
Synods
than
this
Decree
of
the
Council
of
Paris
,
and
their
Request
in
consequence
of
that
Decree
,
to
the
Civil
Powers
,
that
they
would
suffer
it
to
take
effect
according
to
the
Canons
?
It
follows
,
Yes
,
notwithstanding
these
General
Permissions
,
before
they
did
come
together
,
they
were
to
have
a
particular
Warrant
for
their
so
doing
;
as
is
evident
(
says
he
)
from
the
Acts
of
the
Synod
of
Soissons
.
Which
Synod
of
Soissons
,
one
would
think
now
,
was
certainly
Provincial
▪
and
yet
it
was
composed
of
the
Bishops
of
no
less
than
Five
Provinces
,
as
De
Marca
assures
us
[
*
](A26154-e39530-b)
*
L.VI.
c.
26.
§.
2.
;
and
the
Names
of
several
Metropolitans
are
now
fairly
legible
in
the
Front
of
it
;
which
is
that
part
of
the
Acts
,
with
which
Dr.
Wake
is
usually
best
acquainted
.
I
thank
him
here
for
mentioning
this
Decree
of
the
Council
of
Paris
;
for
it
gives
me
an
occasion
of
supplying
his
account
,
and
of
adding
the
Reasons
,
by
which
the
Authors
of
that
Decree
governed
themselves
in
the
passing
it
,
viz.
Because
,
if
Provincial
Councils
were
held
Annually
,
the
Honour
of
the
Ecclesiastical
Order
would
be
supported
,
Ill
Clergy-men
would
be
discouraged
,
many
Offences
which
escape
now
with
Impurity
,
would
be
taken
notice
of
,
and
many
Instances
of
Church-Discipline
,
now
superseded
,
would
,
by
the
blessing
of
God
be
restored
[
†
](A26154-e39600-b)
†
Quoniam
si
haec
semel
in
Anno
per
unamquamq●e
Provinciam
celebrata
fuerint
,
&
Honor
Ecclesiasticus
Vires
Ordinis
sui
obtinebit
,
&
Impudentia
quorundam
Clericorum
quae
passim
authoritate
Canonicâ
calcatâ
Auribus
Imperialibus
molestiam
ingerit
,
ce●sabit
;
&
Impunitas
diversorum
Plagitiorum
locum
delitescendi
quem
nunc
habet
,
non
hab●bit
;
&
multa
alia
,
quae
hactenùs
secùs
quàm
Ecclesiastica
Disciplina
docet
,
incess●runt
,
ordinem
suum
Deo
Auxiliante
servabunt
.
L.
1.
c.
26.
.
Which
Reasons
,
whether
they
will
not
serve
as
well
to
prove
the
Expedience
of
Convening
frequently
the
Synods
of
Canterbury
and
York
,
I
leave
the
Reader
,
who
understands
the
state
of
this
Church
and
Nation
,
to
determine
.
These
,
I
think
,
are
all
the
Instances
of
Provincial
Councils
,
which
he
expresly
produces
as
such
,
throughout
his
first
Chapter
:
and
I
appeal
now
to
the
most
Partial
of
his
Friends
,
whether
any
one
of
'em
does
in
the
least
countenance
that
Extravagant
Principle
which
he
sets
up
for
,
That
the
Calling
,
or
not
calling
of
Convocations
(
i.
e.
Provincial
Synods
)
the
allowing
,
or
not
allowing
them
to
meet
and
sit
,
was
a
Thing
always
at
the
Free
and
Absolute
Pleasure
of
the
Prince
;
even
where
the
Nicene
Canon
was
admitted
,
as
a
perpetual
Law
of
the
Church
.
I
do
not
wrong
him
,
in
representing
this
as
the
Design
of
that
large
Historical
Account
of
the
Authority
of
Princes
over
their
Councils
,
which
he
has
given
us
:
for
besides
that
he
must
either
have
had
this
design
,
or
none
(
nothing
less
than
this
being
of
any
service
to
that
side
of
the
Debate
which
he
espouses
)
;
Besides
this
,
I
say
,
the
very
Terms
in
which
he
expresses
himself
shew
this
to
be
the
true
and
only
End
he
aims
at
:
Tho'
,
To
confirm
which
,
he
produces
two
o●
three
Stories
,
which
I
have
shewn
to
be
utterly
wide
of
the
mark
;
and
then
concludes
:
So
intirely
has
the
assembling
of
[
these
Provincial
]
Synods
been
looked
upon
to
depend
on
the
Will
and
Authority
of
the
Christian
Prince
[
*
](A26154-e39730-b)
*
P.
36.
!
A
Conclusion
that
has
no
Premisses
,
nor
any
one
clear
and
full
Instance
in
all
his
Long
Beadroll
of
Councils
to
support
it
.
The
Doctor
had
kindly
prepared
us
in
his
Preface
,
to
expect
Digressions
;
but
withal
promised
us
,
in
his
nice
manner
,
that
they
should
be
rather
not
directly
to
the
purpose
than
altogether
distant
from
it
.
However
I
find
not
that
he
has
kept
his
word
with
us
,
or
that
they
deserve
to
be
thus
gently
dealt
with
.
In
the
first
of
'em
,
that
meets
me
here
,
I
have
shewn
nine
parts
in
ten
of
it
[
i.
e.
whatever
he
has
said
about
General
Councils
]
to
be
altogether
distant
from
the
purpose
;
and
that
the
other
poor
Scantling
[
about
Provincial
Synods
]
which
seems
to
be
,
yet
is
really
not
,
to
the
purpose
:
and
I
conclude
therefore
that
the
whole
is
not
only
not
directly
to
the
purpose
,
but
altogether
distant
from
it
.
The
Doctor
must
forgive
me
if
I
tell
him
,
that
these
Historical
Unedifying
Accounts
of
his
put
me
in
mind
of
the
Honest
Confession
of
William
Caxton
the
Chronicler
;
the
words
of
which
will
become
Dr.
Wake
's
mouth
as
well
every
whit
as
they
did
His
;
and
I
cannot
help
thinking
that
I
hear
him
in
the
close
of
his
first
Chapter
thus
addressing
himself
to
his
Reader
:
Yf
I
cowde
,
says
he
,
have
founde
mee
storyes
I
wolde
have
sette
in
it
moo
;
but
the
substaunce
that
I
can
fynde
and
knowe
I
have
shortly
sette
theim
in
this
boke
;
prayeinge
all
theym
that
see
this
symple
werke
of
myne
to
pardon
me
of
my
symple
writynge
.
And
indeed
I
for
my
part
should
have
been
very
ready
so
to
do
,
had
it
been
as
Harmless
as
it
is
Simple
;
and
were
it
not
likely
,
as
Simple
as
it
is
,
to
be
produced
hereafter
for
a
Testimony
against
the
Churches
Rights
,
if
it
be
not
now
opposed
and
disowned
.
For
which
reason
,
how
Simple
soever
the
performance
is
,
it
deserves
to
be
examined
;
and
I
go
on
therefore
to
observe
,
IV.
That
Dr.
Wake
distinguishes
not
between
the
Powers
in
Fact
exercised
by
Princes
,
and
those
of
Right
belonging
to
them
,
by
vertue
of
their
Office
.
Good
Princes
have
been
allowed
often
to
extend
their
Authority
in
Spirituals
very
far
,
and
Ill
Princes
have
often
usurped
an
Authority
beyond
what
they
were
intitled
to
.
Dr.
Wake
troubles
not
himself
with
these
Considerations
;
but
what
ever
Powers
he
can
find
any
Prince
,
(
whether
Good
or
Bad
)
to
have
exercised
over
the
Church
,
Those
he
proposes
,
as
Patterns
,
which
all
other
Princes
may
safely
copy
,
and
as
the
true
Bounds
and
Measures
of
the
Royal
Supremacy
,
When
in
the
Story
of
our
Convocations
some
Acts
of
theirs
come
cross
him
,
that
he
does
not
like
,
then
his
Maxim
is
,
That
they
did
take
upon
them
to
do
this
is
no
proof
that
they
had
a
Right
to
do
it
[
*
](A26154-e39970-b)
*
P.
296.
.
But
the
most
Extravagant
Pretentions
of
Princes
in
the
Ordering
Church-matters
are
admitted
by
him
without
any
such
Guard
or
Distinction
;
without
considering
Who
it
was
that
did
this
or
that
,
and
in
what
Circumstances
,
and
for
what
Reasons
they
were
submitted
to
in
the
doing
it
.
Charlemagne
in
Germany
,
and
Recaredus
in
Spain
,
ordered
Ecclesiastical
Affairs
with
a
very
high
hand
,
and
had
certainly
somewhat
more
than
their
Share
came
to
in
the
management
of
them
.
But
this
was
tacitly
yielded
to
by
their
Bishops
,
who
saw
,
that
to
whatever
Degree
their
Power
was
carried
,
it
would
all
be
employed
for
the
Establishment
of
the
Church
,
and
Advancement
of
the
Christian
Religion
.
What
They
did
therefore
must
not
,
because
they
did
it
,
be
presently
presumed
to
be
the
Common
Right
of
every
Christian
Ruler
;
but
oftentimes
an
Instance
only
of
a
Discreet
Complyance
,
in
the
Clergy
,
with
such
Intrenchments
on
the
Liberties
of
the
Church
,
as
might
redound
to
the
benefit
of
it
.
Good
Princes
,
who
had
the
Hearts
of
their
People
,
and
were
known
to
be
intirely
in
their
Interests
,
have
been
permitted
to
carry
their
Prerogative
in
Civil
Matters
to
an
heigth
,
that
has
been
withstood
and
retrenched
in
more
suspected
Reigns
.
Were
the
Measure
of
our
English
Constitution
to
be
taken
from
those
Excesses
of
Regal
Power
,
which
have
been
winked
at
sometimes
when
well
employed
;
what
would
become
of
the
Liberty
of
the
Subject
,
or
the
Freedom
of
Parliaments
?
Dr.
Wake
finds
perhaps
in
the
Acts
of
some
Councils
Expressions
of
Great
Duty
and
Respect
used
to
Pious
Princes
by
their
Clergy
;
These
presently
he
lays
hold
of
as
Authentick
Synodical
Decisions
.
The
Council
of
Tours
,
it
seems
,
did
once
upon
a
Time
,
tell
Charles
the
Emperor
[
*
](A26154-e40070-b)
*
See
p.
92.
,
that
they
left
their
Decrees
to
Him
to
do
what
he
pleased
with
them
;
and
the
Council
of
Arles
begged
him
,
if
he
thought
fit
,
to
amend
and
alter
them
[
†
](A26154-e40100-b)
†
Ibid.
:
This
is
Handle
enough
for
Dr.
Wake
to
annex
such
an
Altering
Power
to
the
Kingly
Character
,
and
to
represent
the
Business
of
Synods
to
be
only
the
preparing
of
matter
for
the
Royal
Stamp
,
which
may
be
improved
,
corrected
,
enlarged
,
shorten'd
at
the
Prince's
Pleasure
;
as
(
in
p.
84
,
and
85.
of
his
Honest
Performance
)
he
is
pleased
to
express
himself
;
and
therein
to
intitle
the
King
,
de
Iure
,
to
a
more
Extravagant
Authority
,
than
ever
the
Pope
himself
,
I
believe
,
with
all
his
Plenitude
of
Power
,
de
facto
exercised
,
or
claimed
.
But
surely
this
is
a
Doctrine
of
too
great
Importance
to
be
established
on
so
slight
a
bottom
:
and
of
such
dangerous
consequence
to
the
Church
,
that
nothing
less
than
the
Universal
Practice
of
the
Church
can
sufficiently
authorize
it
.
The
Doctor
may
remember
,
when
he
wrote
against
Prayers
for
the
Dead
,
in
a
late
Reign
,
his
way
of
arguing
was
,
that
Doctrines
of
that
weight
were
not
to
be
built
on
the
Figurative
Apostrophe's
and
Rhetorical
Flights
of
the
Fathers
:
but
now
he
is
of
another
mind
;
every
Submissive
word
,
every
Respectful
Form
of
Expression
that
he
finds
to
have
dropped
at
any
time
from
the
Mouths
of
the
Members
of
a
Synod
,
when
addressing
to
their
Prince
,
is
Ground
sufficient
to
rear
a
proof
of
his
Prerogative
upon
.
But
thus
it
is
,
when
Princes
are
to
be
complimented
at
the
Expence
of
their
Subjects
Rights
,
Compliments
shall
pass
for
Arguments
!
As
Dr.
Wake
has
furnished
himself
with
a
Plea
for
the
boundl●●s
Authority
of
Sovereigns
in
Church-matters
,
from
such
Extraordinary
Acts
of
Power
,
as
have
been
submitted
to
in
good
Princes
;
so
can
he
argue
as
well
from
the
Unjust
and
Violent
Encroachments
of
Ill
ones
.
Henry
the
Eighth
was
such
,
if
ever
any
Prince
upon
Earth
was
;
and
Sir
Walter
Rawleigh
therefore
says
of
him
,
that
,
if
all
the
Pictures
and
Patterns
of
a
Merciless
Prince
were
lost
in
the
World
,
they
might
all
again
be
painted
to
the
Life
out
of
the
Story
of
this
King
[
*
](A26154-e40250-b)
*
Pre●
.
to
hi●
Hist.
of
the
World
.
.
And
yet
the
Acts
of
this
King
,
the
most
Exorbitant
and
Oppressive
Acts
of
Power
which
he
exercised
towards
the
Clergy
,
are
produced
by
Dr.
Wake
as
good
and
lawful
Precedents
,
which
all
his
Successors
are
allowed
and
incited
to
follow
.
Particularly
that
Instance
of
his
Correcting
and
Amending
the
Determinations
of
the
Clergy
in
Synod
,
even
upon
Doctrines
of
Faith
,
is
given
us
[
†
](A26154-e40300-b)
†
See
pp.
136
,
137
,
138
,
139.
without
any
Intimation
that
such
a
practice
exceeded
the
Bounds
of
the
Kingly
Power
.
And
in
this
he
is
followed
by
Mr.
Nicholson
[
‖
](A26154-e40330-b)
‖
Hist.
Lib.
●ol
3.
p.
196
,
197
.
And
both
these
Gentlemen
are
so
eager
to
assert
this
Power
to
the
Crown
,
that
they
have
not
given
themselves
leisure
to
inquire
how
far
the
Authorities
they
in
this
case
cite
,
are
to
be
depended
on
.
Dr.
Wake
quotes
my
Lord
of
Sarum
for
it
,
whose
words
are
,
These
Articles
[
in
1536
]
being
thus
conceived
,
and
in
several
places
corrected
and
tempered
by
the
King
's
Own
Hand
were
subscribed
by
Cromwell
and
the
Archbishop
of
Canterbury
,
and
Seventeen
other
Bishops
,
Forty
Abbots
and
Priors
,
and
Fifty
Archdeacons
and
Proctors
of
the
Lower
House
of
Convocation
[
*
](A26154-e40410-b)
*
Hist.
Ref.
Vol.
1.
p.
217.
.
And
in
the
Addenda
to
his
first
Volume
[
†
](A26154-e40450-b)
†
P.
364.
his
Lordship
further
says
,
that
He
has
had
the
Original
,
with
all
the
Subcriptions
to
it
,
in
his
Hands
.
I
have
had
it
too
,
and
can
assure
the
Reader
,
that
there
is
not
a
single
Correction
by
Henry
the
Eighth's
hand
,
or
any
others
,
in
that
Original
.
'T
is
a
Copy
fairly
Engrossed
in
Parchment
[
‖
](A26154-e40490-b)
‖
See
it
Bibl.
Cotton
.
Cleop.
●
.
5.
,
without
any
Interlineations
or
Additions
whatever
.
My
Lord
Herbert
indeed
,
who
is
Mr.
Nicholson's
(
and
I
suppose
my
Lord
of
Sarum's
[
*
](A26154-e40540-b)
*
I
suppose
so
,
because
my
Lord
of
Sarum
's
account
of
the
Subscriptions
is
exactly
the
same
as
my
Lord
Herbert
's
,
and
with
the
same
mistakes
:
no
Deans
being
mentioned
by
either
,
nor
any
Consideration
had
of
those
of
the
Lower
House
,
who
subscribed
in
double
Capacities
;
which
makes
the
Subscriptions
more
numerous
than
they
are
represented
to
be
.
)
Authority
,
says
,
that
the
Bishops
and
Divines
who
consulted
upon
these
Articles
were
divided
in
their
Opinions
,
some
following
Luther
,
and
some
the
Old
Doctrine
;
whose
Arguments
on
either
side
the
King
himself
took
pains
to
peruse
and
moderate
,
adding
Animadversions
with
his
own
Hand
,
which
are
to
be
seen
in
our
Records
[
†
](A26154-e40620-b)
†
Hist.
H.S.
p.
469.
.
But
these
words
I
must
be
bold
to
say
,
are
mistaken
both
by
my
Lord
Bishop
,
and
Mr.
Nicholson
,
if
they
infer
from
thence
,
that
the
King
made
any
Alterations
in
the
Articles
after
they
were
drawn
up
;
since
the
Animadversions
plainly
were
,
not
on
the
Articles
themselves
,
but
on
the
Arguments
urged
on
either
side
of
the
Questions
determined
in
'
em
.
These
Arguments
,
or
Opinions
,
were
,
it
seems
according
to
the
known
way
of
that
time
,
offered
in
Writing
,
and
subscribed
by
the
Parties
maintaining
'em
:
And
the
King
took
upon
him
to
temper
and
soften
the
Expressions
on
either
side
,
till
he
had
brought
both
to
a
Compliance
.
But
this
is
a
very
different
thing
from
his
Correcting
and
Amending
the
Articles
themselves
;
even
as
different
,
as
assisting
in
the
Debates
of
a
Synod
,
before
the
Conclusion
is
formed
;
and
altering
the
Conclusion
it self
,
after
it
has
been
unanimously
agreed
on
.
This
is
truly
the
Case
of
those
Amendments
of
Henry
the
Eighth
,
which
Dr.
Wake
is
so
full
of
:
However
had
it
been
such
as
he
represents
it
;
yet
no
Argument
of
Right
,
I
say
,
can
be
advanced
on
such
Facts
as
these
;
and
it
had
become
Dr.
Wake
therefore
,
when
he
related
'em
,
to
have
told
us
withal
,
that
they
were
unjustifiable
.
Many
of
the
Actions
of
that
Supreme
Head
of
the
Church
were
such
,
as
cannot
justly
,
(
and
will
therefore
,
I
hope
,
never
)
be
imitated
by
any
of
his
Successors
.
For
instance
,
he
made
his
Bishops
take
out
Patents
to
hold
their
Bishopricks
at
pleasure
;
tho'
I
suppose
my
Lords
the
Bishops
that
now
are
,
do
not
think
such
a
Power
included
in
the
Notion
of
the
King's
Supremacy
.
William
the
Conquerour
is
another
of
the
Pious
Patterns
he
recommends
;
who
would
suffer
nothing
,
he
says
,
to
be
determined
in
any
Ecclesiastical
Causes
,
without
Leave
and
Authority
first
had
from
him
[
*
](A26154-e40850-b)
*
P.
179.
&
L.M.P.
p.
34.
:
for
which
he
cites
Eadmerus
;
and
might
have
told
us
from
thence
,
if
he
had
pleased
,
more
particularly
,
that
he
would
not
let
any
of
his
Noblemen
,
or
Ministers
,
tho'
guilty
of
Incest
,
and
the
Blackest
Crimes
,
be
proceeded
against
by
Church-Censures
and
Penalties
[
*
](A26154-e40890-b)
*
Nulli
Episcoporum
permittebat
ut
aliquem
de
Baronibus
suis
,
seu
Ministris
,
sive
Incestu
,
sive
Adulterio
,
●ive
aliquo
Capitali
Crimine
denotatum
publicè
,
nisi
ejus
praecepto
,
implacitaret
,
aut
Excommunicaret
,
aut
ullâ
Ecclesiastici
rigoris
poenâ
constringeret
.
Eadmer
.
pag.
6.
;
that
he
made
his
Bishops
,
his
Abbots
,
and
Great
Men
out
of
such
as
would
be
sure
to
do
every
thing
he
desired
of
'em
;
and
such
,
as
the
World
should
not
much
wonder
at
for
doing
it
;
as
knowing
,
who
they
were
,
from
whence
he
took
'em
,
and
for
what
end
he
had
raised
'em
:
and
that
all
this
he
did
,
in
order
to
make
way
for
his
Norman
Laws
and
Usages
,
which
he
resolved
to
establish
here
in
England
[
†
](A26154-e40930-b)
†
Usus
atque
Leges
quas
Patres
sui
&
ipse
in
Normanni●
habere
solebant
in
Angliá
servare
volens
,
de
hujusmodi
Personis
Episcopos
,
Abbates
,
&
alios
Principes
per
totam
terram
instituit
,
de
quibus
indignum
judicaretur
,
si
per
omnia
suis
Legibus
,
postpositá
omni
aliâ
consideratione
,
non
obedirent
,
&
si
ullus
corum
pro
quávis
terrenâ
potentiâ
caput
contra
eum
levare
auderet
;
scientibus
cunctis
Unde
,
Qui
,
&
ad
Quid
assumpti
sunt
.
Cuncta
ergo
Divina
&
Humana
ejus
Nutum
expectabant
▪
—
Ibid.
!
This
I
say
,
and
more
than
this
he
might
have
given
us
from
the
very
Page
of
Eadmerus
he
mentions
:
by
which
it
is
clear
,
that
that
Prince
was
as
Absolute
in
Ecclesiastical
as
in
Civil
Affairs
:
and
his
Acts
therefore
are
,
I
hope
,
no
Precedents
to
any
of
his
Legal
and
Limited
Successors
.
His
Present
Majesty
is
not
William
the
Conquerour
;
and
can
no
more
,
by
our
Constitution
,
rule
absolutely
either
in
Church
or
State
,
than
he
would
,
even
if
he
could
:
His
Will
and
Pleasure
is
indeed
a
Law
to
All
his
Subjects
;
not
in
a
Conquering
sense
,
but
because
his
Will
and
Plea●ure
is
only
,
that
the
Laws
of
our
Country
should
be
obeyed
;
which
he
came
over
on
purpose
to
rescue
,
and
counts
it
His
Great
Prerogative
to
maintain
▪
and
contemns
therefore
,
I
doubt
not
,
such
sordid
Flattery
,
as
would
measure
the
Extent
of
His
Supremacy
from
the
Conqueror's
Claim
.
Intimations
of
this
kind
have
been
thought
so
Heinous
as
to
be
purged
only
by
Fire
;
a
Punishment
which
our
Gentle
Laws
,
tho'
they
have
taken
it
off
from
Men
,
have
still
reserved
for
Books
,
and
applyed
it
now
and
then
to
repress
a
State-Heresie
,
and
secure
the
Fundamentals
of
our
Constitution
,
against
All
its
Underminers
.
This
Conqueror
,
and
his
Family
are
much
in
request
with
our
Writer
;
and
agen
therefore
of
his
Son
William
Rufus
,
he
tells
us
(
not
without
a
Glance
on
more
Modern
Times
)
that
he
would
suffer
no
Ecclesiastical
Synod
to
be
held
during
the
thirteen
years
of
his
Reign
[
*
](A26154-e41060-b)
*
P.
185.
:
But
let
me
ask
our
Man
of
History
,
which
of
all
those
Historians
in
whose
Works
he
has
so
happily
spent
his
Researches
,
represent
this
part
of
Rufus's
Character
to
his
advantage
?
which
of
'em
that
mention
the
thing
,
do
not
also
complain
of
it
,
as
one
of
the
Greatest
Hardships
of
that
Cruel
and
Oppressive
Reign
?
and
to
be
ranked
with
that
other
Righteous
Practice
of
his
,
by
which
he
kept
Vacant
,
and
set
to
Farm
all
the
Bishopricks
and
Abbies
,
as
they
fell
,
and
had
by
that
means
,
when
he
died
,
no
less
than
Twelve
of
them
in
his
Hands
[
*
](A26154-e41090-b)
*
Iorvall
.
apud
X.
Script
.
Col.
996.
:
and
of
these
the
small
Bishopricks
of
Canterbury
,
Winchester
,
and
Sarum
were
Three
.
These
are
sad
Stories
,
but
(
God
be
thanked
)
they
were
done
a
great
while
ago
,
and
do
not
therefore
much
concern
us
.
For
we
live
now
neither
under
William
the
First
,
nor
William
the
Second
,
but
under
William
the
Third
:
A
short
Answer
to
an
Hundred
such
Old
Tales
as
these
;
but
every
good
Englishman
will
think
it
a
full
one
.
Less
have
we
to
do
with
his
Outlandish
Instances
of
Ecclesiastical
Tyranny
;
such
as
the
Dealing
of
Constantius
was
with
the
Council
of
Ariminum
:
A
very
Righteous
and
Laudable
Act
which
Dr.
Wake
proposes
for
the
Instruction
of
future
Princes
;
and
was
,
as
follows
:
When
the
four
Hundred
Fathers
assembled
there
,
had
finished
the
business
for
which
they
met
,
and
determined
the
disputed
Points
clearly
against
Arius
,
they
begged
of
Constantius
,
that
they
might
return
home
,
and
attend
their
Flocks
:
but
he
refused
'em
,
ordering
his
Officers
to
keep
the
Synod
together
by
force
,
till
they
had
revoked
their
former
Decision
,
and
subscribed
an
Arian
Form
that
he
transmitted
to
them
;
upon
which
,
those
who
were
resolved
not
to
comply
,
made
their
Escape
as
well
as
they
could
,
and
even
without
his
Permission
went
back
to
their
Dioceses
.
But
Constantius
not
having
given
them
his
Leave
,
neither
will
Dr.
Wake
give
them
His
;
and
does
as
good
as
say
,
they
did
Ill
to
separate
without
the
Emperor's
Order
,
and
deserved
his
Resentments
for
so
doing
[
*
](A26154-e41260-b)
*
See
p.
77.
.
I
know
in
his
Appeal
[
†
](A26154-e41300-b)
†
P.
xviii
.
he
pretends
to
fosten
this
Censure
,
and
to
take
off
several
Invidious
Instances
of
the
same
kind
,
by
saying
,
that
we
are
to
distinguish
between
what
he
relates
as
matter
of
History
,
and
what
he
delivers
as
his
own
Opinion
.
But
how
should
the
Reader
distinguish
,
where
the
Writer
does
not
?
nay
,
where
the
Writer
has
left
no
possible
room
for
a
Distinction
,
tho'
the
Reader
should
be
never
so
willing
to
employ
it
?
For
it
is
certain
that
Dr.
Wake
produces
these
Facts
,
purely
to
establish
Rights
upon
them
;
and
having
laid
down
his
Historical
Grounds
therefore
does
,
in
every
Instance
,
proceed
to
draw
his
Conclusions
from
them
:
particularly
in
This
we
are
upon
[
the
Instance
of
a
Tyrannical
Power
exercised
by
Constantius
over
the
Fathers
at
Rimini
]
;
after
he
has
told
the
Story
,
and
added
Two
other
accounts
of
the
Imperial
Authorities
exerting
it self
on
the
like
Occasions
,
he
thus
concludes
:
It
is
therefore
the
Duty
of
All
Synods
,
as
they
are
conven'd
by
the
Prince's
Authority
,
so
to
tarry
,
till
they
have
the
same
Authority
for
their
Dissolution
[
*
](A26154-e41390-b)
*
P.
79.
.
Let
him
not
hope
then
,
after
amassing
together
all
the
Instances
of
an
Ungodly
Usurpation
in
Princes
upon
the
Liberties
of
the
Church
,
to
come
off
by
saying
,
that
we
are
to
distinguish
between
what
he
relates
as
matter
of
History
,
and
what
as
matter
of
Opinion
;
and
by
leaving
it
in
his
own
Power
afterwards
to
apply
this
General
Plea
to
any
particular
Instances
in
his
Book
,
as
he
shall
have
need
of
it
;
for
these
Two
in
Works
of
this
Nature
cannot
be
separated
.
Where
an
enquiry
is
made
,
what
Princes
may
lawfully
do
,
and
in
order
to
it
an
History
drawn
up
of
what
they
have
actually
done
;
there
all
the
Accounts
the
Historian
gives
us
of
their
Acts
he
must
be
supposed
to
approve
too
,
unless
he
has
taken
care
to
warn
us
to
the
contrary
,
and
to
express
his
Abhorrence
of
them
.
Should
a
Man
pretend
to
mark
out
the
Bounds
of
the
King's
Prerogative
in
Civil
Affairs
,
and
to
that
End
deduce
an
account
of
all
the
most
Arbitrary
and
Illegal
Acts
of
our
Princes
,
by
which
they
have
trampled
on
the
Liberties
of
their
Subjects
,
and
the
Power
of
Parliaments
;
would
it
avail
him
afterwards
,
in
abatement
,
to
say
,
that
he
intended
these
Instances
by
way
of
History
only
,
and
not
to
express
his
own
sense
of
things
;
when
his
own
sense
of
things
is
manifestly
built
on
those
Historical
Accounts
,
his
Conclusions
deduced
from
them
,
and
supported
by
'
em
?
Such
a
poor
Excuse
would
not
be
admitted
in
behalf
of
such
a
Chronique
Scandaleuse
;
Every
Good
Englishman
would
still
see
through
,
and
detest
the
Design
;
and
the
Author
,
under
all
his
shifts
,
would
be
as
scandalous
as
his
History
.
But
to
proceed
in
our
Remarks
.
I
observe
,
V.
That
Dr.
Wake
,
in
his
accounts
of
Antient
Councils
often
confounds
two
things
that
are
widely
different
,
the
Prince's
power
of
proposing
any
Subject
of
Debate
to
his
Synods
,
and
his
Power
of
confining
'em
to
debate
of
nothing
but
just
what
he
proposes
.
As
to
the
First
of
these
,
no
body
questions
the
Prince's
Right
in
all
Synods
,
from
the
Greatest
to
the
Smallest
:
but
as
to
the
Latter
,
he
has
neither
Right
or
Practice
on
his
side
;
not
even
in
the
most
General
Councils
(
where
the
Civil
Authority
always
exerted
it self
most
)
,
whatever
Dr.
Wake
may
pretend
to
the
contrary
.
'T
is
true
,
in
those
Larger
Synods
,
which
met
at
the
Call
of
Princes
,
upon
Extraordinary
Occasions
,
the
way
generally
was
,
that
the
Business
for
which
they
were
called
should
be
first
handled
:
and
from
the
Acts
of
those
Councils
it
appears
,
that
the
Emperor
,
or
his
Commissioners
,
interposed
sometimes
to
prevent
their
entring
on
any
foreign
matter
,
till
That
was
dispatched
;
call'd
'em
back
to
it
,
when
they
wandered
;
and
made
'em
begin
their
Debates
anew
,
when
they
had
proceeded
irregularly
.
But
after
This
was
over
,
that
they
never
entred
on
any
new
Point
without
his
express
Direction
,
and
in
every
step
of
their
other
Debates
expected
his
Order
,
is
an
Assertion
worthy
of
Dr.
Wake
[
†
](A26154-e41550-b)
†
See
p.
48.
,
and
every
way
becoming
his
Cause
and
his
Character
.
Let
us
see
how
he
proves
it
:
He
instances
first
in
the
Great
Council
of
Ni●e
,
whose
Acts
were
either
never
drawn
up
in
form
,
or
quickly
lost
;
and
one
would
think
it
therefore
pretty
difficult
to
give
a
Punctual
ac●count
of
their
manner
of
Proceeding
:
But
Dr.
Wake
,
by
the
help
of
some
History
,
and
more
Divination
,
ventures
upon
it
:
It
was
called
,
he
says
,
to
restore
the
Peace
of
the
Church
which
the
Heresie
of
Arius
,
and
the
Oriental
and
Western
Churches
about
the
time
of
keeping
Easter
had
so
dangerously
broken
;
and
Eusebius
tells
us
,
that
Constantine
,
at
the
opening
it
,
earnestly
exhorted
the
Bishops
,
by
their
wise
Resolutions
to
settle
all
things
in
Quiet
and
Unity
.
And
accordingly
(
says
he
in
his
new
manner
of
Speech
)
the
Subject
of
their
Debates
turned
upon
these
Two
Points
.
But
his
History
is
every
whit
as
new
as
his
Language
:
for
it
has
been
hitherto
thought
,
that
(
the
Subject
of
their
Debates
,
or
rather
)
their
Debates
had
turned
on
several
other
Points
,
beside
these
Two
,
particularly
,
that
there
were
Twenty
Canons
framed
and
published
by
them
;
and
,
whatever
becomes
of
the
Arabick
ones
,
yet
that
these
were
of
confessed
Authority
.
And
as
willing
as
Dr.
Wake
is
to
overlook
these
Canons
,
I
must
take
the
liberty
to
put
him
in
mind
of
them
,
especially
of
the
Fifth
,
which
provides
for
the
frequent
Sessions
of
Provincial
Councils
;
without
any
Previous
Application
to
the
Emperor
for
his
Leave
to
make
such
Provision
.
Nay
,
I
find
not
in
any
of
these
Canons
a
word
mentioned
,
either
of
the
Arian
Controversie
,
or
that
about
Easter
;
the
Decision
of
which
was
comprized
in
their
Synodical
Epistle
:
Does
the
Doctor
think
that
they
debated
on
nothing
but
what
was
the
Subject
of
that
Letter
?
or
has
he
some
secret
History
of
their
Acts
,
by
which
he
can
prove
that
Constantine
offered
these
Canons
to
'em
ready
drawn
up
,
and
that
they
passed
the
Synod
by
way
of
form
only
,
without
being
discussed
?
If
he
can
make
this
out
,
the
Instance
will
be
somewhat
to
his
purpose
;
otherwise
,
it
is
fit
to
keep
Company
with
those
that
follow
.
Viz.
the
Instances
of
the
two
General
Council
of
Ephesus
[
*
](A26154-e41770-b)
*
P.
49.
,
and
Chalcedon
[
†
](A26154-e41790-b)
†
P.
51.
,
where
the
Roman
Emperors
had
their
Commissioners
to
preside
in
their
stead
.
They
had
so
;
but
in
what
manner
,
and
to
what
Ends
,
let
those
Emperors
themselves
,
in
their
Commissional
Letters
speak
:
it
was
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
to
secure
Order
and
Regularity
in
their
Proceedings
,
and
with
an
Express
Prohibition
of
their
interposing
in
Matters
Doctrinal
,
and
such
Points
as
were
properly
of
Church-cognizance
.
This
is
so
beaten
a
Theme
,
and
the
Answers
to
these
objected
Instances
are
so
well
known
,
that
I
should
be
ashamed
to
give
'em
,
were
I
not
obliged
to
it
by
Dr.
Wake
;
who
is
not
ashamed
to
produce
the
Instances
themselves
without
taking
any
notice
of
the
Answers
that
have
been
an
hundred
times
over
made
to
'
em
.
Our
Learned
Mason
long
ago
thus
accounted
for
these
very
Instances
:
The
Lay-Presidency
,
he
says
,
in
these
Synods
of
Ephesus
and
Chalcedon
was
made
use
of
for
four
Reasons
.
-
(
1.
)
To
hinder
Strangers
,
who
flocked
thither
and
had
no
Right
to
Vote
,
from
breaking
in
upon
the
Assembly
.
-
(
2.
)
To
keep
all
the
Members
of
the
Synod
together
,
till
they
had
dispatched
the
business
for
which
they
met
.
-
(
3.
)
To
see
that
Business
first
concluded
,
before
any
new
Point
was
started
,
and
pursued
.
-
(
4.
)
To
take
care
,
that
the
private
Piques
and
Resentments
of
any
of
the
Members
should
not
interrupt
the
Publick
Work
.
These
were
the
Chief
Ends
,
for
which
the
Emperors
had
their
Commissioners
at
those
Meetings
;
and
not
,
for
the
proposing
to
the
Fathers
the
several
successive
Matters
which
they
were
to
Deliberate
on
;
much
less
,
for
the
Confining
'em
to
deliberate
on
nothing
but
what
they
proposed
.
So
far
was
that
from
being
the
Case
,
that
the
Eighth
Canon
of
the
Ephesine
Council
[
occasioned
by
a
Dispute
about
the
Cyprian
Priviledges
]
was
plainly
brought
in
,
debated
,
and
concluded
,
by
the
Synod
,
without
the
least
Interposition
of
the
Civil
Power
:
And
which
of
the
Thirty
Canons
passed
by
the
Council
of
Chalcedon
[
*
](A26154-e41970-b)
*
Act.
15.
were
not
so
,
I
desire
Dr.
Wake
at
his
Leisure
to
inform
us
;
and
withal
,
with
what
assurance
he
could
say
,
that
every
New
Matter
[
in
that
Council
of
Chalcedon
]
is
Prefaced
with
this
Declaration
,
that
they
had
obtained
leave
of
the
Emperors
for
the
Fathers
to
consider
of
it
,
and
that
the
Emperors
Orders
were
delivered
to
the
Commissioners
,
—
When
not
one
of
these
Thirty
Canons
were
thus
Prefaced
,
or
authorized
?
tho'
some
of
them
were
of
the
Greatest
Weight
and
Consequence
;
particularly
the
28.
which
put
the
See
of
Constantinople
upon
the
Level
with
that
of
Rome
;
and
which
the
Fathers
were
so
far
from
being
authorized
before-hand
to
Treat
on
,
and
to
pass
,
that
the
Commissioners
knew
nothing
of
it
till
it
had
passed
;
and
had
it
therefore
read
to
'em
at
their
next
Meeting
,
in
order
to
their
considering
,
and
approving
it
.
To
support
this
Gross
Falsity
,
he
quotes
the
7
th
.
9
th
.
10
th
.
and
11
th
.
Actions
of
this
Synod
,
where
the
New
Matter
,
on
which
their
Debates
proceed
,
is
,
he
says
,
Prefaced
with
the
Emperor's
Leave
:
but
it
was
not
to
his
purpose
to
speak
more
plainly
.
For
that
New
Matter
was
such
,
in
which
,
it
is
likely
,
the
Emperor
had
before-hand
been
apply'd
to
,
and
interested
himself
:
in
which
case
,
it
was
decent
,
if
not
necessary
,
to
have
his
Consent
,
before
it
was
presented
to
the
Synod
.
It
related
to
some
Bishops
,
who
had
(
as
They
urged
)
been
Uncanonically
deprived
,
and
had
probably
sought
the
Emperor's
Protection
in
the
case
.
When
the
Council
sat
,
he
referred
'em
thither
for
Justice
;
and
they
might
therefore
,
on
this
account
,
fitly
mention
the
Imperial
Leave
,
when
their
Business
first
came
on
.
But
let
this
be
as
it
will
,
it
is
a
Point
of
Iurisdiction
,
with
which
we
are
not
at
present
concerned
:
The
Canons
of
that
Council
it
is
certain
had
New
Matter
in
them
;
and
it
is
as
certain
,
that
none
of
that
New
Matter
was
Prefaced
with
the
Emperor's
Leave
;
and
how
Dr.
Wake
came
to
forget
,
both
these
and
the
Nicene
Canons
is
matter
of
wonder
.
I
had
thought
,
the
Decrees
of
Councils
were
the
most
Important
and
Sacred
Part
of
their
Acts
;
especially
the
Decrees
of
those
four
first
General
Councils
,
for
which
both
the
Church
,
and
the
Law
of
England
[
*
](A26154-e42220-b)
*
Canon
.
Aelfrici
.
Can.
33.
1
Eliz.
c.
1.
have
,
and
have
always
had
a
particular
Veneration
.
But
of
All
the
Instances
he
has
pitched
upon
to
shew
,
that
Synods
can
debate
of
nothing
but
what
the
Prince
particularly
proposes
to
'em
,
commend
me
to
those
he
urges
(
P.
54
,
55.
)
from
the
Practice
of
Carloman
,
at
the
Synod
of
Leptines
,
and
of
Arnulph
,
at
that
of
Trebur
.
The
first
of
these
says
,
he
had
call'd
his
Clergy
together
to
advise
him
how
the
Law
of
God
,
and
the
Religion
of
the
Church
,
which
had
been
suffered
to
fall
into
such
decay
,
in
the
days
of
his
Predecessors
,
might
be
restored
.
The
second
desires
them
to
consider
what
they
thought
was
needful
to
be
done
,
for
the
Reformation
of
Mens
Manners
,
for
the
Security
of
the
Faith
,
and
for
the
Preservation
of
the
Unity
of
the
Church
.
How
could
these
Emperors
possibly
have
expressed
themselves
in
words
that
left
their
Synods
more
at
large
,
or
gave
greater
Scope
to
their
Debates
than
these
do
?
which
yet
Dr.
Wake
produces
on
purpose
to
shew
,
that
the
Prince
prescribed
to
them
the
Particular
Points
,
on
which
they
were
to
proceed
.
These
are
Ill
Proofs
indeed
;
but
pity
it
is
,
that
such
Bad
Notions
should
ever
be
supported
by
better
.
Under
the
Prince's
Power
of
suggesting
any
Subject
of
Debate
to
a
Synod
,
I
comprehend
also
his
Power
of
proposing
the
Draught
of
a
Canon
to
them
;
for
that
too
he
has
sometimes
done
;
but
without
confining
'em
to
pass
such
Canons
in
the
Form
prescribed
:
which
I
conceive
,
he
has
never
done
,
nor
has
any
Right
to
do
,
tho'
Dr.
Wake
gives
us
very
Broad
Hints
that
he
thinks
otherwise
;
and
to
that
End
produces
the
Three
Ecclesiastical
Constitutions
which
Marcian
delivered
to
the
Fathers
of
the
Fourth
General
Council
at
Chalcedon
ready
drawn
up
,
to
be
approved
by
them
;
and
they
all
(
he
says
)
gave
their
Unanimous
Assent
to
'em
[
*
](A26154-e42400-b)
*
P.
65.
.
But
he
tells
us
not
,
as
he
might
,
that
the
Matter
of
these
Canons
was
of
such
a
mixt
nature
,
as
made
it
proper
for
the
Emperor
to
interpose
in
them
:
nor
does
he
inform
us
,
with
what
words
of
high
Respect
and
Deference
he
offered
'em
to
the
Synod
.
There
are
(
says
he
)
Three
Points
which
in
Honour
to
your
Reverences
we
have
reserved
for
you
;
judging
it
fit
and
decent
,
that
they
should
rather
be
by
You
in
Synod
Canonically
defined
,
than
Enacted
by
our
Temporal
Laws
[
†
](A26154-e42440-b)
†
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Act.
6.
.
And
in
what
manner
the
Synod
passed
'em
is
worth
our
notice
:
for
it
was
neither
in
that
Order
,
nor
exactly
in
those
Terms
in
which
they
were
proposed
.
And
one
of
them
[
‖
](A26154-e42460-b)
‖
The
Second
.
they
put
into
different
words
,
without
any
the
least
alteration
of
sense
,
merely
,
as
it
should
seem
,
to
keep
free
of
an
Ill
Precedent
,
which
by
receiving
the
Emperor's
Form
they
might
have
brought
upon
themselves
.
So
that
this
is
a
much
better
Proof
,
that
the
Emperor
could
not
prescribe
the
Form
of
a
Canon
to
them
,
than
that
he
could
.
Nor
are
his
English
Instances
of
this
kind
more
to
his
purpose
:
Some
of
our
Princes
(
he
says
)
have
not
only
prescribed
to
their
Convocations
what
they
should
go
about
,
but
have
actually
drawn
up
before-hand
what
they
thought
convenient
to
be
established
,
and
have
required
them
to
approve
of
it
[
*
](A26154-e42550-b)
*
P.
[
110.
]
.
And
for
this
he
vouches
King
Iames's
Letter
to
the
Convocation
in
1603
,
together
with
which
he
sent
them
the
Articles
of
1562
,
to
be
approved
by
'
em
.
A
notable
Instance
of
the
Prince's
Power
actually
to
draw
up
before-hand
what
they
think
convenient
to
be
established
by
their
Synods
!
because
King
Iames
sent
a
Message
to
one
of
'em
,
about
Confirming
the
Thirty
nine
Articles
,
which
had
been
actually
drawn
up
by
another
Convocation
,
forty
years
before
that
Message
was
sent
.
And
that
this
Point
may
be
sure
to
be
well
proved
,
he
adds
a
Second
Instance
of
it
,
every
whit
as
concluding
as
the
Former
,
The
same
Prince
,
he
says
,
to
Another
Convocation
,
about
four
years
after
,
signified
his
Pleasure
for
Singing
and
Organ-service
to
be
setled
in
Cathedral
Churches
,
without
submitting
it
to
their
judgment
,
whether
they
approved
it
,
or
no
[
†
](A26154-e42650-b)
†
Ibid.
.
He
tells
us
not
from
whence
he
dr●w
either
this
,
or
the
former
particular
,
and
so
I
am
not
able
to
say
how
he
has
disguised
them
.
But
taking
this
last
as
he
has
represented
it
,
clear
it
is
that
the
King
in
this
case
did
not
form
,
or
draw
up
any
thing
before-hand
for
the
Convocation
to
Sign
,
but
only
suggested
the
Matter
of
a
Canon
to
them
;
and
of
such
a
Canon
,
as
(
if
necessary
)
there
was
no
doubt
of
their
agreeing
unanimously
in
,
since
it
was
only
to
confirm
a
received
Practice
:
and
therefore
if
he
did
not
ask
their
Approbation
,
it
was
because
he
was
sure
of
it
.
Dr.
Wake
is
in
this
Observation
all
over
Mistake
:
For
whereas
he
calls
this
Another
Convocation
from
that
in
1603
,
it
was
certainly
the
same
;
That
in
1603
being
by
Prorogations
continued
from
Time
to
Time
for
seven
years
together
,
as
his
own
words
are
,
a
few
Pages
afterwards
[
*
](A26154-e42720-b)
*
P.
142.
.
Nor
could
the
Import
of
this
Message
well
be
the
Setling
of
Singing
and
Organ-service
in
Cathedral
Churches
;
for
it
was
setled
there
long
before
[
†
](A26154-e42740-b)
†
At
the
Reforming
of
the
Church
,
not
only
the
King's
Chappel
and
all
Cathedrals
,
but
many
Parochial
Churches
also
had
preserved
their
Organs
,
to
which
they
used
to
Sing
the
appointed
Hymns
,
i.
e.
the
Te
Deum
,
the
Benedictus
,
the
Magnificat
,
the
Nunc
dimittis
,
&c.
performed
in
an
Artificial
and
Melodious
manner
.
—
Heylin
.
Hist.
of
Presbyt
.
p.
226.
.
Only
King
Iames
,
I
suppose
,
recommended
to
'em
the
framing
of
a
Canon
in
behalf
of
what
was
hitherto
authorized
by
Practice
alone
,
and
by
the
Queen's
Injunctions
[
‖
](A26154-e42850-b)
‖
Sparrow
,
p.
80.
.
But
this
the
Synod
thought
needless
,
the
Thing
being
otherwise
so
well
established
already
;
and
therefore
framed
no
Canon
concerning
it
.
How
Ridiculous
then
is
it
in
Dr.
Wake
to
say
,
that
the
King
signified
his
Pleasure
to
them
in
this
matter
,
without
ever
submitting
it
to
their
Iudgment
whether
they
approved
it
or
no
?
when
the
Event
shews
,
that
they
disapproved
,
and
did
not
comply
with
the
Motion
:
for
I
never
heard
of
any
such
Canon
in
behalf
of
Singing
,
and
Organ-service
;
and
which
is
more
,
Bishop
Sparrow
never
heard
of
it
neither
.
If
this
Message
therefore
make
any
thing
for
the
King's
Power
of
Proposing
,
it
makes
as
strongly
for
the
Clergy's
Priviledge
of
denying
,
if
they
think
fit
;
which
is
the
very
thing
Dr.
Wake
is
endeavouring
in
this
place
to
deprive
them
of
.
VI.
A
Sixth
Observation
I
have
to
offer
on
Dr.
Wake
's
way
of
managing
this
Controversie
is
,
that
Those
very
Acts
of
Authority
which
were
exercised
by
Princes
in
Ecclesiastical
Matters
,
to
support
and
corroborate
the
Churches
Power
,
are
by
Him
perversely
made
use
of
to
undermine
and
destroy
it
.
He
finds
that
the
Canons
of
the
most
General
Councils
have
been
confirmed
by
the
Civil
Power
,
and
confirmed
at
the
Instance
and
Petition
of
the
Synods
themselves
[
*
](A26154-e42960-b)
*
P.
80.
.
And
from
hence
he
infers
therefore
that
their
Definitions
are
no
farther
Obligatory
,
than
as
they
are
ratified
by
the
Civil
Authority
[
†
](A26154-e42980-b)
†
P.
79.
.
And
this
Point
he
is
so
sure
of
,
that
he
conceives
it
to
be
allowed
on
all
hands
;
whereas
I
on
the
contrary
conceive
,
that
it
is
allowed
on
no
hands
;
and
is
a
Conclusion
I
am-sure
,
that
neither
agrees
with
the
Principles
of
our
Church
,
nor
can
ever
be
drawn
from
the
Premisses
on
which
he
pretends
to
establish
it
.
If
this
Doctrine
be
good
,
then
is
that
of
our
Twentieth
Article
stark
naught
,
which
determines
,
that
the
Church
hath
Power
to
decree
Rites
or
Ceremonies
,
and
Authority
in
Matters
of
Faith
.
But
how
has
she
Power
and
Authority
to
this
purpose
,
if
her
Synodical
Decisions
are
in
no
case
farther
Obligatory
,
than
as
they
are
ratified
by
the
Civil
Authority
?
The
Magistrate
at
this
rate
,
will
have
Power
,
but
the
Church
her self
can
have
none
.
For
she
speaks
only
by
her
Synods
,
in
matters
of
this
nature
:
and
if
therefore
her
Synodical
Decrees
have
not
any
Authority
of
their
own
,
till
confirmed
by
the
Prince
,
then
under
an
Heathen
or
Heretical
Prince
,
the
Church
has
not
,
I
say
,
any
Authority
,
tho'
the
Article
expresly
says
,
that
she
has
.
It
is
very
observable
,
that
Dr.
Wake
has
not
in
either
of
his
Books
mentioned
this
Article
;
which
yet
surely
in
a
Controversie
of
this
nature
deserved
to
have
been
taken
notice
of
.
Such
an
Omission
could
not
be
by
chance
:
and
we
must
believe
therefore
,
that
he
is
of
the
Opinion
of
those
Back-friends
of
ours
in
Charles
the
First
's
time
,
who
would
allow
the
former
part
of
the
Article
no
more
Authority
than
Dr.
Wake
allows
to
the
Church
;
but
said
it
was
deceitfully
inserted
by
Archbishop
Laud
,
and
wanting
in
the
Original
.
He
might
be
ashamed
to
take
up
with
this
Reproach
,
after
that
Solemn
Appeal
,
which
the
Archbishop
in
his
Speech
in
the
Star-chamber
[
*
](A26154-e43150-b)
*
Anno
1637.
See
Heylin
's
Life
of
Laud
,
p.
339.
made
to
the
Records
of
Convocation
,
for
the
disproof
of
it
.
If
he
have
any
Suspicions
still
left
in
this
matter
,
my
Lord
of
Sarum
,
in
his
Late
Exposition
[
†
](A26154-e43200-b)
†
P.
26.
,
will
clear
them
.
In
the
mean
time
let
me
put
him
in
mind
of
the
Fate
of
Dr.
Mocket's
Book
de
Doctrinâ
&
Politeiâ
Ecclesiae
Anglicanae
[
‖
](A26154-e43230-b)
‖
In
4
to
.
London
,
1617.
,
which
tho'
writ
by
Archbishop
Abbot's
direction
,
yet
was
Burned
publickly
;
and
that
chiefly
on
the
account
of
this
very
Omission
,
if
Dr.
Heylin's
History
[
⸫
](A26154-e43280-b)
⸫
Life
of
Laud
,
p.
76
may
be
relyed
on
.
But
how
comes
he
to
dream
it
to
be
allowed
on
all
Hands
that
Synodical
Definitions
are
no
farther
Obligatory
than
they
are
ratified
by
the
Civil
Power
?
What
Church
upon
Earth
ever
determined
or
allowed
this
Doctrine
?
Because
the
Fathers
of
many
Synods
desir'd
the
Prince
,
under
whose
Direction
they
met
,
to
inforce
their
Decrees
by
Civil
Sanctions
and
Penalties
,
does
it
follow
,
that
therefore
these
Decrees
without
the
Addition
of
the
Civil
Sanction
would
have
had
no
Authority
,
no
Force
to
oblige
the
Consciences
of
Christians
?
Does
the
Subsequent
Authority
destroy
the
force
of
the
precedent
one
?
Is
the
one
of
these
lost
and
swallowed
up
in
the
other
?
At
this
rate
,
what
will
become
of
Excommunication
,
when
confirmed
,
as
it
is
here
with
us
,
by
a
Civil
Penalty
?
Has
the
Church
Sentence
in
this
case
no
Authority
,
because
the
Writ
de
Excommunicat●
capiendo
is
linked
to
it
,
and
issues
out
upon
it
?
Such
arguing
would
have
become
a
Disciple
of
Erastus
much
better
than
a
Son
of
the
Church
of
England
.
But
he
will
tell
me
Canons
lose
no
Authority
in
this
case
which
they
ever
had
,
because
indeed
they
never
had
any
:
the
Great
Priviledge
of
the
Church
being
only
to
prepare
Draughts
of
Canons
,
and
Dead
Matter
as
it
were
for
the
Royal
Stamp
afterwards
to
put
Life
into
.
But
if
so
,
How
shall
we
account
for
the
Acts
of
Church-power
exercised
by
Synods
,
from
the
first
Planting
of
the
Christian
Religion
,
till
the
Empire
turned
Christian
?
It
is
plain
,
that
the
Governours
of
the
Church
for
three
hundred
years
before
the
Civil
Power
came
in
to
assist
them
,
met
in
Synods
,
and
made
Laws
,
which
were
universally
submitted
to
,
not
only
as
Councils
or
Advices
proceeding
from
Men
whose
Character
was
had
in
great
Reverence
,
but
as
the
Commands
of
Lawful
Superiors
towards
their
Spiritual
Subjects
:
and
as
such
,
they
were
understood
to
oblige
the
Consciences
of
all
good
Christians
in
those
Ages
.
And
if
they
had
such
an
Authority
before
Constantine's
time
,
how
came
they
to
want
it
afterwards
?
As
the
Church
could
get
no
New
Power
by
coming
under
the
Protection
of
the
State
,
so
how
does
it
appear
that
she
lost
any
Old
one
?
The
Emperors
indeed
by
turning
Christians
gained
something
,
to
wit
an
Interest
in
the
management
of
Ecclesiastical
Affairs
:
but
their
Gains
were
not
built
on
the
Church-Governours
Losses
;
the
Power
that
by
this
means
accrued
to
'em
was
Accumulative
not
Privative
;
i.
e.
it
gave
them
some
Authority
which
they
had
not
,
but
it
took
not
that
away
which
the
Spiritual
Pastors
and
Governours
had
.
A
Distinction
,
that
I
am
not
afraid
to
make
use
of
,
notwithstanding
the
Quarter
it
comes
from
!
If
Dr.
Wake
therefore
denies
the
Definitions
of
Synods
[
held
under
the
Civil
Power
]
to
have
any
other
Authority
than
what
they
derive
from
that
Power
,
he
by
consequence
denies
that
the
Anti●
Nicene
Fathers
assembled
in
Synod
,
had
any
Right
to
prescribe
Rules
to
those
Christians
that
lived
within
the
District
over
which
they
presided
;
or
that
those
Christians
were
bound
to
obey
'em
:
He
affirms
in
effect
the
several
Canons
that
these
Assemblies
passed
,
the
Censures
that
they
pronounced
,
all
the
Acts
of
Synodical
Authority
which
they
exercised
to
be
in
themselves
Null
and
Void
,
and
mere
Usurpations
upon
the
Liberty
of
Christians
.
And
whether
he
will
take
up
with
these
Scandalous
Notions
,
or
not
,
we
shall
see
,
when
he
blesses
the
World
with
his
Next
Performance
:
Sure
I
am
that
without
'em
,
his
Scheme
cannot
be
consistent
,
and
of
a
piece
.
Agen
,
Dr.
Wake
is
also
very
faulty
on
this
Head
,
when
in
order
to
depress
the
Power
of
the
Church
,
he
promiscuosly
enumerates
all
the
Laws
,
framed
by
Princes
about
Ecclesiastical
Affairs
,
without
informing
us
which
of
those
Laws
only
traced
the
steps
of
precedent
Canons
,
and
which
of
them
proposed
New
Matter
of
Obedience
,
beside
,
or
contrary
to
those
Canons
;
which
would
in
this
case
have
been
a
very
Material
and
Pertinent
Distinction
.
He
is
full
of
the
Edicts
relating
to
Church-matters
,
that
are
to
be
met
with
in
the
Code
of
Theodosius
,
the
Code
and
Novels
of
Iustinian
,
&c.
[
*
](A26154-e43550-b)
*
P.
11.
But
it
would
have
been
very
honest
of
him
here
to
have
told
us
(
as
the
Truth
is
)
that
there
were
scarce
any
of
these
Edicts
,
to
which
some
Canon
had
not
before-hand
led
the
way
;
and
that
All
therefore
that
those
Princes
generally
did
,
was
to
re-enact
by
the
Civil
what
had
been
before
enacted
by
the
Ecclesiastical
Authority
;
and
to
give
the
Church
Decisions
more
weight
and
force
by
inserting
'em
into
the
Body
of
the
Imperial
Laws
,
and
annexing
further
Penalties
to
the
Breach
of
them
.
This
is
so
certain
and
known
a
Truth
,
that
even
at
this
day
we
can
point
out
the
several
Canons
upon
which
almost
all
the
Civil
Constitutions
of
those
Princes
were
founded
;
and
in
which
the
matter
of
'em
was
either
particularly
and
in
Terms
,
or
at
large
,
and
in
general
determined
.
And
if
in
some
few
Instances
we
should
not
be
able
to
do
this
,
what
wonder
is
it
?
when
it
is
considered
at
what
a
Vast
Distance
of
Time
we
live
from
the
first
Rise
of
these
things
,
and
how
many
Antient
Church-Monuments
that
would
have
given
light
in
these
matters
,
have
in
the
course
of
so
many
Ages
perished
?
Iustinian
in
his
Laws
appeals
frequently
to
the
Canons
,
and
professes
to
follow
them
[
*
](A26154-e43570-b)
*
Nov.
6.
c.
1.
Ibid.
§.
8.
Nov.
58.
sub
finem
.
Nov.
123.
c.
36.
.
And
by
this
Pattern
the
French
and
German
Princes
in
after-times
framed
their
Capitularies
,
taking
the
Subjects
of
them
from
the
Resolutions
of
antecedent
Synods
[
†
](A26154-e43610-b)
†
Decrevimus
juxta
Sanctorum
Canonum
Regulas
—
Caroloman
.
in
Syn.
Leptin
.
Anno
747.
,
and
even
referring
themselves
thither
,
for
the
more
clear
understanding
of
what
their
Law
only
briefly
and
in
General
delivered
[
‖
](A26154-e43630-b)
‖
P.
91.
.
A
Truth
so
Notorious
,
that
Dr.
Wake
himself
durst
not
dissemble
it
!
And
it
would
puzzle
a
man
therefore
to
shew
,
how
such
Laws
should
any
ways
derogate
from
the
Authority
of
Synods
,
which
they
took
their
rise
from
,
and
were
made
on
purpose
to
support
,
and
confirm
.
I
must
put
the
Doctor
in
mind
here
of
a
way
of
arguing
made
use
of
by
one
of
his
Seconds
in
this
Controversie
,
where
he
is
disputing
against
the
Universities
Authority
to
declare
Heresie
:
there
he
lays
down
this
Position
;
That
,
the
Convocation
of
the
University
of
Oxford
have
never
forbid
any
Doctrine
to
their
Scholars
,
before
that
very
particular
Doctrine
was
first
declared
Erroneous
,
or
Heretical
by
some
Persons
who
were
then
reputed
to
have
Power
to
declare
Heresie
[
*
](A26154-e43670-b)
*
L.
M.
P.
p.
69.
.
The
Truth
of
this
Assertion
I
at
present
trouble
not
my self
with
;
but
supposing
it
true
,
the
Inference
that
arises
from
it
has
weight
,
I
own
;
and
when
applied
to
our
Present
Argument
,
is
of
use
to
inform
us
,
what
Secular
Decrees
in
Church-matters
are
no
ways
prejudicial
to
the
Power
of
the
Church
,
and
the
Authority
of
Synods
.
And
this
was
an
Head
,
I
say
,
upon
which
Dr.
Wake
should
have
explained
himself
largely
and
openly
,
if
he
had
intended
a
fair
state
of
this
Controversie
,
or
had
had
any
other
New
in
what
he
wrote
than
merely
to
serve
a
Turn
,
and
to
advance
some
colourable
kind
of
Plea
for
a
Practice
,
which
,
if
he
knew
any
thing
of
these
matters
,
he
must
know
,
was
indefensible
,
and
be
writing
all
the
while
for
his
Point
,
against
his
Conscience
:
and
if
he
knew
nothing
of
it
,
with
what
Conscience
could
he
undertake
to
determine
it
?
These
are
words
that
I
do
not
easily
persuade
my self
to
bestow
on
any
Man
:
but
his
Gross
Prevarications
and
Disguises
of
Truth
in
Doctrines
of
so
great
moment
,
wherein
the
Interests
of
his
Order
,
and
of
Religion
are
so
nearly
concerned
,
force
this
hard
Language
from
me
.
Nor
stops
he
at
General
Reflections
in
this
case
,
but
brings
them
home
also
to
our
own
Church
and
Constitution
;
pretending
in
his
Appendix
[
†
](A26154-e43740-b)
†
Num.
vii
.
to
give
us
an
Abstract
of
several
things
relating
to
the
Church
,
which
have
been
done
since
the
25
Hen.
8.
by
Private
Commissions
,
or
otherwise
,
out
of
Convocation
.
In
which
Abstract
many
of
the
Points
mentioned
had
certainly
the
Authority
of
Convocation
,
tho'
he
would
fain
have
us
believe
they
had
not
;
and
that
,
antecedently
to
the
Civil
Injunction
:
Others
are
such
Acts
of
Ordinary
Power
,
as
by
the
consent
of
All
Churches
and
Parties
of
Men
every
Christian
Prince
is
confessedly
intitled
to
:
and
some
few
perhaps
might
be
owing
to
the
Necessity
of
Affairs
which
would
not
then
admit
of
more
Regular
Methods
;
and
should
not
therefore
be
vouched
as
reasonable
Precedents
,
and
setled
Rules
and
Standards
of
acting
in
more
quiet
times
;
which
is
manifestly
Dr.
Wake
's
End
in
producing
them
.
The
Reader
must
forgive
me
,
if
I
detain
him
so
long
,
as
to
run
through
the
Particulars
of
this
List
,
and
shew
upon
each
of
'em
,
how
far
the
Ecclesiastical
Power
concurred
and
led
the
way
to
it
.
It
will
be
a
dry
unpleasing
Task
,
but
is
of
use
to
clear
the
Orderliness
of
some
steps
taken
in
those
times
,
which
are
generally
misunderstood
;
and
is
necessary
to
wipe
off
the
Dirt
thrown
by
Dr.
Wake
on
the
English
Reformation
:
the
Process
of
which
,
I
am
satisfied
,
was
very
Regular
,
and
Canonical
in
most
Cases
,
tho'
in
some
,
by
reason
of
the
Loss
of
Records
,
it
cannot
easily
be
proved
so
.
Of
this
we
are
in
General
assured
by
such
as
lived
at
the
time
when
those
Records
were
in
being
,
particularly
by
Sir
Robert
Cotton
,
and
Mr.
Fuller
.
The
first
in
his
Posthuma
[
*
](A26154-e43840-b)
*
P.
215.
,
has
these
words
,
If
any
shall
object
that
many
Laws
in
Henry
the
Eighth's
time
had
first
the
Ground
in
Parliament
,
it
is
manifested
by
the
Dates
of
their
Acts
in
Convocation
,
that
they
All
had
in
that
place
their
first
Original
.
The
Latter
speaks
,
as
follows
:
Upon
serious
Examination
it
will
appear
,
that
there
was
nothing
done
in
the
Reformation
of
Religion
,
save
what
was
acted
by
the
Clergy
in
their
Convocations
,
or
Grounded
on
some
Act
of
theirs
precedent
to
it
,
with
the
Advice
,
Counsel
and
Consent
of
the
Bishops
,
and
most
Eminent
Church-men
;
confirmed
upon
the
Post-fact
,
and
not
otherwise
;
according
to
the
Usage
of
the
best
and
purest
Times
of
Christianity
[
*
](A26154-e43890-b)
*
Church-Hist
.
xvi
.
Cent.
p.
188.
.
To
which
I
shall
add
the
Testimony
of
one
,
who
must
be
allowed
a
Good
Witness
in
this
case
,
my
Lord
of
Sarum
:
He
assures
the
Bishop
of
Meaux
,
in
the
Answer
he
made
to
his
Variations
,
that
Our
Parliaments
and
Princes
have
not
medled
in
matters
of
Religion
any
other
way
,
but
that
they
have
given
the
Civil
Sanction
to
the
Propositions
made
by
the
Church
:
and
this
is
that
which
Christian
Princes
do
in
all
Places
[
†
](A26154-e43940-b)
†
P.
35.
.
And
in
1604
,
I
find
a
Puritan
Writer
making
this
Challenge
:
Let
them
,
if
they
can
,
shew
any
one
Instance
of
any
Change
or
Alteration
,
either
from
Religion
to
Superstition
,
or
from
Superstition
to
Religion
to
have
been
made
in
Parliament
,
unless
the
same
freely
and
at
large
have
been
first
agred
upon
in
their
Synods
and
Convocations
[
‖
](A26154-e43970-b)
‖
Assertion
of
True
and
Christian
Policy
.
P.
168.
.
Which
is
no
otherwise
considerable
,
I
own
,
than
as
it
comes
from
the
Pen
of
an
Adversary
.
These
are
General
Proofs
,
which
would
go
a
good
way
towards
setting
aside
the
Particulars
in
Dr.
Wake
's
Abstract
,
if
we
had
nothing
more
to
say
against
'em
:
But
they
shall
be
further
and
more
distinctly
considered
.
The
Doctor
took
'em
,
he
says
,
out
of
his
Collections
as
they
lay
there
:
and
for
these
Collections
,
I
find
,
he
scarce
ever
goes
further
than
Bishop
Burnet's
History
of
the
Reformation
;
which
tho'
a
very
Excellent
Work
,
and
meriting
the
Thanks
of
Parliament
,
which
it
had
;
yet
,
as
to
the
Proceedings
of
Convocation
,
and
the
share
which
the
Ecclesiastical
Authority
bore
all
along
in
those
Changes
,
is
extremely
defective
;
partly
from
the
want
of
Records
,
and
partly
from
his
Lordship's
omiting
to
set
down
All
even
of
that
Little
that
is
left
us
,
on
this
Head
,
in
the
Manuscript
Memoirs
of
that
time
:
So
that
it
is
no
Proof
that
nothing
was
done
by
the
Clergy
in
such
or
such
a
Case
,
because
his
Lordship
says
nothing
of
it
.
Besides
,
that
History
is
by
its
very
Method
apt
to
mislead
an
unwary
Reader
in
Enquiries
of
this
nature
;
the
way
of
it
being
,
to
set
down
first
the
Proceedings
of
Parliament
in
every
case
,
and
then
those
of
Convocation
:
which
makes
it
look
oftentimes
,
as
if
the
Parliament
had
led
the
way
to
the
Convocation
,
in
their
Debates
,
when
the
contrary
to
that
is
most
certainly
true
;
and
would
have
appeared
so
to
be
,
had
his
Lordship
thought
fit
to
follow
the
Pattern
set
by
Antiquitates
Britannicae
,
and
given
the
Precedence
always
to
the
Acts
of
Convocation
,
when
the
Business
was
first
agitated
there
,
and
afterwards
brought
into
Parliament
:
which
,
in
a
Church-Historian
,
had
,
I
presume
,
been
a
method
not
improper
or
unbecoming
.
At
least
,
since
his
Lordship
could
not
but
know
,
that
our
Reformation
had
suffered
by
being
misunderstood
in
these
respects
,
it
might
not
have
been
amiss
to
have
given
us
warning
,
when
things
were
told
out
of
the
Natural
Order
of
time
in
which
they
hapned
,
and
in
what
Instances
the
Leading
steps
were
from
the
Convocation
,
tho'
the
Course
of
his
History
seemed
to
place
the
rise
of
'em
elswhere
.
The
want
of
this
notice
has
occasioned
Dr.
Wake
's
mistakes
in
some
cases
,
and
in
others
he
has
not
made
use
even
of
the
Light
which
this
History
would
have
afforded
him
.
I
shall
examine
every
Instance
,
any
ways
material
,
the
Injunctions
only
excepted
;
which
,
it
must
be
confessed
,
were
by
Henry
the
Eighth
,
and
Edward
the
Sixth
,
in
vertue
of
their
Supreme
Headship
,
and
under
the
shelter
of
that
Act
,
which
made
the
King's
Proclamations
equal
to
an
Act
of
Parliament
,
Issued
out
in
a
very
Arbitrary
manner
;
and
continued
so
to
be
,
as
long
as
our
Princes
could
in
their
High
Commission-Court
take
notice
of
the
Breach
of
them
.
But
since
that
Court
has
been
put
down
,
and
the
Extraordinary
Acts
of
Spiritual
Jurisdiction
,
annexed
to
the
Imperial
Crown
of
England
by
the
First
of
Elizabeth
,
Chap.
1.
can
now
be
exercised
only
in
Parliament
▪
how
far
any
Royal
Injunction
is
valid
,
unless
where
by
the
Advice
of
the
Metropolitan
it
orders
such
things
as
that
Act
directs
and
allows
,
or
seconds
some
Authentick
Canon
,
or
Received
Practice
;
and
whether
it
has
any
greater
force
in
Ecclesiastical
,
than
the
King's
Proclamation
has
in
Civil
Affairs
,
I
leave
to
the
Gentlemen
of
the
Long
Robe
to
determine
.
The
Clergy
,
I
am
sure
,
are
not
the
only
Persons
concerned
in
this
point
;
for
the
Princes
of
those
days
carried
their
Power
further
than
Them
,
and
issued
out
Injunctions
alike
for
the
Clergy
,
and
Laity
[
*
](A26154-e44170-b)
*
See
Edward
the
Sixth's
Injunctions
,
To
all
and
Singular
his
Loving
Subjects
,
as
well
of
the
Clergy
,
as
of
the
Laity
.
Sparrow
,
p.
1.
And
Q.
Elizabeth
's
,
Anno
1559.
Ibid.
p.
65.
.
If
the
Professors
of
the
Law
think
that
the
Crown
has
still
such
a
Power
of
sending
out
Commands
at
pleasure
,
the
Clergy
will
,
I
dare
say
,
be
concluded
by
Their
Opinion
.
An
Abstract
of
several
Things
relating
to
the
Church
,
25
Hen.
8.
Thirty
two
Persons
appointed
to
review
,
&c.
the
Canons
of
the
Church
,
and
to
gather
out
of
them
such
as
should
from
thenceforth
alone
be
of
force
in
it
.
See
the
Act.
c.
19.
Dr.
Wake
might
,
if
he
had
pleased
,
have
said
,
See
the
Petition
of
the
Clergy
in
Convocation
,
which
preceded
this
Act
,
and
wherein
this
Review
of
the
Canons
is
by
Them
desired
.
What
was
done
in
this
matter
,
was
done
at
Their
Instance
,
and
therefore
had
Their
Authority
.
1536.
Order
for
the
Translation
of
the
Bible
.
B●rn
.
Hist.
Ref.
p.
195
,
249
,
302.
This
too
was
in
consequence
of
a
Petition
from
the
Convocation
,
a
Memorandum
of
which
is
entred
in
their
Acts
Decemb.
19.
1534.
Heylin
[
*
](A26154-e44500-b)
*
Reform
.
justified
,
p.
8.
seems
to
say
,
that
it
was
put
up
by
Both
Houses
▪
However
that
which
came
from
the
Upper
House
is
still
extant
in
a
Cotton
Manuscript
[
†
](A26154-e44520-b)
†
Cleopatra
,
E.
5.
fol.
339.
:
and
in
it
the
Bishops
,
Abbots
,
and
Priors
request
the
Archbishop
to
be
instant
with
the
King
,
Ut
dignaretur
decernere
quòd
Sacra
Scriptura
in
Linguam
Vulgarem
Anglicanam
per
quosdam
Praelatos
&
Doctos
Viros
per
dictum
Illustrissimum
Regem
nominandos
transferatur
.
And
this
Dr.
Wake
could
not
well
be
ignorant
of
,
because
his
very
Guide
in
one
of
the
places
he
himself
quotes
from
him
[
‖
](A26154-e44590-b)
‖
P.
195.
on
this
occasion
,
mentions
this
Petition
[
*
](A26154-e44610-b)
*
But
places
it
in
1536.
i.
e.
Two
Years
later
than
it
was
really
made
.
,
as
an
Act
of
Both
Houses
,
and
let
's
us
know
,
the
Translation
of
the
Bible
took
its
rise
from
it
.
1538.
Explication
of
the
Chief
Points
in
Religion
,
published
at
the
Close
of
the
Convocation
,
but
not
by
it
.
Ibid.
p.
245.
He
means
the
Book
called
The
Institution
of
a
Christian
Man
;
but
mistakes
both
the
Time
of
its
coming
out
,
and
its
Title
,
and
the
Authority
by
which
it
was
published
.
And
in
the
first
and
last
,
of
these
that
very
Passage
he
cites
,
would
have
set
him
right
,
if
he
had
heeded
it
.
For
thus
it
speaks
:
Tho'
there
was
no
Parliament
in
the
Year
1537
,
yet
there
was
a
Convocation
;
upon
the
Conclusion
of
which
there
was
Printed
an
Explanation
of
the
chief
Points
of
Religion
,
Signed
by
Nineteen
Bishops
,
Eight
Archdeacons
,
and
Seventeen
Doctors
of
Divinity
and
Law
[
†
](A26154-e44770-b)
†
Hist.
Ref.
Vol.
1.
p.
245.
.
Here
is
no
Intimation
of
its
not
passing
the
Convocation
,
but
rather
the
contrary
;
Twenty
five
of
the
Lower
House
subscribing
it
:
which
might
well
be
a
Majority
of
the
Members
,
when
not
many
years
before
,
in
the
great
Debate
about
the
Divorce
of
Queen
Cathari●e
,
Twenty
three
only
(
as
we
have
heard
already
[
*
](A26154-e44790-b)
*
P.
53.
)
were
present
;
and
Fourteen
of
these
Votes
therefore
made
a
Majority
of
that
House
.
But
Heylin
,
who
had
the
Opportunity
of
examining
the
Registers
,
puts
this
matter
beyond
a
Probability
;
for
he
speaks
every
where
[
†
](A26154-e44810-b)
†
Ref.
just
.
p.
11.
&
p.
549.
of
this
Book
as
having
passed
the
Convocation
,
and
of
these
Twenty
five
as
Subscribing
it
in
the
Name
of
all
the
rest
of
the
Members
.
At
least
,
if
Heylin's
word
may
not
be
taken
for
it
,
yet
Dr.
Wake
's
,
I
hope
,
may
:
And
he
,
in
his
Appeal
[
‖
](A26154-e44860-b)
‖
P.
28.
calls
the
Clergy's
Dedication
of
this
Book
an
Address
of
the
Convocation
to
the
King
;
and
says
,
it
was
Subscribed
by
both
Houses
.
1539.
A
Committee
of
Bishops
appointed
by
the
Lords
,
at
the
King's
Command
,
to
draw
up
Articles
of
Religion
.
Ibid.
pag.
256.
This
was
in
a
Preparatory
way
only
,
and
in
order
to
their
being
considered
by
the
Convocation
and
Parliament
.
However
this
Committee
did
nothing
⸫
,
[
‖
](A26154-e45000-b)
‖
Bp.
Burn.
Ibid.
and
should
not
therefore
be
made
an
Instance
of
Things
relating
to
the
Church
,
done
out
of
Parliament
.
And
which
is
more
,
the
Convocation
did
the
very
business
,
which
this
Committee
was
appointed
to
do
;
as
we
shall
learn
from
the
next
Particular
.
The
Six
Articles
on
which
the
Act
passed
▪
brought
in
by
the
Duke
of
Norfolk
,
and
wholly
carried
on
by
the
Parliament
.
Ibid.
p.
256
,
&c.
This
is
News
to
that
Parliament
,
by
which
Dr.
Wake
says
it
was
wholly
carried
on
;
for
They
in
the
Preamble
of
the
Act
of
the
Six
Articles
,
say
,
That
the
King
considering
,
&c.
had
caused
his
most
High
Court
of
Parliament
to
be
Summoned
;
and
also
a
Synod
and
Convocation
of
all
the
Archbishops
,
and
Bishops
,
and
other
Learned
Men
of
the
Clergy
of
this
his
Realm
.
—
In
which
Parliament
and
Convocation
,
there
were
certain
Articles
set
forth
,
&c.
and
after
a
great
and
long
,
deliberate
and
advised
disputation
and
consultation
had
and
made
concerning
the
said
Articles
,
as
well
by
the
Consent
of
the
King's
Highness
,
as
by
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
other
Learned
Men
of
his
Clergy
in
this
Convocations
and
by
the
Consent
of
the
Commons
in
this
present
Parliament
Assembled
,
it
was
and
is
finally
resolved
,
accorded
and
agreed
in
manner
and
form
following
[
†
](A26154-e45180-b)
†
31
H.
8.
c.
14.
.
We
see
these
Articles
were
so
far
from
being
wholly
carried
on
by
Parliament
,
that
the
Parliament
it self
thought
not
fit
to
Enact
'em
,
without
expressing
in
their
Bill
the
previous
Consent
of
the
Clergy
in
Convocation
.
Some
Body
seems
to
have
told
the
Doctor
thus
much
,
before
he
wrote
his
Appeal
;
in
a
corner
of
which
,
among
the
Errata
,
he
desires
that
these
four
Lines
may
be
blotted
out
.
Why
he
was
so
Particular
in
his
Requests
I
cannot
tell
:
but
sure
I
am
,
that
there
are
very
few
Lines
in
this
whole
Article
of
his
Appendix
,
that
do
not
deserve
blotting
out
as
much
as
They.
1540.
A
Committee
of
Divines
employed
to
draw
up
the
Necessary
Erudition
of
a
Christian
Man
.
Ibid.
p.
286.
In
saying
they
were
employed
to
draw
it
up
,
he
speaks
unaccurately
;
for
that
implys
it
to
be
then
first
drawn
up
,
whereas
this
Book
was
in
the
main
the
same
with
that
which
was
published
in
1537
,
under
the
Title
of
the
Institution
of
a
Christian
Man
.
This
I
have
already
shewn
,
passed
the
Convocation
:
The
Members
of
which
,
that
were
employed
in
composing
it
,
do
in
their
Dedication
of
it
to
the
King
,
Most
humbly
submit
it
to
his
most
Excellent
Wisdom
,
and
Exact
Iudgment
—
to
be
recognized
,
overseen
,
and
corrected
,
if
his
Grace
shall
find
any
Word
or
Sentence
in
it
meet
to
be
changed
,
qualified
,
or
further
expounded
,
&c.
The
Liberty
thus
given
by
the
Clergy
,
was
made
use
of
by
the
King
,
who
in
1540
committed
it
to
several
Bishops
and
Divines
.
(
All
Members
of
Convocation
)
to
be
review'd
,
and
made
afterwards
some
Alterations
in
it
with
his
own
Hand
(
to
be
seen
still
in
the
Original
in
Sir
I.
Cotton's
Library
[
*
](A26154-e45360-b)
*
Heylin
.
Ref.
justif
.
p.
549.
)
and
finally
published
it
anew
in
the
year
1543
[
†
](A26154-e45380-b)
†
There
was
an
Edition
in
1540.
which
differs
not
considerably
from
that
in
1543
;
and
therefore
I
give
no
Distinct
Account
of
it
.
,
with
this
Title
[
‖
](A26154-e45420-b)
‖
Which
the
Exact
Mr.
Nicholson
has
changed
into
a
Necessary
Defence
for
all
sorts
of
People
.
Hist.
Libr.
Vol.
3.
p.
197.
Where
he
tells
us
also
,
that
the
King
drew
up
these
Articles
in
1543
;
meaning
,
that
he
made
some
Marginal
Amendments
to
the
Book
after
it
was
drawn
up
.
This
he
mentions
at
large
,
as
an
approved
Instance
of
the
King's
Power
in
such
cases
without
intimating
his
Dislike
of
it
:
and
without
letting
us
know
(
how
should
be
?
for
he
knew
it
not
himself
)
that
what
the
King
did
here
,
was
not
only
at
the
previous
Permission
,
but
Desire
of
the
Clergy
;
and
was
afterwards
once
again
by
them
in
Convocation
confirmed
.
Such
accuracy
is
there
in
the
Accounts
of
Books
given
us
by
this
Historical
Librarian
!
,
A
Necessary
Doctrine
and
Erudition
for
any
Chrysten
Man
,
set
furthe
by
the
Kinges
Majeste
of
England
.
There
is
no
mention
here
of
the
Concurrence
of
the
Clergy
in
Convocation
to
this
Book
;
and
yet
it
is
certain
that
all
the
new
Alterations
and
Additions
in
it
,
as
they
sprang
at
first
from
a
Request
of
theirs
,
so
passed
'em
agen
solemnly
afterwards
.
This
appears
from
some
short
Memorandums
[
*
](A26154-e45510-b)
*
Sess.
25.
Apr.
25.
Reverendissimus
tractavit
de
Sacramentis
(
of
which
that
Book
treats
at
large
)
&
ibi
examinati
sunt
quidam
Articuli
.
Sess.
26.
Ult.
Apr.
Reverendissimus
exposuit
Articulum
Liberi
Arbitrii
(
which
is
another
Head
there
)
ubi
Prolocutor
,
&c.
exposuerunt
suas
Sententias
.
of
the
Acts
of
Convocation
in
1543
,
from
Heylin's
Express
Testimony
[
†
](A26154-e45590-b)
†
Ibid.
See
also
(
in
his
Quinquartic
.
Controv.
p.
569.
)
some
other
Passages
out
of
the
Acts
of
that
Convocation
,
which
prove
manifestly
that
these
Alterations
underwent
their
Review
.
,
and
from
those
words
in
the
King's
Preface
prefix'd
to
the
Book
;
that
he
had
set
it
furthe
with
the
Advise
of
his
Clergy
—
the
Lordes
bothe
Spirituall
and
Temporall
,
with
the
Nether
House
of
Parliament
,
having
both
seen
and
lik'd
it
well
.
Another
Commission
appointed
to
Examine
the
Rites
and
Ceremonies
of
the
Church
.
Ibid.
p.
294.
This
Committee
of
Bishops
and
Divines
,
for
reforming
the
Rituals
and
Offices
of
the
Church
,
was
setled
at
the
same
Time
with
That
which
reviewed
the
Institution
;
and
was
composed
therefore
,
as
That
was
,
of
the
Members
(
and
probably
of
the
same
Members
)
of
Convocation
,
which
was
sitting
now
at
the
Time
,
when
this
Committee
was
appointed
;
as
appears
by
the
Subsidy
[
*
](A26154-e45770-b)
*
32
H.
8.
c.
23.
,
and
the
Sentence
of
Divorce
[
⸫
](A26154-e45790-b)
⸫
32
H.
8.
c.
25.
,
that
passed
'em
,
compared
with
the
Act
of
Parliament
of
the
same
Session
[
†
](A26154-e45800-b)
†
Rastall
,
p.
690.
,
that
mentions
this
Committee
as
sitting
.
From
hence
alone
we
might
have
been
satisfied
,
that
this
Committee
was
impowered
by
the
Convocation
to
act
,
had
we
no
other
Evidence
for
it
.
But
,
as
it
happens
,
we
have
:
for
in
the
short
Remains
of
Edward
the
Sixth's
first
Convocation
,
this
Committee
is
said
to
have
met
ex
Mandato
Convocationis
[
*
](A26154-e45860-b)
*
In
a
Petition
of
theirs
,
where
they
pray
,
Ut
Opera
Episcoporum
&
aliorum
,
qui
aliàs
ex
Mandato
Convocationis
Servitio
Divino
Examinando
,
Reformando
,
&
Edendo
invigilarunt
,
proferantur
,
&
hujus
Dom●s
Examinationem
subeant
.
Synodalia
.
.
And
something
of
the
same
nature
seems
to
be
intimated
in
the
Statute
I
mentioned
,
which
Enacts
,
that
whatever
should
be
Ordained
and
set
forth
by
the
Archbishops
,
Bishops
,
and
Doctors
now
appointed
,
or
other
Persons
hereafter
to
be
appointed
,
by
his
Royal
Majesty
,
or
else
by
the
whole
Clergy
of
England
,
in
and
upon
the
matter
of
Christ's
Religion
,
and
the
Christian
Faith
[
†
](A26154-e45940-b)
†
This
relates
to
the
Institution
of
a
Christian
Man
,
then
to
be
reviewed
.
,
and
Lawful
Rites
and
Ceremonies
[
‖
](A26154-e45980-b)
‖
This
to
the
Rituals
,
at
the
same
time
to
be
altered
.
,
and
Observations
of
the
same
,
shall
be
in
all
and
every
point
,
limitation
,
and
circumstance
thereof
by
all
his
Grace's
Subjects
,
&c.
fully
believed
,
obeyed
,
observed
,
and
performed
.
Here
the
words
[
by
the
whole
Clergy
of
England
]
do
most
naturally
refer
to
the
Last
Verb
[
appointed
,
]
and
under
that
Construction
imply
,
that
this
,
and
such
like
Committees
,
were
consented
to
by
the
Convocation
,
as
well
as
named
by
the
King
:
and
so
they
certainly
were
.
And
the
reason
of
establishing
'em
was
,
because
the
matters
to
be
discussed
requiring
(
as
this
very
Act
speaks
)
ripe
and
mature
deliberation
were
not
rashly
to
be
defined
,
nor
restrained
to
this
present
Session
,
or
any
other
Session
of
Parliament
:
as
they
must
have
been
,
if
they
had
been
considered
only
in
Convocation
;
which
Then
sat
,
and
rose
always
,
within
a
few
days
of
the
Parliament
.
These
Committees
therefore
were
appointed
to
sit
in
the
Intervals
of
Parliament
:
and
tho'
they
had
a
Power
of
concluding
finally
,
yet
they
seldom
,
I
suppose
,
did
more
than
prepare
business
to
be
laid
before
the
Convocation
,
when
it
sat
.
Accordingly
what
was
done
by
this
Committee
for
reforming
the
Offices
,
was
reconsider'd
by
the
Convocation
it self
,
two
or
three
years
afterwards
;
as
a
Manuscript
Note
[
*
](A26154-e46090-b)
*
Sess.
19.
21.
Feb.
1542
,
&
43.
Reverendissimus
dixit
Regem
velle
Libros
quosdam
Ecclesiasticos
examinari
&
corrigi
.
Ubi
Reverendissimus
tradidi●
hos
Libros
examinandos
quibusdam
Episcopis
.
I
have
met
with
,
taken
from
the
Journals
of
Convocation
,
implies
.
These
Committees
indeed
are
spoken
of
sometimes
in
our
Statutes
,
and
elsewhere
,
as
appointed
by
the
King
,
without
any
mention
of
the
Convocation-Clergy
:
which
was
partly
owing
to
the
Doctrine
of
those
times
,
by
which
the
King
in
virtue
of
his
Supreme
Headship
,
was
said
to
do
,
decree
,
and
order
every
thing
,
tho'
the
previous
Steps
and
Resolves
were
from
the
Convocation
;
and
was
withal
not
improper
,
considering
how
much
was
left
to
the
Royal
Power
in
such
matters
:
for
the
Clergy
often
only
Petitioned
the
King
for
a
Committee
,
and
referred
the
Nomination
of
it
to
him
;
of
which
a
clear
Instance
has
been
given
before
,
in
the
Request
for
the
Translation
of
the
Bible
.
Indeed
,
when
the
Committee
was
composed
of
Members
from
both
Provinces
,
(
as
it
was
in
the
Present
case
[
*
](A26154-e46160-b)
*
The
Act
styles
them
,
The
Archbishops
,
and
sundry
Bishops
of
Both
Provinces
,
of
Canterbury
and
York
,
within
this
Realm
,
and
also
a
great
Number
of
the
best
Learned
,
Honestest
,
and
most
Vertuous
sort
of
Doctors
of
Divinity
,
Men
of
Discretion
,
and
Iudgment
,
and
Good
Disposition
,
of
this
said
Realm
.
)
it
could
not
sit
and
act
by
a
bare
Order
of
the
Clergy
;
but
was
necessarily
to
have
the
King's
Commission
,
before
it
could
be
a
Legal
Assembly
:
and
no
wonder
therefore
,
if
,
tho'
both
Convocations
consented
to
it
,
and
perhaps
sometimes
named
it
,
yet
the
King
only
be
said
to
impower
them
.
And
here
I
must
once
for
all
observe
,
that
whatever
was
done
by
such
Select
Committees
,
appointed
,
or
approved
by
Convocation
,
tho'
done
out
of
Convocation
,
must
be
reckoned
done
by
it
;
as
carrying
the
stamp
of
its
Authority
:
For
so
the
way
has
been
in
all
manner
of
Assemblies
,
both
Ecclesiastical
,
and
Civil
.
The
Catechismus
ad
Par●chos
,
among
the
Papists
,
is
accounted
to
have
the
Authority
of
the
Council
of
Trent
,
tho'
that
Council
never
passed
,
or
saw
it
;
because
it
was
drawn
up
,
and
published
by
Order
of
the
Pope
,
to
whom
that
Council
had
referred
it
.
The
like
is
to
be
said
of
the
Oxford
[
†
](A26154-e46390-b)
†
Bp.
B●●●
.
Vol.
1.
p.
85.
,
and
Cambridge
[
‖
](A26154-e46420-b)
‖
Ibid.
p.
87.
Resolutions
,
concerning
the
Invalidity
of
King
Henry's
first
Marriage
;
which
carried
the
Authority
of
those
Universities
,
because
drawn
up
by
Committees
,
which
were
in
full
Convocation
appointed
by
them
.
Nor
want
we
Precedents
of
a
Delegation
of
the
Power
even
of
Parliaments
to
Committees
,
in
antient
times
.
For
1
Hen.
6.
some
Lords
and
Others
of
the
King's
Council
were
impowered
to
determine
all
such
Bills
and
Petitions
,
as
were
not
answered
in
Parliament
[
*
](A26154-e46480-b)
*
Rot.
Parl.
n.
21.
;
and
so
agen
6
Hen.
6.
n.
45
,
46.
and
several
Times
before
,
and
after
.
And
Henry
the
Eighth
had
frequently
the
whole
Power
of
Parliament
Translated
upon
him
:
We
are
not
to
wonder
therefore
if
the
Convocations
of
his
Reign
did
something
like
this
,
when
they
had
so
Great
Patterns
to
follow
,
and
were
so
much
more
at
his
Mercy
than
Parliaments
were
.
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.
Were
the
Translating
of
Scripture
a
Work
appropriated
to
Synods
,
(
as
sure
it
is
not
)
yet
the
Petition
of
the
two
Houses
in
1534
to
the
King
,
to
take
care
of
a
New
Translation
of
the
Bible
,
would
have
been
Warrant
enough
for
him
to
have
put
it
into
whose
hands
he
pleased
.
Especially
,
since
it
is
probable
,
that
this
very
Synod
in
1542
complied
at
last
with
the
King's
Proposal
.
I
find
indeed
in
some
Minutes
of
their
Acts
,
that
the
Bishops
at
first
disagreed
to
it
[
†
](A26154-e46620-b)
†
Sess.
9.
Mart.
1541
,
42.
:
but
they
were
,
I
suppose
,
over-rul●d
▪
for
Parker's
account
is
only
,
Aliquandiu
quibus
Biblia
transferenda
committerentur
,
ambigebant
[
‖
](A26154-e46670-b)
‖
P.
338.
;
which
shews
,
that
the
dispute
was
soon
over
.
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.
This
was
done
by
a
Royal
Injunction
[
*
](A26154-e46770-b)
*
So
it
is
styl●d
in
Bonner
's
Reg.
f.
48.
,
then
equal
to
an
Act
of
Parliament
,
and
need
not
therefore
by
me
here
be
accounted
for
.
However
,
there
is
reason
to
believe
,
that
the
Committee
for
Reforming
the
Offices
,
or
the
Convocation
it self
,
might
have
an
hand
in
it
:
for
about
this
time
,
it
is
plain
,
they
composed
the
Little
Book
of
Prayers
,
called
the
Orarium
[
†
](A26154-e46810-b)
†
Orarium
,
sive
Libellus
Precationum
,
per
Regiam
Majestatem
&
Clerum
Latinè
editus
.
Ex
Officina
Rich.
Grafton
.
1545.
,
which
was
set
out
by
the
King
the
Year
afterwards
.
1547.
The
King
orders
a
Visitation
over
his
whole
Kingdom
,
and
thereupon
suspends
all
Episcopal
Iurisdiction
while
it
lasted
.
Vol.
II.
p.
26.
The
King
Visited
by
vertue
of
his
Supreme
Headship
,
recognized
first
in
Convocation
,
and
established
afterwards
in
Parliament
.
And
while
this
Royal
Visitation
lasted
,
all
Inferior
Jurisdictions
ceased
a
course
;
as
they
do
,
even
when
an
Archbishop
visits
[
‖
](A26154-e46910-b)
‖
Pendente
Visitatione
Atchiepiscopali
tam
Suffraganei
quam
Inferiores
Praelati
ordinari●
su●
Jurisdictione
abstinent
,
omniaque
per
Archiepiscopum
ejusque
Commissarios
expediuntur
.
—
Ant.
Brit.
p.
29.
.
But
what
would
Dr.
Wake
infer
from
this
Instance
?
that
the
King
took
to
himself
a
Power
,
which
has
been
thought
regularly
to
belong
to
the
Convocation
?
Why
,
was
ever
any
Man
wild
enough
to
say
,
that
the
Convocation
were
the
Visitors-General
of
all
Ecclesiastical
Bodies
in
England
?
The
Homilies
composed
.
Ibid.
He
should
say
,
reviewed
,
and
altered
:
for
they
were
composed
many
years
before
,
in
the
Convocation
of
1542
,
as
the
Acts
declare
[
*
](A26154-e47020-b)
*
Ian.
1541
,
&
42.
Tractavit
Reverendissimus
de
Homiliis
conficiendis
.
16.
Feb.
1542
,
&
43.
Presentatae
sunt
Homiliae
compositae
per
quosdam
Praelatos
de
diversis
materiis
.
.
And
by
vertue
of
this
Convocational
Authority
which
they
had
,
Archbishop
Cranmer
sent
'em
1
E.
6.
to
Bishop
Gardiner
requiring
him
to
publish
'em
throughout
his
Diocese
.
Thus
Bishop
Gardiner
himself
in
his
Letters
to
the
Protector
[
†
](A26154-e47100-b)
†
Fox
.
Vol.
2.
p.
1.
;
the
first
words
of
the
first
of
which
are
,
After
most
humble
Commendations
to
your
Grace
,
I
have
received
this
day
Letters
from
my
Lord
of
Canterbury
,
touching
certain
Homilies
,
which
the
Bishops
in
the
Convocation
holden
Anno
Dom.
1542.
agreed
to
make
for
stay
of
such
Errors
,
as
were
then
by
Ignorant
Persons
sparkeled
among
the
People
.
The
Second
begins
thus
:
I
have
received
other
Letters
from
my
Lord
of
Canterbury
,
requiring
the
said
Homilies
,
by
vertue
of
a
Convocation
holden
five
years
past
:
[
He
does
not
allow
indeed
,
that
the
Homilies
formally
passed
that
Synod
,
for
he
adds
]
Wherein
we
communed
of
That
,
which
took
none
effect
then
,
and
much
less
needeth
to
be
put
in
Execution
,
ne
in
my
judgment
cannot
.
But
Cranmer
,
we
see
,
was
of
another
opinion
,
and
thought
these
Homilies
sufficiently
authoriz'd
by
the
Convocation
of
1542
;
and
that
they
wanted
only
to
be
confirmed
,
and
recommended
by
the
King
;
as
they
were
in
the
Injunctions
of
that
year
.
But
should
there
be
any
thing
wanting
to
the
Authority
of
these
Homilies
,
when
first
set
out
,
that
want
was
made
up
,
when
they
were
subsequently
ratified
by
the
Clergy
in
Convocation
[
*
](A26154-e47220-b)
*
See
Art
.
of
1552
,
&
1562.
.
L.
M.
P.
has
increased
Dr.
Wake
's
Collections
by
an
Instance
or
two
of
this
date
,
which
must
not
be
neglected
:
Parliaments
,
he
says
,
without
the
Concurrence
of
Convocations
have
learnedly
argued
and
determined
the
Questions
about
the
Lawfulness
of
Priests
Marriage
,
and
Communion
in
one
kind
[
†
](A26154-e47290-b)
†
P.
16.
.
As
to
the
first
of
these
,
the
Stat.
2
&
3
E.
6.
c.
21.
does
indeed
determine
this
point
;
but
it
is
in
consequence
,
and
almost
in
the
very
words
,
of
the
Determination
of
the
Clergy
in
Convocation
made
the
year
before
,
which
Arth.
Harmar
has
Printed
[
‖
](A26154-e47350-b)
‖
P.
170.
,
and
my
Lord
of
Sarum
has
given
a
short
account
of
[
⸫
](A26154-e47370-b)
⸫
Vol.
2.
p.
50.
,
tho'
with
some
mistakes
in
the
Circumstances
of
it
.
For
whereas
his
Lordship
makes
but
Thirty
five
to
have
affirmed
the
Question
,
and
but
Four●een
to
have
denied
it
;
there
were
many
more
in
either
case
,
Fifty
three
in
the
first
,
and
Twenty
two
in
the
latter
[
*
](A26154-e47380-b)
*
Synodalia
.
.
The
Name
also
of
the
Prolocutor
,
who
gathered
these
Votes
,
is
mistaken
:
for
it
was
Io.
Taylor
Dean
of
Lincoln
,
not
I.
Tyler
;
who
had
been
Prolocutor
Thirty
two
years
before
in
the
Convocation
of
1515
:
where
his
Lordship
takes
notice
of
him
[
†
](A26154-e47420-b)
†
Vol.
1.
p.
14.
with
Indignation
,
for
making
a
Partial
Entry
in
the
Journals
of
Parliament
,
on
behalf
of
the
Clergy
,
then
contending
with
the
Lay-power
,
about
their
Ecclesiastical
Priviledges
,
which
his
Lordship
says
,
is
no
wonder
;
the
Clark
of
the
Parliament
being
at
the
same
Time
Speaker
to
the
Lower
House
of
Convocation
—
tho'
,
had
not
his
Lordship
thus
judged
,
I
should
have
been
apt
to
have
thought
this
Entry
Impartial
,
for
the
very
same
reason
;
because
the
Man
that
made
it
,
belonged
equally
to
both
the
contending
Parties
:
Unless
it
shall
be
said
,
that
Clergy-men
are
so
blindly
devoted
to
the
Interests
of
their
Order
,
that
no
other
Tyes
,
or
Views
whatsoever
can
make
'em
think
indifferently
,
where
That
is
concerned
.
But
of
this
his
Lordship
's
own
Works
are
an
Effectual
Disproof
.
As
to
the
other
Point
,
about
the
Communion
in
both
kinds
,
neither
did
the
Parliament
establish
that
,
without
the
Concurrence
of
Convocation
:
for
tho'
the
Clause
concerning
it
was
brought
into
the
House
of
Lords
(
by
Bishop
Cranmer
,
I
suppose
)
Novemb.
24
[
*
](A26154-e47520-b)
*
Bishop
Burn.
Vol.
2.
p.
41.
,
yet
it
lay
upon
the
Table
,
without
being
called
for
again
,
till
the
Clergy
Decemb.
2.
had
Voted
it
in
Convocation
;
after
which
,
the
very
next
day
[
†
](A26154-e47570-b)
†
Synodalia
.
,
it
had
a
Second
Reading
.
1548.
A
Committee
of
Select
Bishops
and
Divines
appointed
to
Examine
and
Referm
the
Offices
of
the
Church
.
Ibid.
p.
61
,
71.
To
such
a
Select
Committe
I
have
shewn
that
the
reforming
the
Offices
was
by
Convocation
intrusted
in
Henry
the
Eighth's
time
;
so
that
this
was
but
continuing
that
business
in
the
same
method
into
which
the
Convocation
had
formerly
put
it
.
And
there
is
Great
Reason
to
believe
that
it
was
thus
continued
by
this
Convocation
it self
;
and
that
the
Petition
of
the
Lower
House
to
the
Bishops
[
‖
](A26154-e47670-b)
‖
Mentioned
by
me
p.
181.
out
of
the
Acts
of
this
Convocation
.
for
a
Review
of
the
Books
prepared
by
the
former
Committee
to
this
purpose
,
ended
in
an
Address
of
Both
Houses
to
the
King
for
a
New
one
.
Thus
,
it
is
plain
,
Bishop
Burnet
[
*
](A26154-e47710-b)
*
See
Vol.
2.
p.
50.
understood
this
matter
,
and
Bishop
Stillingfleet
too
,
who
first
produced
that
Petition
in
his
Irenicum
[
†
](A26154-e47750-b)
†
See
p.
386.
where
he
terms
it
a
Petition
for
calling
an
Assembly
of
Select
Divines
,
in
order
to
the
setling
Church-affairs
.
Not
that
this
was
the
Direct
Purport
,
but
only
the
Result
of
it
;
and
occasioned
by
it
.
.
A
New
Office
of
Communion
set
forth
by
Them
,
[
i.
e.
by
the
Select
Committee
.
]
Pag.
64.
And
it
was
therefore
Authorized
by
that
Convocation
which
we
have
reason
to
think
,
consented
to
this
Committee
.
However
,
sure
we
are
,
that
it
was
established
soon
afterwards
,
by
another
Convocation
;
which
passed
the
whole
Service-Book
,
where
this
Communion-Office
was
,
with
some
Alterations
inserted
.
There
is
a
Deep
silence
all
along
in
my
Lord
of
Sarum's
History
,
as
to
the
Convocational
Authority
of
this
Service-Book
;
which
he
seems
to
represent
as
the
Work
of
a
Committee
[
‖
](A26154-e47890-b)
‖
See
Vol.
2.
p.
71
,
93.
only
,
confirmed
afterwards
by
Parliament
.
His
Lordships's
History
has
that
Credit
in
the
World
,
that
his
very
Omissions
may
in
time
pass
for
Proofs
,
if
they
be
not
observed
and
supplied
;
especially
in
the
Present
Case
,
where
it
will
be
naturally
enough
concluded
,
that
the
Church-Authority
did
not
intervene
,
if
a
Church-Historian
of
his
Lordship's
Rank
takes
no
notice
of
it
.
For
which
reason
,
and
because
I
think
the
Point
to
be
of
Importance
,
and
withal
related
nearly
to
the
Article
we
are
upon
,
I
shall
here
produce
some
Passages
from
the
Papers
and
Records
of
that
time
,
which
fully
clear
it
.
King
Edward's
Answer
to
the
Devonshire-Mens
Petition
[
*
](A26154-e47960-b)
*
Fox
.
Vol.
2.
p.
666.
,
Assures
'em
,
that
for
the
Mass
,
no
small
Study
or
Travel
hath
been
spent
by
All
the
Learned
Clergy
therein
[
†
](A26154-e48000-b)
†
p.
667.
b.
.
And
agen
,
That
whatsoever
is
contained
in
our
Book
,
either
for
Baptism
,
Sacrament
,
Mass
,
Confirmation
,
and
Service
in
the
Church
,
is
by
our
Parliament
established
,
by
the
whole
Clergy
agreed
,
yea
by
the
Bishops
of
the
Realm
devised
,
by
God's
Word
confirmed
[
‖
](A26154-e48060-b)
‖
P.
668.
a.
.
The
Council's
Instructions
to
Dr.
Hopton
how
to
discourse
the
Lady
Mary
[
⸫
](A26154-e48110-b)
⸫
Fox
.
Vol.
2.
p.
701.
,
affirm
the
same
thing
,
somewhat
more
forcibly
.
The
first
of
these
is
,
Her
Grace
writeth
that
the
Law
made
by
Parliament
is
not
worthy
the
Name
of
a
Law
,
meaning
the
Statute
for
the
Communion
,
&c.
You
shall
say
thereto
.
The
Fault
is
great
in
any
Subject
to
disallow
a
Law
of
the
King
,
a
Law
of
the
Realm
,
by
long
Study
,
free
Disputation
,
and
uniform
Determination
of
the
whole
Clergy
consulted
,
debated
,
concluded
.
But
above
all
most
Express
and
Full
to
this
purpose
is
the
Assertion
in
a
Letter
of
Edw.
6.
dated
Iuly
23.
Regni
tertio
,
and
entred
in
the
Register
of
Bonner
[
*
](A26154-e48240-b)
*
F.
219.
a.
;
it
runs
thus
:
That
one
Uniform
Order
for
Common-Prayers
and
Administration
of
the
Sacraments
hath
beyn
and
is
most
Godly
sette
fourthe
not
onely
by
the
Common
Agreement
and
full
Assent
of
the
Nobility
and
Commons
in
the
late
Session
of
our
late
Parliament
;
but
also
by
the
lyke
Assent
of
the
Bysshopps
in
the
same
Parliament
,
and
of
all
other
's
the
Learned
Men
of
this
our
Realm
in
their
Synods
and
Convocations
Provincial
.
I
thought
it
worth
my
while
to
make
good
this
Point
,
because
it
has
by
some
been
much
doubted
,
and
their
Doubts
have
been
countenanced
by
the
Act
2
&
3
Edw.
6.
c.
1.
which
establishes
the
Service-Book
;
and
wherein
there
is
mention
only
of
the
Archbishop
of
Canterbury
,
and
certain
of
the
most
Learned
and
Discreet
Bishops
and
other
Learned
Men
of
this
Realm
,
appointed
to
compile
it
;
but
no
Formal
notice
is
taken
of
the
Convocation
that
passed
it
.
And
the
Proof
I
have
given
in
this
single
Instance
,
will
suggest
to
the
Reader
,
that
it
might
be
so
in
General
;
and
that
several
other
Things
done
by
this
Select
Committee
,
were
probably
approved
afterwards
in
Convocation
;
tho'
the
Statutes
,
and
other
Records
of
that
time
should
seem
to
mention
the
Committee
only
.
The
Convocation-Records
,
which
alone
could
have
given
us
Full
Light
in
this
case
are
destroyed
;
and
the
chief
way
we
now
have
of
supplying
this
Defect
is
by
Parallel
Instances
,
and
Probable
Reasonings
:
which
Fair
Men
therefore
will
admit
as
good
Evidence
,
for
want
of
better
;
and
not
take
advantage
,
as
Dr.
Wake
does
from
the
Destruction
of
such
Records
to
deny
that
there
ever
were
any
.
This
is
as
if
a
Man
should
pretend
to
prove
,
that
none
of
the
People
of
such
or
such
a
Parish
were
,
in
the
Reign
of
Edward
the
Sixth
Christned
,
because
perhaps
the
Old
Parish-Registers
are
lost
.
This
made
way
for
the
Act
of
1548
,
p.
93.
and
1551
,
p.
189.
He
means
King
Edward's
two
Acts
of
Uniformity
,
which
established
the
first
and
second
Service-Book
;
and
way
therefore
was
made
for
them
,
not
by
this
New
Office
of
Communion
,
but
by
the
Service-Books
themselves
:
These
,
I
have
shewn
,
tho'
the
Work
of
a
Committee
,
yet
had
the
Authority
of
Convocation
,
inasmuch
as
the
Convocation
approved
this
Committee
before-hand
,
and
confirmed
what
was
done
by
it
afterwards
.
I
have
shewn
it
,
I
mean
,
of
the
One
;
and
the
Reader
therefore
,
will
easily
believe
,
that
the
same
Steps
and
Measures
were
observed
as
to
the
Other
.
1549.
An
Order
of
Council
forbidding
Private
Masses
.
Ibid.
p.
102
,
103.
As
contrary
to
the
Statute
of
Uniformity
,
and
to
the
Determinations
of
the
Clergy
in
Convocation
:
and
the
Council
therefore
,
who
sent
this
Order
,
do
afterwards
,
in
a
Letter
of
theirs
to
the
Lady
Mary
[
*
](A26154-e48570-b)
*
Iune
4.
1551.
,
call
her
Chaplains
saying
Mass
,
a
contempt
(
not
of
Their
,
but
)
of
the
Ecclesiastical
Orders
of
this
Church
of
England
[
†
](A26154-e48610-b)
†
Fox
Vol.
2.
p.
709.
.
The
Forms
of
Ordination
,
appointed
by
Act
of
Parliament
,
ordered
to
be
drawn
up
by
a
special
Committee
of
Six
Bishops
,
and
Six
Divines
to
be
nam'd
by
the
King
.
Ibid.
p.
141
,
143.
The
true
account
of
this
is
,
that
the
Council
had
already
appointed
this
Committee
,
at
the
Instance
(
as
we
may
from
former
Precedents
reasonably
collect
)
of
the
Convocation
it self
then
sitting
:
and
of
the
Members
of
Convocation
therefore
this
Committee
was
composed
,
according
to
my
Lord
of
Sarum's
account
of
it
.
Some
Bishops
and
Divines
(
says
he
)
brought
now
together
by
a
Session
of
Parliament
,
were
appointed
to
prepare
a
Book
of
Ordination
[
*
](A26154-e48790-b)
*
Vol.
2.
p.
140.
.
The
Session
was
likely
to
end
,
before
these
Forms
could
be
prepared
,
and
the
Parliament
passed
therefore
a
previous
Confirmation
of
them
,
as
they
had
done
in
the
case
of
the
Necessary
Erudition
,
in
1540
[
†
](A26154-e48820-b)
†
See
Stat.
32
Hen.
8.
cap.
25.
.
Dr.
Wake
must
have
a
very
uncommon
way
of
arguing
,
if
he
can
draw
any
thing
to
the
Prejudice
of
the
Churches
Power
from
such
Instances
as
these
,
where
such
an
Implicit
Deference
was
paid
to
the
Resolutions
of
the
Clergy
,
as
to
Enact
'em
,
before
the
Parliament
had
seen
'em
,
and
indeed
before
they
were
made
.
Dr.
W.
we
see
,
does
in
this
,
and
in
every
other
step
of
this
Article
,
appeal
to
my
L.
of
S.'s
Book
,
and
would
under
the
cover
of
his
Lordship's
Name
put
off
all
his
Bad
History
,
and
Worse
Opinions
.
It
may
not
be
amiss
therefore
to
give
him
the
Iudgment
of
this
Right
Reverend
Prelate
clearly
expressed
,
and
avowed
,
in
another
Piece
[
‖
](A26154-e48900-b)
‖
Vind.
of
the
Ord.
of
the
Ch.
of
Engl.
;
and
with
that
,
to
ballance
all
these
Doubtful
and
Uncertain
Authorities
.
His
Lordship
,
speaking
of
the
English
Ordinal
(
the
Point
we
are
upon
)
and
of
the
Alterations
that
were
afterwards
made
in
it
,
has
these
words
,
It
was
indeed
confirmed
by
the
Authority
of
Parliament
,
and
there
was
good
reason
to
desire
That
,
to
give
it
the
force
of
a
Law
:
but
the
Authority
of
[
the
Book
and
]
those
Changes
,
is
wholly
to
be
derived
from
the
Convocation
,
who
only
consulted
about
them
,
and
made
them
.
And
the
Parliament
did
take
that
care
in
the
Enacting
them
,
that
might
shew
,
they
did
only
add
the
force
of
a
Law
to
them
:
for
in
passing
them
it
was
ordered
that
the
Book
of
Common-Prayer
and
Ordination
should
only
be
read
over
,
(
and
even
that
was
carried
upon
some
Debate
;
for
many
,
as
I
have
been
told
,
moved
that
the
Book
should
be
added
to
the
Act
,
as
it
was
sent
to
the
Parliament
from
the
Convocation
,
without
ever
reading
it
:
but
that
seemed
Indecent
and
too
Implicit
to
others
)
and
there
was
no
change
made
in
a
Tittle
by
Parliament
.
So
that
they
only
Enacted
by
a
Law
what
the
Convocation
had
done
[
*
](A26154-e48990-b)
*
Pp.
74
,
75.
.
And
agen
,
As
it
were
a
Great
Scandal
on
the
first
General
Councils
to
say
,
that
they
had
no
Authority
for
what
they
did
,
but
what
they
derived
from
the
Civil
Power
;
so
is
it
no
less
unjust
to
say
,
because
the
Parliaments
impowered
[
†
](A26154-e49020-b)
†
Here
I
must
beg
leave
to
say
,
that
his
Lordship's
Expression
is
not
Exact
.
The
Parliament
did
not
impower
,
but
approve
of
them
.
some
Persons
to
draw
Forms
for
the
more
pure
Administration
of
the
Sacraments
,
and
Enacted
that
these
only
should
be
lawfully
used
in
this
Realm
,
which
is
the
Civil
Sanction
;
that
therefore
these
Persons
had
no
other
Authority
for
what
they
did
.
Was
it
ever
heard
of
,
that
the
Civil
Sanction
,
which
only
makes
any
Constitution
to
have
the
force
of
a
Law
,
gives
it
another
Authority
than
a
Civil
one
?
The
Prelates
,
and
other
Divines
,
that
compiled
our
Forms
of
Ordination
,
did
it
by
vertue
of
the
Authority
they
had
from
Christ
,
as
Pastors
of
his
Church
,
which
did
impower
them
to
teach
the
People
the
pure
Word
of
God
,
and
to
administer
the
Sacraments
,
and
perform
all
other
Holy
Functions
,
according
to
the
Scripture
,
the
Practice
of
the
Primitive
Church
,
and
the
Rules
of
Expediency
and
Reason
;
and
this
they
ought
to
have
done
,
tho'
the
Civil
Power
had
opposed
it
:
in
which
case
their
Duty
had
been
to
have
submitted
to
whatever
Severities
and
Persecutions
they
might
have
been
put
to
,
for
the
Name
of
Christ
,
or
the
Truth
of
his
Gospel
.
But
on
the
other
hand
,
when
it
pleased
God
to
turn
the
Hearts
of
those
which
had
the
Chief
Power
,
to
set
forward
this
good
Work
,
then
they
did
,
as
they
ought
,
with
all
thankfulness
acknowledge
so
great
a
Blessing
,
and
accept
and
improve
the
Authority
of
the
Civil
Power
for
adding
the
Sanction
of
a
Law
to
the
Reformation
,
in
all
the
Parts
and
Branches
of
it
.
So
by
the
Authority
they
derived
from
Christ
,
and
the
Warrant
they
had
from
Scripture
and
the
Primitive
Church
,
these
Prelates
and
Divines
made
those
Alterations
and
Changes
in
the
Ordinal
;
and
the
King
and
the
Parliament
,
who
are
vested
with
the
Supreme
Legislative
Power
,
added
their
Authority
to
them
,
to
make
them
obligatory
on
the
Subjects
[
*
](A26154-e49170-b)
*
Pp.
53
,
54.
.
I
have
produced
these
Passages
at
length
,
not
so
much
for
any
Light
they
give
to
the
Particular
we
are
now
concerned
in
,
the
Authority
of
the
English
Ordinal
,
as
for
the
General
Use
they
may
be
of
in
setling
the
Dispute
between
Dr.
W.
and
the
Church
,
about
the
Distinction
of
the
Two
Powers
Ecclesiastical
,
and
Civil
;
and
the
Obligations
we
are
under
to
the
Decisions
of
the
one
,
antecedently
to
the
Sanctions
of
the
other
.
I
subscribe
to
his
Lordship's
state
of
it
,
and
think
nothing
can
be
said
more
justly
and
truly
.
1552.
The
Observation
of
Holy-Days
ordered
by
Act
of
Parliament
.
Ibid.
pag.
191.
This
Act
traced
the
Steps
of
the
Rubrick
,
in
the
Common-Prayer-Book
,
relating
to
Holy-Days
;
and
ordered
none
to
be
kept
Holy
,
but
what
had
before-hand
been
so
ordered
to
be
kept
by
the
Clergy
in
Convocations
,
only
it
added
New
Penalties
.
1553.
A
New
Catechism
,
by
the
King's
Order
required
to
be
taught
by
Schoolmasters
.
Ibid.
p.
219.
This
Catechism
was
published
with
the
Articles
of
1552.
and
had
,
I
suppose
,
the
very
same
Convocational
Authority
which
those
had
.
It
was
compiled
indeed
by
Poynet
,
but
is
said
,
in
the
King's
Patent
annexed
,
to
have
been
afterwards
perused
and
allowed
by
the
Bishops
,
and
other
Learned
Men
;
by
which
we
are
to
understand
either
the
Convocation
it self
,
or
a
Grand
Committee
appointed
by
it
,
and
upon
which
its
Power
was
devolved
.
That
the
whole
Convocation
have
been
by
these
,
or
such
like
Terms
about
this
time
often
expressed
,
the
Instances
given
in
the
Margent
[
*
](A26154-e49360-b)
*
The
Six
Articles
in
the
Act
31
H.
8.
c.
14.
are
said
to
be
agreed
to
by
the
Archbishops
,
Bishops
,
and
other
Learned
Men
of
the
Clergy
;
who
a
little
before
are
styl'd
a
Synod
,
or
Convocation
.
In
the
Articles
of
1536.
(
See
'em
in
Bishop
Burn.
Vol.
1.
Coll.
of
Rec.
p.
305.
)
the
Convocation
is
expressed
by
the
Bishops
,
and
others
,
the
most
Discreet
and
Learned
Men
of
the
Clergy
.
The
Articles
of
1552.
are
in
the
Title
said
to
be
such
,
de
quibus
in
Synodo
Londinensi
inter
Episcopos
,
&
alios
Eruditos
viros
convenerat
.
And
i●
will
scarce
,
I
think
,
bear
a
Reasonable
Doubt
,
whether
these
Articles
passed
the
Convocation
.
Finally
,
The
Act
about
Holidays
,
(
as
't
is
called
)
is
in
the
Canon
it self
.
(
See
it
in
Sparrow
,
p.
167.
)
said
to
be
decreed
by
the
King
,
with
the
Common
Assent
and
Consent
of
the
Clergy
in
Convocation
assembled
.
But
in
the
King's
Letter
to
Bonner
about
it
,
the
words
are
,
By
the
Assents
and
Consents
of
all
you
Bishops
,
and
others
,
Notable
Personages
of
the
Clergy
of
this
our
Realm
in
full
Convocation
and
Assembly
had
for
that
purpose
.
will
evince
.
And
that
this
Catechism
was
generally
understood
to
have
the
Authority
of
Convocation
,
is
plain
even
from
the
Exception
made
to
it
by
Dr.
Weston
[
†
](A26154-e49670-b)
†
For
that
,
said
he
,
there
is
a
Book
of
late
set
forth
,
called
the
Catechism
,
bearing
the
Name
of
this
Honourable
Synod
,
and
yet
put
forth
,
without
your
Consents
,
as
I
have
learned
,
&c.
●ox
.
Vol.
2.
p.
19.
,
in
the
first
Synod
of
Queen
Mary
;
but
plainer
still
from
Philpot's
Reply
to
that
Exception
;
which
discovers
also
to
us
somewhat
of
the
Manner
,
by
which
the
Convocation
came
to
be
Intitled
,
not
to
this
Catechism
alone
,
but
to
several
other
Pieces
,
that
seem
to
carry
the
Name
of
a
Committee
only
upon
them
.
His
words
are
,
that
This
House
[
of
Convocation
]
had
granted
the
Authority
to
make
Ecclesiastical
Laws
unto
certain
Persons
to
be
appointed
by
the
King's
Majesty
;
and
whatsoever
Ecclesiastical
Laws
They
,
or
the
most
part
of
them
,
did
set
forth
,
according
to
a
Statute
in
that
behalf
provided
,
it
might
be
well
said
to
be
done
in
the
Synod
of
London
,
although
such
as
be
of
this
House
now
had
no
notice
thereof
before
the
Promulgation
.
And
in
this
Point
be
thought
the
setter
forth
thereof
nothing
to
have
slandered
the
House
—
since
▪
they
had
our
Synodal
Authority
unto
them
committed
to
make
such
Spiritual
Laws
as
They
thought
convenient
and
necessary
[
*
](A26154-e49800-b)
*
●bid
.
p.
●0
.
.
The
Knowledge
of
the
Time
and
Circumstances
of
appointing
this
Committee
,
we
have
lost
,
together
with
the
Acts
themselves
:
however
,
plain
it
is
from
this
Assertion
of
Mr.
Philpot
,
made
in
open
Convocation
,
that
such
a
Committee
there
was
,
named
by
the
Crown
,
at
the
Instance
of
the
whole
Clergy
;
and
that
this
Catechism
,
among
other
things
,
passed
them
;
and
had
on
that
account
,
as
He
judged
,
the
Authority
of
Convocation
.
It
is
left
to
the
Reader
,
by
whom
in
this
ca●e
he
will
be
guided
,
the
Churches
Martyr
,
or
her
Betrayer
.
And
here
the
Instance
of
the
Catechismus
ad
Parochos
is
very
pat
to
our
purpose
,
and
ought
once
again
to
be
remembred
.
The
rest
of
Dr.
W.'s
Particulars
are
Immaterial
,
and
need
not
stop
us
:
only
on
the
Last
of
'em
a
Line
or
two
may
be
not
improperly
spent
.
King
Charles
the
First
.
Directions
concerning
Preaching
with
respect
to
the
Arminian
Points
.
These
Directions
were
for
the
silencing
both
Parties
,
and
for
preventing
all
Innovations
upon
the
Doctrine
of
the
Church
already
Established
;
and
such
Directions
,
it
is
not
only
the
Christian
Magistrates
Priviledge
,
but
his
Duty
to
prescribe
:
provided
always
,
that
he
do
it
not
with
any
such
under-hand
Views
and
Aims
,
as
my
Lord
of
Sarum
represents
K.
Charles
the
First
to
have
had
in
publishing
His
,
—
All
Divines
(
says
he
)
were
by
Proclamation
required
not
to
Preach
upon
Those
Heads
:
but
those
that
favour'd
the
New
Opinions
were
encouraged
,
and
the
others
were
depressed
[
*
](A26154-e50000-b)
*
Exposition
on
the
XXXIX
.
Article
,
p.
152.
.
I
presume
,
this
is
no
part
of
the
Regal
Supremacy
,
nor
a
Pattern
fit
to
be
imitated
in
succeeding
Reigns
:
especially
,
if
the
case
ever
should
be
,
as
his
Lordship
further
informs
us
,
it
was
Then
,
—
And
unhappy
Disputes
(
continues
He
)
falling
in
at
that
time
,
concerning
the
Extent
of
the
Royal
Prerogative
beyond
Law
,
the
Arminians
having
declared
themselves
highly
for
that
,
they
were
as
much
favoured
at
Court
,
as
they
were
censured
in
Parliament
.
If
this
were
then
really
the
case
,
we
of
This
Age
have
reason
to
thank
Heaven
for
reserving
us
for
better
Times
,
when
the
Interests
of
Prince
and
People
are
the
same
;
and
it
can
never
therefore
be
a
recommending
Qualification
of
a
Man
,
that
he
is
for
extending
the
Royal
Prerogative
beyond
Law
;
nor
intitle
him
to
the
favour
of
a
Court
,
to
be
censured
in
Parliament
.
These
are
the
Instances
,
in
which
Dr.
Wake
has
shewn
himself
very
willing
to
blast
the
Honour
of
the
Reformation
,
in
order
to
assert
an
unreasonable
Prerogative
to
the
Crown
,
for
which
no
good
Prince
will
thank
him
.
I
have
considered
'em
throughout
,
and
have
proved
,
I
hope
,
that
the
History
he
brings
to
justifie
his
Principles
is
every
whit
as
unjustifiable
as
the
Principles
themselves
;
and
that
they
deserve
therefore
to
keep
Company
with
one
another
.
In
some
of
these
Instances
,
Truth
was
so
easie
to
be
come
at
,
that
he
must
be
thought
to
have
missed
it
willingly
,
and
to
have
judged
it
pardonable
to
pervert
History
a
little
,
in
order
to
make
his
Complement
with
the
better
Grace
.
A
Principle
,
familiar
to
the
Writers
in
this
Controversie
,
as
I
could
shew
by
some
Domestick
Instances
;
but
,
since
that
is
not
proper
,
shall
content
my self
with
a
foreign
one
.
De
Marca
,
a
Man
excellently
well
read
in
this
Debate
,
and
of
Abilities
of
Mind
equal
to
his
Reading
,
(
and
like
Dr.
W.
in
nothing
,
but
in
his
Design
of
letting
the
Royal
Power
in
upon
the
Church
as
far
as
he
was
able
)
while
he
was
writing
his
Famous
Piece
,
Petri
de
Marca
,
&c.
in
principio
operis
de
Concordiâ
Sacerd.
&
Imp.
pp.
13
,
14.
was
named
to
the
See
of
Thoulouse
,
but
not
quickly
setled
there
,
for
want
of
his
Bulls
.
To
obtain
them
,
he
wrote
a
Letter
to
the
Pope
,
full
of
Submission
and
Respect
;
and
in
it
,
took
occasion
to
compare
his
own
advancement
to
the
See
of
Tholouse
with
that
of
Exuperius
,
formerly
Bishop
of
that
place
:
whom
he
made
the
same
with
Exuperius
,
the
Spanish
President
,
on
purpose
,
that
the
Parallel
might
run
the
better
(
He
himself
having
for
some
time
presided
in
Catalonia
)
;
tho'
he
knew
very
well
,
they
were
two
different
Men.
When
this
was
objected
to
him
,
as
an
over-sight
,
or
rather
as
a
piece
of
Art
,
not
very
well
becoming
his
Holy
Character
,
he
laughed
at
the
Objection
,
and
pitied
the
poor
People
that
made
it
;
who
were
so
scrupulously
silly
,
as
to
tye
Men
up
to
strict
Truth
in
such
cases
as
these
,
and
not
able
to
distinguish
between
History
and
a
Complement
.
So
that
with
the
Writers
in
this
Argument
,
it
has
been
,
it
seems
,
a
Fashion
all
along
,
to
disguise
Truth
;
and
the
bending
of
matters
of
fact
to
by-purposes
,
is
a
tried
and
approved
Remedy
for
the
Dispatch
of
Bulls
.
As
a
Key
to
all
the
false
Stories
vouched
by
Dr.
W.
I
have
added
this
true
one
:
and
should
it
happen
not
to
be
very
pertinent
,
or
entertaining
,
I
have
no
Excuse
to
make
to
him
on
that
head
;
't
is
but
returning
him
a
Freedom
,
which
he
has
often
before-hand
taken
with
his
Reader
.
I
am
sensible
these
Reflections
of
mine
are
running
out
into
too
great
a
Length
,
and
shall
therefore
only
name
two
or
three
more
without
enlarging
much
upon
'
em
.
VII
.
Dr.
Wake
makes
no
distinction
between
Absolute
and
Limited
Princes
,
but
produces
the
Acts
of
the
one
to
prove
and
justifie
the
Exercise
of
a
like
Power
in
the
other
.
His
first
Chapter
is
taken
up
in
telling
us
,
what
was
done
in
relation
to
Ecclesiastical
Synods
,
and
Affairs
by
the
Roman
,
and
German
Emperors
,
and
by
other
Princes
,
of
narrower
Territory
,
but
not
less
Despotick
in
their
Government
:
as
if
what
They
did
,
or
had
a
Right
to
do
,
were
immediately
the
Right
of
every
other
Christian
Prince
,
without
any
regard
to
the
Restrictions
which
the
Power
of
that
Prince
might
be
under
,
by
the
Constitution
of
his
Country
.
But
now
should
he
have
told
us
,
what
Acts
of
Absolute
Authority
were
exercised
by
those
Emperors
in
State-matters
,
and
how
their
Edicts
had
the
force
of
Laws
;
would
this
Plea
justifie
an
English
Prince
in
attempting
the
like
things
at
home
,
or
be
a
Bar
any
ways
upon
the
Rights
and
Priviledges
of
Parliament
?
Indeed
our
Author
seems
sensible
,
that
these
Instances
are
not
very
Conclusive
,
where
he
confesses
,
that
Princes
may
by
their
own
Acts
Limit
themselves
,
and
that
such
Limitations
may
alter
the
Case
mightily
,
and
make
that
Lawful
in
one
Country
which
is
not
so
in
another
[
*
](A26154-e50380-b)
*
P.
95.
.
Pity
it
is
,
that
this
Truth
had
not
come
into
his
Thoughts
sooner
than
the
95
th
.
Page
of
his
Work
:
it
might
then
have
prevailed
with
him
to
withdraw
that
huge
Heap
of
Foreign
Precedents
,
which
now
take
up
so
much
room
in
his
Work
;
and
which
would
have
been
left
to
sleep
peaceably
in
his
Common-place-Book
,
without
seeing
the
Light
,
upon
so
improper
an
occasion
.
For
should
,
what
he
has
the
Courage
in
his
next
Chapter
to
assert
,
be
true
;
that
,
by
our
own
Constitution
,
the
King
of
England
has
all
that
Power
at
this
day
,
over
our
Convocation
,
that
EVER
ANY
Christian
Prince
had
over
his
Synod
[
†
](A26154-e50430-b)
†
P.
98.
:
yet
the
Power
he
has
in
this
respect
,
he
derives
from
the
Particular
Rules
of
our
Constitution
,
not
from
any
beyond-Sea-Customs
and
Usages
.
He
claims
it
not
,
I
suppose
,
as
Heir
to
the
Imperial
Authority
of
Constantine
,
or
Charles
the
Great
;
but
by
vertue
of
that
Prerogative
,
which
,
as
King
of
England
,
he
has
by
the
Laws
of
England
:
and
should
the
Power
therefore
happen
to
be
equal
here
at
home
to
what
it
is
abroad
,
yet
there
lyes
no
Proof
from
the
one
of
these
to
the
other
.
Dr.
Wake
it
seems
has
different
notions
of
these
things
;
for
he
tells
us
,
that
Whatever
Priviledges
he
has
shewn
to
belong
to
the
Christian
Magistrate
,
they
belong
to
him
as
such
;
they
are
not
derived
from
any
Positive
Laws
and
Constitutions
,
but
result
from
that
Power
which
every
such
Prince
has
Originally
in
himself
,
and
are
to
be
looked
upon
as
part
of
those
Rights
which
naturally
belong
to
Sovereign
Authority
:
and
that
,
to
prove
any
particular
Prince
entitled
to
these
Rights
,
it
is
sufficient
to
shew
,
that
he
is
a
Sovereign
Prince
;
and
therefore
ought
not
to
be
denied
any
of
those
Prerogatives
that
belong
to
such
a
Prince
,
unless
it
can
be
plainly
made
out
,
that
he
has
afterwards
,
by
his
own
Act
,
Limited
himself
[
*
](A26154-e50590-b)
*
Pp.
94
,
95.
.
So
that
,
according
to
Dr.
Wake
's
Politicks
,
All
Kings
,
in
All
Countries
,
have
an
Equal
Share
of
Power
,
in
their
first
Institution
;
none
of
'em
being
Originally
Limited
,
or
subjected
to
any
Restraints
,
in
the
Arbitrary
Exercise
of
their
Authority
,
but
such
as
they
have
been
pleased
,
by
after-acts
and
condescensions
,
graciously
to
lay
upon
themselves
.
Which
Position
how
it
can
be
reconciled
with
an
Original
Contract
,
and
with
several
Branches
of
the
Late
Declaration
of
Rights
,
I
do
not
see
:
and
how
far
it
may
appear
to
the
Three
States
of
this
Realm
,
to
entrench
on
their
share
in
the
Government
,
and
on
the
Fundamental
Rights
and
Liberties
of
the
Free
People
of
England
,
Time
must
shew
.
That
all
Bishops
indeed
are
Equal
,
is
the
known
Maxim
of
St.
Cyprian
;
but
which
of
the
Fathers
have
said
,
that
All
Kings
are
so
too
,
I
am
,
I
confess
,
as
yet
to
learn
.
For
my
part
,
I
should
think
it
as
easie
a
Task
to
prove
,
that
every
Prince
had
originally
the
same
Extent
of
Territory
,
as
that
he
had
the
same
Degree
of
Power
:
The
Scales
of
Miles
in
several
Countries
are
not
more
different
,
than
the
Measures
of
Power
and
Priviledge
that
belong
to
the
Prince
,
and
to
the
Subject
.
But
Dr.
W.
has
breathed
French
Air
for
some
time
of
his
Life
,
where
such
Arbitrary
Schemes
are
in
request
;
and
it
appears
that
his
Travels
have
not
been
lost
upon
him
.
He
has
put
'em
to
that
Use
,
which
a
Modern
Author
[
*
](A26154-e50730-b)
*
Moldsworth's
Pref.
to
the
State
of
Denmark
.
observes
to
be
too
often
made
of
'em
,
that
they
teach
Men
fit
Methods
of
pleasing
their
Sovereigns
at
the
Peoples
Expence
:
tho'
at
present
,
I
trust
,
his
Doctrine
is
a
little
out
of
season
;
when
we
live
under
a
Prince
,
who
will
not
be
pleased
with
any
thing
that
is
Injurious
to
the
Rights
of
the
Least
of
his
Subjects
,
when
duly
informed
of
them
.
Whereas
then
Dr.
W.
in
great
Friendship
to
the
Liberties
of
his
Church
,
and
of
his
Country
,
asserts
,
that
by
our
Constitution
the
King
of
England
has
all
that
Power
at
this
day
over
our
Convocation
,
that
EVER
ANY
Christian
Prince
had
over
his
Synod
;
I
would
ask
him
one
plain
Question
,
Whether
the
King
and
the
Three
States
of
the
Realm
together
have
not
more
Power
in
Church-matters
,
and
over
Church-Synods
than
the
King
alone
?
If
so
,
then
cannot
the
King
alone
have
All
that
Power
which
ever
any
Christian
Prince
had
;
because
some
Christian
Princes
have
had
all
the
Power
that
was
possible
;
even
as
much
as
belongs
to
the
King
and
the
Three
Estates
in
Conjunction
.
There
is
one
thing
indeed
which
seems
material
to
be
observed
and
owned
in
this
case
;
't
is
the
Assertion
of
the
Second
Canon
,
which
declares
our
Kings
to
have
the
same
Authority
in
Causes
Ecclesiastical
that
the
Christian
Emperours
in
the
Primitive
Church
had
.
But
this
Canon
must
necessarily
be
understood
of
the
King
in
Parliament
:
for
out
of
Parliament
it
is
manifest
,
that
he
is
not
so
Absolute
in
Ecclesiastical
Matters
,
as
those
Emperors
were
.
In
Parliament
,
he
can
do
every
thing
,
that
is
by
the
Law
of
God
,
or
of
Reason
lawful
to
be
done
;
out
of
Parliament
he
can
do
nothing
,
but
what
the
Particular
Rules
of
our
Constitution
allow
of
.
And
,
VIII
.
This
too
is
a
Distinction
which
Dr.
W.
should
have
taken
notice
of
,
had
he
intended
to
do
Justice
to
his
Argument
.
For
the
Church
here
in
England
is
under
the
Government
both
of
the
Absolute
,
and
Limited
Sovereign
:
under
the
Government
of
the
Limited
Sovereign
,
within
the
Compass
of
his
Prerogative
;
under
the
Government
of
the
Absolute
Sovereign
,
without
any
Restraints
or
Bounds
;
except
what
the
Revealed
Will
of
God
,
and
the
Eternal
Rules
of
Right
Reason
prescribe
.
The
Pope
usurped
not
only
on
the
King
,
the
Limited
;
but
on
the
King
and
Parliament
,
the
Absolute
Sovereign
:
and
what
was
taken
from
Him
therefore
was
not
all
thrown
into
the
Prerogative
,
but
restored
severally
to
its
respective
Owners
.
And
of
this
Absolute
Sovereign
it
is
the
Duty
,
when
Christian
,
to
act
in
a
Christian
manner
;
to
be
directed
in
matters
Spiritual
by
the
Advice
of
Spiritual
Persons
,
and
not
lightly
to
vary
from
it
.
By
the
same
Rule
the
Limited
Sovereign
is
to
steer
likewise
,
within
the
Sphere
of
his
Prerogative
:
And
he
is
also
further
obliged
,
to
preserve
those
Priviledges
of
the
Church
which
belong
to
her
by
the
Laws
of
the
Realm
.
Now
Dr.
Wake
,
I
say
,
confounds
these
two
Powers
,
and
the
Subjections
that
are
due
to
them
;
speaking
all
along
of
the
King
,
as
if
He
,
in
Exclusion
to
the
Three
Estates
,
had
the
Plenitude
of
Ecclesiastical
Authority
lodged
in
him
,
and
were
the
single
Point
,
in
which
the
Obedience
of
the
Church
,
and
of
every
Member
of
it
centered
.
This
is
a
Fundamental
Mistake
that
runs
quite
through
his
Book
;
and
is
such
an
One
as
overturns
our
Constitution
,
and
confounds
the
Executive
and
Legislative
parts
of
it
;
and
deserves
a
Reprehension
therefore
some
other
way
than
from
the
Pen
of
an
Adversary
.
Henry
the
Eighth
,
't
is
true
,
in
vertue
of
his
Supreme
Headship
,
laid
claim
to
a
Vast
and
Boundless
Power
in
Church-affairs
;
had
his
Vicegerent
in
Convocation
,
Enacted
every
thing
there
by
his
own
Sole
Authority
;
issuing
out
his
Injunctions
as
Laws
,
at
pleasure
.
And
these
Powers
,
whether
of
Right
belonging
to
him
,
or
not
,
were
then
submitted
to
by
All
,
who
either
wished
ill
to
the
Pope
,
or
well
to
the
Reformation
;
or
wanted
Courage
otherwise
to
bear
up
against
his
Tyrannical
Temper
and
Designs
:
and
were
the
more
easily
allowed
of
by
Church-men
,
because
they
saw
him
at
the
same
time
exercise
as
Extravagant
an
Authority
in
State-matters
,
by
the
Consent
of
his
Parliament
.
However
the
Title
of
Supreme
Head
,
together
with
those
Powers
that
were
understood
to
belong
to
it
,
was
taken
away
in
the
●●●st
of
Queen
Mary
,
and
never
afterwards
re●ved
:
but
instead
of
it
,
all
Spiritual
Iurisdicti●●
was
declared
to
be
annexed
to
the
Imperial
●rown
of
this
Realm
,
Declaration
of
Rights
,
as
●ne
cause
of
the
Abdication
.
Whatever
there●ore
Henry
the
Eighth
,
and
Edward
the
Sixth
●id
,
in
vertue
of
their
Supreme
Headship
,
what●ver
the
Three
succeeding
Princes
did
by
their
Ecclesiastical
Commissions
,
is
not
therefore
,
be●ause
Their
Act
,
or
Right
,
a
present
Branch
of
the
Regal
Supremacy
:
all
those
Extraordinary
Powers
and
Jurisdictions
,
which
were
pe●uliar
to
that
Title
,
or
that
Court
,
being
now
●eturned
to
the
King
in
Parliament
.
And
When
Dr.
Wake
therefore
tells
us
,
that
he
is
not
●ware
of
any
Law
that
has
debarred
the
King
from
●aving
his
Commissioner
,
or
Vicar
General
in
Convocation
now
,
as
Henry
the
Eighth
before
had
[
*
](A26154-e51190-b)
*
P.
114.
,
●e
shews
how
unfit
he
is
,
under
such
a
deep
●gnorance
of
our
Constitution
,
to
write
on
●his
Argument
:
for
a
very
moderate
share
of
●kill
in
these
things
was
,
methinks
,
sufficient
to
have
made
him
aware
of
the
Illegality
of
King
Iames's
Commission
.
I
shall
beg
leave
not
to
think
,
that
this
is
a
Principle
approved
by
●his
Grace
of
Canterbury
,
or
that
his
Grace
would
●ow
give
place
to
such
a
Vicar
General
.
IX
.
One
thing
more
I
have
to
offer
,
and
with
that
shall
shut
up
these
General
Remarks
Dr.
W.
distinguishes
not
between
those
Power●
in
which
the
Crown
is
Arbitrary
,
and
those
in
which
it
is
purely
Ministerial
;
between
Royal
Acts
that
are
Free
,
and
such
as
are
Necessary
,
so
that
by
the
Rules
of
our
Constitution
the
King
cannot
omit
them
.
For
example
,
he
tells
us
,
That
the
King
determines
what
Persons
[
*
](A26154-e51310-b)
*
P.
103.
shall
meet
in
Convocation
,
at
what
Time
[
†
](A26154-e51330-b)
†
P.
103.
,
and
in
what
Place
.
And
this
he
talks
of
in
such
a
manner
,
as
if
the
Prince
were
perfectly
and
equally
at
Liberty
,
in
all
these
Respects
;
and
under
no
manner
of
Tye
from
the
Laws
and
Usages
of
this
Kingdom
.
'T
is
true
,
as
to
the
Place
of
their
Meeting
,
he
is
free
,
and
may
appoint
their
Session
in
what
part
of
his
Country
he
thinks
fit
;
just
as
he
may
that
of
the
Lords
and
Commons
.
But
as
to
the
Time
,
he
is
so
far
restrain'd
,
that
some
Times
there
are
when
he
ought
to
call
them
together
,
by
the
Fundamental
Rules
of
our
Constitution
;
and
those
are
as
often
as
Writs
for
a
New
Parliament
go
out
.
As
for
the
other
Convocations
in
the
Intervals
of
Parliament
(
if
our
Constitution
now
,
after
an
hundred
and
fifty
years
disuse
,
knows
any
such
thing
,
which
I
shall
not
here
dispute
;
)
't
is
as
to
These
only
,
that
the
Issuing
out
Writs
for
the
Clergy
can
be
matter
of
Grace
and
Favour
,
or
become
the
Subject
of
Deliberation
.
But
as
to
the
Persons
that
are
to
meet
,
the
Crown
has
no
Power
of
determining
who
,
or
how
many
they
shall
be
;
for
the
Law
has
determined
this
before-hand
.
The
King
may
indeed
name
whom
he
pleases
to
Deaneries
and
Bishopricks
:
but
when
he
has
done
so
,
Those
,
and
no
other
must
be
Summoned
to
Convocation
.
And
in
this
he
does
not
seem
to
have
left
himself
at
so
much
Liberty
,
as
he
still
has
in
relation
to
the
House
of
Lords
,
to
which
he
can
by
Writ
call
whom
he
pleases
,
whereas
it
may
be
questioned
,
whether
his
Writ
can
give
place
to
any
one
in
the
Upper
House
of
Convocation
,
but
Bishops
only
.
The
Truth
is
,
the
King
appoints
the
Persons
that
are
to
come
to
Convocation
,
just
as
he
does
those
that
are
to
come
to
Parliament
:
some
have
a
Right
of
sitting
there
in
Person
,
and
to
those
therefore
he
directs
Particular
Writs
;
Others
have
a
Right
of
being
represented
there
,
and
those
therefore
he
orders
to
send
up
their
Proxies
;
that
is
indeed
,
the
Constitution
appoints
,
what
Persons
,
or
Communities
shall
be
Summon'd
;
and
the
King
,
according
to
that
Rule
,
does
,
as
often
as
he
is
pleas'd
to
call
a
Parliament
,
by
his
Ministers
,
Execute
that
Summons
.
And
if
Convocations
are
upon
the
Level
with
Parliaments
in
this
respect
,
as
't
is
certain
they
are
,
Dr.
Wake
had
best
have
a
care
how
he
attempts
to
prove
,
that
it
is
the
King
's
Right
to
appoint
who
shall
come
to
those
meetings
,
because
this
implies
,
that
if
he
should
think
fit
not
to
appoint
'em
,
they
would
have
no
Right
to
come
:
which
is
a
Doctrine
of
very
dangerous
consequence
,
and
not
likely
to
recommend
the
maintainer
of
it
to
the
Thanks
of
either
House
of
Parliament
.
Dr.
Wake
is
not
content
to
assert
this
Power
to
the
King
,
unless
he
does
it
upon
the
bottom
of
an
Imperial
Power
:
for
after
he
has
prov'd
,
as
he
thinks
,
in
his
First
Chapter
,
that
the
Emperors
of
Rome
and
Germany
were
Absolute
in
all
these
respects
,
he
goes
on
in
his
Second
to
shew
,
that
by
our
own
Constitution
,
the
King
of
England
has
all
that
Power
at
this
day
over
our
Convocation
,
that
ever
any
Christian
Prince
had
over
his
Synods
[
*
](A26154-e51600-b)
*
P.
98.
;
and
immediately
in
the
same
Particulars
of
Time
,
Place
,
and
Person
,
draws
the
Parallel
between
'
em
.
'T
is
true
as
to
Place
,
the
Kings
of
England
are
as
Arbitrary
as
those
Emperors
were
:
however
his
way
of
making
out
this
both
of
the
One
and
the
Other
is
somewhat
singular
.
Abroad
,
Pepin's
determining
the
Place
of
his
Synods
meeting
is
prov'd
,
from
his
determining
that
they
should
meet
either
at
Soissons
,
or
at
such
other
place
as
the
Bishops
should
agree
upon
[
†
](A26154-e51700-b)
†
P.
38.
.
At
home
,
the
same
thing
manifestly
appears
,
because
our
Princes
leave
their
Synods
,
with
a
Great
Latitude
,
to
be
held
either
at
St.
Paul
's
,
or
at
any
other
Place
,
which
the
Archbishop
shall
judge
to
be
more
convenient
[
‖
](A26154-e51730-b)
‖
P.
103.
.
Which
is
very
true
,
for
the
words
of
the
Writ
to
the
Archbishop
have
for
some
hundred
years
run
,
ad
conveniendum
in
Ecclesia
,
&c.
vel
alib●
,
prout
melius
expedire
videritis
,
which
is
just
such
a
Determination
of
the
Place
they
are
to
meet
in
,
as
Dr.
Wake
's
Book
is
of
the
Point
in
question
.
He
has
much
such
another
Argument
to
prove
that
the
Emperors
determined
the
Persons
too
,
that
were
to
come
to
their
Great
Councils
;
because
in
Three
of
them
(
which
he
there
mentions
)
they
left
it
to
the
Metropolitans
,
when
they
came
,
to
bring
such
of
their
Suffragan
Bishops
as
they
thought
fit
along
with
'
em
.
And
when
the
Princes
(
says
he
)
who
followed
after
,
Summon'd
their
National
Synods
,
They
in
like
manner
directed
the
Choice
of
those
who
were
to
come
to
them
[
*
](A26154-e51830-b)
*
Pp.
39
,
40.
.
If
they
directed
the
Choice
in
like
manner
,
I
may
venture
to
say
,
that
they
did
not
direct
it
at
all
:
for
those
Emperors
gave
no
Directions
for
the
Choice
,
but
,
as
He
says
,
left
it
intirely
to
the
Discretion
of
the
Metropolitan
;
or
rather
,
as
the
Truth
is
,
left
it
to
the
several
Provincial
Synods
to
determine
,
what
Bishops
should
wait
upon
their
Archbishop
to
the
Council
.
Were
Dr.
Wake
's
Conge
d'estire
to
be
so
drawn
up
,
as
to
leave
the
Chapter
to
which
it
shall
be
sent
,
at
as
great
a
Liberty
as
these
Princes
left
their
Metropolitans
,
he
would
not
think
it
,
I
believe
,
a
sufficient
Direction
of
their
Choice
,
because
,
I
dare
say
,
he
would
not
find
it
so
.
In
the
mean
time
,
what
Bungling
Work
is
this
for
an
Old
Controvertist
,
that
has
encountred
the
Bishop
of
Meaux
,
and
half
persuaded
him
to
be
a
Protestant
?
The
Dr.
indeed
lets
us
know
plainly
enough
,
what
he
would
be
at
,
in
the
Positions
he
lays
down
;
but
by
the
Instances
he
sometimes
brings
to
back
'em
,
one
can
hardly
tell
,
which
side
he
is
retain'd
on
.
CHAP.
V.
HItherto
,
I
have
made
only
some
General
Remarks
on
Dr.
Wake
's
way
of
managing
this
Controversie
,
and
by
that
means
shew'd
the
Reader
,
how
much
there
is
in
his
Loose
Work
utterly
wide
of
the
Mark
he
should
have
aim'd
at
;
and
how
unfair
he
is
in
his
Representations
,
and
defective
in
his
Proofs
,
even
on
those
Points
which
are
not
pertinent
,
and
where
Truth
had
been
of
little
or
no
disservice
to
his
Cause
.
I
might
go
on
,
and
in
the
same
manner
lay
open
his
Fourth
Chapter
also
,
which
he
calls
a
Short
View
of
the
State
of
our
Convocation
in
times
past
[
*
](A26154-e51960-b)
*
P.
147.
;
and
which
is
just
as
short
a
View
,
as
it
is
a
True
one
:
it
being
drawn
out
to
the
length
of
an
hundred
tedious
Pages
;
in
which
there
is
scarce
One
(
I
speak
what
I
have
considered
)
that
would
not
,
upon
a
careful
Review
,
yield
a
manifest
Proof
of
his
Insincerity
or
Ignorance
.
So
slight
and
partial
are
the
accounts
he
there
gives
of
the
Business
of
Convocations
,
and
the
Ends
of
assembling
them
;
so
false
are
his
Allegations
often
times
,
and
so
weak
the
Inferences
he
draws
from
them
;
such
an
Implicit
Relyance
has
he
on
every
Relation
he
meets
with
in
any
of
the
Monkish
Chroniclers
,
and
so
willing
is
he
to
think
it
as
Exact
and
Full
,
as
if
the
Authors
had
written
Just
Histories
of
Ecclesiastical
Affairs
,
and
not
Lean
Journals
only
;
so
thoroughly
in
the
dark
does
he
appear
every
where
to
be
as
to
all
those
Manuscript
Papers
and
Records
that
might
be
of
use
to
clear
up
this
Controversie
;
so
base
and
untrue
are
the
Aspersions
he
casts
on
some
of
the
best
Clergy-men
of
those
times
,
and
(
where
he
can
)
on
his
Whole
Order
;
so
mean
and
fulsome
is
the
Flattery
he
bestows
on
the
Memory
of
some
of
our
Worst
and
most
Arbitrary
Princes
:
Upon
all
these
Accounts
,
I
say
,
and
many
more
than
these
,
Dr.
Wake
has
left
so
much
room
for
Censure
,
that
it
would
be
the
business
of
one
entire
Book
to
set
out
the
Mistakes
and
Prevarications
of
that
single
Chapter
.
But
in
this
,
I
shall
rather
trust
the
Reader
to
believe
as
he
pleases
,
than
tire
him
with
a
proof
of
it
:
especially
,
since
opportunity
will
be
given
me
of
displaying
some
of
them
,
here
and
there
,
under
the
following
Heads
of
Matter
I
have
mark'd
out
,
and
according
to
the
Method
I
have
resolved
to
proceed
in
.
By
That
I
am
now
led
to
consider
the
Exceptious
of
all
sorts
that
have
been
taken
at
the
Two
Points
asserted
in
the
Entrance
of
this
Work
,
by
any
of
those
Writers
who
have
pretended
to
answer
the
Letter
to
a
Convocation-man
We
have
hitherto
done
little
more
than
set
aside
what
in
Dr.
Wake
's
Book
is
foreign
to
the
Argument
he
treats
of
;
let
us
see
now
,
what
there
is
either
in
That
,
or
any
other
Piece
,
written
on
the
same
side
,
that
can
be
thought
Material
:
I
shall
conceal
nothing
that
may
seem
in
the
least
to
affect
the
Truth
I
contend
for
,
or
the
Proofs
which
I
have
brought
to
support
it
.
In
Relation
to
the
first
Point
laid
down
we
are
told
,
that
the
Provincial
Writ
,
by
which
a
Convocation
is
Summon'd
,
has
no
relation
to
the
calling
of
a
Parliament
,
nor
does
so
much
as
mention
it
[
†
](A26154-e52060-b)
†
L.
M.
P.
p.
29
,
30.
;
That
by
such
Writs
the
Clergy
may
be
assembled
,
when
no
Parliament
is
in
being
,
may
meet
before
the
Parliament
,
and
be
continu'd
after
the
Dissolution
of
it
;
That
as
to
the
Clause
,
Praemunientes
,
in
the
Bishops
Writ
,
it
is
matter
of
Form
only
,
having
stood
there
these
three
hundred
Years
without
any
manner
of
use
[
‖
](A26154-e52100-b)
‖
Ibid.
p.
32.
,
and
referring
to
a
Convocation
,
which
for
many
Years
past
has
had
no
Existence
[
*
](A26154-e52120-b)
*
W.
p.
(
284.
)
;
That
it
was
first
inserted
upon
some
Particular
Occasion
,
and
continu'd
after
the
Cause
was
determin'd
[
†
](A26154-e52140-b)
†
L.
M.
P.
p.
32.
;
and
that
,
merely
by
the
neglect
of
a
Clark
,
as
my
Lord
of
Sarum
conjectures
[
‖
](A26154-e52170-b)
‖
Hist.
Ref.
Vol.
2.
p.
49.
;
That
upon
the
whole
therefore
the
Time
of
the
Convocations
meeting
is
no
ways
fix'd
,
but
Precarious
[
*
](A26154-e52190-b)
*
L.
M.
P.
p.
27.
,
and
it
's
Iust
Definition
is
,
an
Occasional
Assembly
for
such
Purposes
as
the
King
shall
direct
,
when
they
meet
—
as
a
late
Little
Author
[
†
](A26154-e52220-b)
†
Nicolson
.
Hist.
Libr.
Vol.
3.
p.
200.
has
told
us
out
of
a
Great
one
.
But
let
the
Definition
come
from
what
Hand
it
will
,
I
must
be
bold
to
say
,
that
it
is
unskilfully
drawn
.
For
from
the
Accounts
already
given
in
these
Papers
it
appears
,
that
the
Convocation
is
not
an
Occasional
,
but
a
Stated
Assembly
;
in
some
measure
Stated
,
as
a
Provincial
Synod
,
simply
in
it self
considered
;
much
more
so
,
as
a
Synod
attendant
on
a
Parliament
.
As
a
Provincial
Council
,
the
Rules
of
the
Church
,
receiv'd
in
all
Christian
States
,
and
particularly
in
ours
,
direct
that
it
should
be
Annual
:
As
a
Synod
attendant
on
the
Parliament
,
it
has
the
same
stated
times
of
assembling
that
the
Parliament
has
.
And
such
Parliamentary
Meetings
of
the
Clergy
ought
the
rather
to
be
kept
up
,
because
it
was
from
These
that
the
Disuse
of
yearly
Provincial
Councils
,
here
and
elsewhere
,
originally
sprung
.
For
when
through
the
Piety
of
our
Saxon
Ancestors
the
Clergy
were
call'd
to
the
Great
Councils
of
the
Realm
,
and
made
a
constant
and
necessary
part
of
them
;
they
were
oblig'd
so
frequently
to
attend
in
that
Capacity
,
that
they
had
neither
Leisure
,
nor
Need
to
observe
the
set
times
of
their
Provincial
Assemblies
.
The
Ordinary
Business
of
These
was
dispatch'd
at
those
State-meetings
;
which
were
frequent
,
and
gave
the
Clergy
the
Opportunity
of
an
easie
Recourse
to
the
Civil
Power
for
a
Confirmation
of
their
Decrees
.
And
this
,
by
degrees
,
brought
on
a
discontinuance
of
Provincial
Synods
,
which
from
thence
began
to
meet
only
on
Great
Emergencies
,
and
for
Extraordinary
Occasions
.
Thus
the
matter
stood
throughout
the
Saxon
Times
,
and
for
some
Reigns
after
the
Conquest
:
The
Clergy
of
the
whole
Realm
met
Nationally
with
the
Laity
,
and
did
Church-business
at
the
same
Time
and
Place
that
the
Great
Affairs
of
the
State
were
transacted
.
Afterwards
it
was
thought
more
Regular
,
that
they
should
attend
the
Parliament
,
not
in
one
Body
,
but
in
Two
Provincial
Synods
;
which
would
equally
answer
the
State-Ends
of
assembling
them
,
and
would
withall
be
more
strictly
agreeable
to
the
Canons
.
Accordingly
they
have
for
near
400.
years
past
constantly
thus
attended
;
and
are
therefore
in
this
respect
as
stated
an
Assembly
,
as
the
Parliament
it self
.
'T
is
true
,
there
have
been
during
this
Period
,
Other
Meetings
also
of
the
Clergy
out
of
Parliament
time
,
when
the
Necessities
of
the
Church
so
requir'd
;
and
these
Assemblies
indeed
(
and
these
alone
)
were
properly
Occasional
.
But
these
were
rare
in
comparison
of
Parliamentary
Synods
,
even
in
Popish
times
:
and
since
the
Reformation
there
has
been
no
Instance
of
'em
,
the
Convocation
of
1640.
only
excepted
;
which
is
no
Compleat
Instance
neither
:
for
it
was
call'd
,
and
sat
together
with
the
Parliament
,
tho'
it
continued
after
it
.
And
what
Reflections
and
Votes
this
Continuance
produc'd
in
the
Succeeding
Parliament
,
is
sufficiently
known
.
Setting
aside
therefore
what
was
done
in
this
disputed
Instance
,
it
is
certain
,
that
All
the
Business
of
the
Church
has
for
these
hundred
and
fifty
years
last
been
transacted
purely
in
Parliamentary
Convocations
:
and
these
therefore
(
which
are
the
only
Synods
now
in
use
)
being
Stated
,
and
not
Occasional
,
it
can
be
no
part
of
the
Definition
of
a
Convocation
,
that
it
is
an
Occasional
Assembly
.
By
the
Universal
Rules
and
Practice
of
the
Church
there
are
Set-times
allotted
for
Provincial
Synods
to
meet
;
and
these
Times
are
by
our
Constitution
adjusted
to
those
of
Parliament
.
And
the
Clergy-Meetings
therefore
thus
appointed
concurrently
with
Parliaments
can
no
more
be
said
to
be
Precarious
,
or
Occasional
than
They
are
.
'T
is
true
,
their
Acting
is
Occasional
,
tho'
their
Meeting
and
Sitting
be
not
:
for
they
may
possibly
,
when
met
,
have
no
Business
to
do
;
and
then
,
as
they
met
a
course
,
so
they
adjourn
,
or
are
adjourn'd
a
course
:
but
the
Chance
of
their
acting
,
or
not
acting
,
ought
not
any
ways
to
hinder
their
Meeting
and
Sitting
,
both
because
it
cannot
certainly
be
known
till
they
are
met
,
whether
there
be
any
Business
for
'em
,
or
no
;
and
should
there
not
be
any
,
yet
they
preserve
a
Right
to
do
Business
,
when
there
shall
be
occasion
for
it
,
by
thus
assembling
when
there
is
none
.
Archbishop
Parker
,
Mr.
Cambden
,
Sir
Robert
Cotton
,
all
that
have
been
Eminent
for
their
skill
in
our
Constitution
,
have
constantly
represented
the
Convocation
to
be
a
fixed
and
stated
Assembly
,
and
never
once
dreamt
that
it
was
Occasional
:
and
one
would
wonder
therefore
how
our
Young
Antiquaries
came
to
be
wiser
in
this
respect
than
the
Old
ones
.
No!
this
Meeting
is
not
Occasional
,
but
the
Notion
is
taken
up
purely
to
serve
a
Turn
,
and
do
Business
:
for
there
must
be
New
Notions
to
justifie
New
Usages
.
But
(
to
speak
a
plain
word
)
I
cannot
for
my
heart
like
these
Men
of
Occasional
Principles
:
for
I
remember
well
that
Those
were
thought
thoroughly
Honest
by
neither
side
,
who
were
for
Occasional
Communion
.
Thus
much
in
answer
to
the
General
Part
of
the
Objection
,
which
would
persuade
us
,
that
't
is
of
the
Nature
of
a
Convocation
to
be
a
Precarious
Assembly
:
what
is
further
urg'd
to
support
this
Notion
,
shall
be
consider'd
under
Two
Heads
,
wherein
I
shall
shew
,
1.
That
the
Praemunientes
in
the
Bishops
Writ
,
is
not
an
Idle
Useless
Clause
(
as
we
are
made
to
believe
)
inserted
only
on
a
Particular
Occasion
,
and
continu'd
by
Accident
;
but
a
Real
,
and
(
heretofore
at
least
)
an
Effectual
Summons
of
the
Clergy
to
Parliament
;
such
as
they
constantly
made
Formal
Returns
to
,
as
often
as
it
went
out
,
and
did
expresly
obey
.
2.
That
the
Writ
to
the
Two
Archbishops
to
convene
the
Clergy
of
their
Provinces
,
tho'
it
does
not
expresly
mention
a
Parliament
,
yet
has
an
immediate
Reference
to
it
:
the
Original
Design
of
its
issuing
out
together
with
the
Bishops
Writ
being
only
to
secure
an
Obedience
to
the
Premunitory
Clause
of
it
,
and
to
make
the
Clergy's
Parliamentary
Assemblies
more
full
and
certain
.
Upon
the
first
of
these
Points
I
shall
not
content
my self
barely
to
make
good
what
I
propose
;
but
shall
extend
my
Enquiries
further
,
and
endeavour
to
give
some
account
of
the
Original
of
the
Premunitory
Clause
,
as
it
now
stands
in
the
Bishops
Writ
,
of
the
true
Grounds
of
inserting
it
,
and
of
the
steps
by
which
it
prevail'd
.
Something
not
unlike
it
I
find
practis'd
as
early
as
the
Sixth
of
King
Iohn
,
when
a
Writ
,
yet
to
be
seen
among
our
Records
[
†
](A26154-e52640-b)
†
Cl.
6
Joh.
m.
3.
dors.
,
went
out
,
calling
the
Bishops
to
Parliament
,
and
by
them
all
the
Conventual
Abbots
and
Priors
of
the
Diocese
;
that
is
,
it
may
be
,
all
those
of
the
Clergy
below
Bishops
,
who
might
,
in
this
Instance
,
be
Summon'd
to
Parliament
.
Ten
years
after
this
the
Charter
of
Runnymead
oblig'd
the
Crown
to
Summon
every
Bishop
,
Baron
,
Abbat
,
and
Prior
,
Singillatim
,
that
is
,
by
a
Distinct
Writ
:
and
accordingly
in
the
26
H.
3.
[
*
](A26154-e52710-b)
*
Cl.
m.
13.
dors.
the
Archbishop
of
York's
Summons
has
no
such
Clause
in
it
;
the
Abbots
being
then
,
we
may
presume
,
Summon'd
severally
;
as
we
are
sure
they
were
in
the
41st
.
of
the
same
Prince
,
from
the
Abbot
of
Burton's
Summons
,
preserv'd
in
the
Annals
of
that
Monastery
[
‖
](A26154-e52750-b)
‖
P.
371.
,
and
as
the
Deans
appear
to
have
been
in
the
49
H.
3.
[
*
](A26154-e52780-b)
*
Dugd.
Summ.
p.
2.
And
whether
the
Clergy
of
yet
Lower
Rank
came
to
that
Famous
Meeting
in
some
proportion
answerable
to
that
of
the
Lower
Laity
,
and
in
what
manner
they
were
Summon'd
thither
,
can
be
matter
of
Guess
only
;
for
our
Records
are
silent
.
Edward
the
First
,
a
Martial
Prince
,
having
great
Designs
abroad
,
had
consequently
need
of
Great
Supplies
at
home
;
and
in
order
to
obtain
them
quietly
,
found
it
requisite
to
get
the
Express
Consent
of
as
many
of
his
Subjects
as
he
could
to
the
Parliamentary
Grants
;
and
for
that
End
resolv'd
to
make
the
Lower
Clergy
and
Laity
a
constant
and
standing
Part
of
All
his
Parliaments
.
In
his
first
year
,
while
he
was
yet
abroad
in
his
Expedition
,
we
find
the
Commons
(
as
we
now
understand
the
word
)
present
in
Parliament
[
*
](A26154-e52830-b)
*
de
quolibet
Comitatu
Quatuor
milites
,
&
de
qualibet
Civitate
Quatuor
.
Ann.
Wav
.
p.
227.
;
and
that
in
a
greater
number
than
they
were
in
the
49
th
.
of
his
Father
.
But
it
does
not
appear
,
that
the
Inferior
Clergy
were
at
this
Meeting
;
who
,
it
seems
,
standing
upon
their
Priviledges
and
Exemptions
,
were
not
so
easie
to
be
dealt
with
in
this
respect
as
those
of
the
Laity
were
.
In
his
third
year
therefore
we
hear
only
of
the
Pontifices
,
&
Cleri
Majores
in
Parliament
[
i.
e.
of
the
Bishops
,
Abbats
,
Priors
,
and
Archdeacons
]
;
of
whom
the
King
demanding
a
Subsidy
was
answer'd
by
the
Bishops
,
that
they
could
not
agree
to
it
,
without
consulting
the
Clergy
of
their
Dioceses
;
In
his
Seventh
year
the
Council
of
Reding
met
,
wherein
it
was
order'd
that
two
Proctors
should
be
Elected
by
the
Clergy
of
every
Diocese
,
and
sent
up
to
represent
them
in
the
next
Congregation
of
the
Clergy
to
be
held
with
the
next
Parliament
[
*
](A26154-e52930-b)
*
This
is
according
to
the
Edition
of
the
Canons
of
that
Council
,
at
the
End
of
Lynwood
.
From
what
Copy
it
was
taken
,
is
not
said
:
But
those
Copies
which
Sir
Will
.
Dugdale
Transcrib'd
into
the
Second
Volume
of
our
English
Councils
[
See
p.
320.
]
differ'd
from
it
,
it
is
clear
;
if
at
least
Sir
William
's
Transcripts
are
Exact
,
and
to
be
depended
on
.
.
Whether
Archbishop
Peckam
found
,
that
the
King
had
resolv'd
to
bring
these
Proctors
to
Parliament
by
his
Own
Authority
,
and
therefore
prevented
him
by
this
Constitution
,
or
whether
he
did
it
,
to
have
their
Counsel
and
Assistance
in
opposing
the
Statute
of
Mortmain
,
which
he
foresaw
would
be
attempted
in
that
Parliament
(
and
was
accordingly
carried
)
;
or
upon
what
other
View
he
acted
,
I
pretend
not
to
say
.
But
from
thence
forward
I
take
it
for
granted
that
such
Proctors
were
constantly
return'd
to
all
the
Clergy's
Parliamentary
Meetings
;
and
that
purely
upon
an
Ecclesiastical
Call
at
first
,
tho'
the
King
soon
let
himself
into
a
share
in
Convening
them
.
For
in
his
Ninth
year
,
His
and
the
Archbishop's
Authority
were
joyntly
and
interchangeably
employ'd
in
it
;
the
Archbishop
signifying
the
King's
Pleasure
in
his
Letters
Mandatory
to
the
Clergy
,
and
the
King
on
the
other
side
Executing
the
Archbishop's
Mandate
by
his
Own
Ministers
.
The
Case
(
if
my
Collections
deceive
me
not
)
was
thus
:
The
Bishops
[
and
their
Clergy
]
were
Summon'd
to
a
Synod
at
London
by
an
Injunction
from
the
Archbishop
in
which
they
were
commanded
also
to
meet
at
another
Time
and
Place
appointed
by
the
King
:
and
that
they
might
be
sure
so
to
do
,
Letters
of
Citation
are
directed
(
not
to
the
Bishop
of
London
,
but
)
to
the
King
himself
,
to
be
by
him
communicated
to
the
several
Bishops
by
Royal
Messengers
.
This
odd
President
we
have
an
account
of
in
the
Register
of
P●ckam
[
*
](A26154-e53070-b)
*
The
Citatory
Letters
are
dated
Kal.
Apr.
1281
▪
.
And
the
same
Formality
,
I
suppose
,
was
used
in
Convening
the
Clergy
of
York
Province
,
who
met
about
this
time
at
York
,
as
appears
from
a
Writ
extant
in
Pryn
[
†
](A26154-e53120-b)
†
Eccl.
Jurisd.
T.
3.
P.
275.
,
impowring
the
Bishop
of
Carlisle
,
to
collect
the
Tenth
of
his
own
Diocese
,
granted
at
that
Provincial
Assembly
.
Next
year
the
Prerogative
got
ground
a
little
,
for
the
King
holding
his
Parliament
at
Northampton
,
commanded
the
Archbishop
by
Writ
to
Summon
his
Clergy
thither
,
to
meet
Coram
Nobis
,
vel
coram
fidelibus
nostris
quos
ad
hoc
duximus
deputandos
,
Diocesan
Clergy
;
who
,
it
may
be
,
were
by
a
Particular
Writ
to
be
apply'd
to
afterwards
,
and
requir'd
to
follow
the
Pattern
which
the
Superior
Clergy
should
set
,
according
to
the
way
sometimes
practis'd
in
former
Reigns
[
‖
](A26154-e53230-b)
‖
See
an
Instance
,
A.
D.
1207
80.
Joh.
in
Pryn
's
Parl.
Writ
.
Vol.
1.
Pref.
.
So
that
this
Meeting
was
just
such
another
as
that
in
the
third
of
his
Reign
,
where
the
Majores
Cleri
only
were
present
.
And
yet
at
the
Synod
call'd
on
the
same
occasion
by
the
A.B.
of
York
,
in
His
Province
,
we
find
the
Diocesan
Clergy
appear'd
:
and
(
which
is
very
remarkable
)
the
Laity
of
York-Province
under
Barons
,
[
Milites
,
Liberi
Homines
,
Communitates
,
&
omnes
alii
de
singulis
Comitatibus
ultrà
Trentam
]
had
also
their
Summons
to
the
same
Time
and
Place
with
the
Clergy
.
So
I
gather
from
the
Writ
sent
joyntly
to
both
,
which
being
of
a
curious
and
uncommon
Form
,
will
deserve
a
place
in
the
Appendix
[
*
](A26154-e53320-b)
*
Numb
.
VIII
.
where
the
Reader
will
find
also
another
directed
to
the
Clergy
and
Laity
of
the
Bishoprick
of
Durham
;
who
tho'
meeting
with
the
rest
of
York
-
Province
,
yet
had
,
it
seems
,
distinct
Messages
and
Messengers
sent
to
them
,
and
made
likewise
their
separate
Returns
.
(
See
Regist.
Joh.
Romani
ad
Ann.
1286.
fol.
99.
Regist.
Grenefield
ad
Ann.
1310.
f.
180.
)
and
something
of
this
Priviledge
I
think
,
that
See
even
yet
retains
.
.
Hitherto
then
the
Clergy
were
so
far
from
meeting
Nationally
with
the
Parliament
,
that
the
Lower
part
of
the
Parliament
seems
to
have
divided
sometimes
to
accommodate
it self
to
the
Provincial
Meetings
of
the
Clergy
.
How
the
King
was
obey'd
in
this
Instance
as
to
the
Province
of
Canterbury
appears
from
Peckam's
Register
,
where
we
find
his
Mandate
[
†
](A26154-e53460-b)
†
See
App.
Num.
IX
.
to
the
Bishop
of
London
,
reciting
the
King
's
Writ
,
and
commanding
all
the
Bishops
of
his
Province
,
and
all
the
others
mention'd
in
it
,
to
assemble
dictis
die
&
loco
ob
Reverentiam
Regiae
Majestatis
,
de
expedientibus
reipublicae
tractaturi
;
but
with
words
also
that
intimated
his
sense
of
the
Hardship
which
this
New
Precedent
laid
'em
under
,
and
which
the
Clergy
,
I
suppose
,
so
understood
,
as
if
he
would
not
be
very
severe
upon
them
,
tho'
they
should
not
comply
with
it
.
Accordingly
their
Meeting
at
Northampton
was
but
thin
,
and
they
brake
up
immediately
,
referring
themselves
to
a
Fuller
Convocation
;
to
be
call'd
in
the
usual
Form
by
the
Archbishop
,
and
refusing
to
answer
the
King's
Demands
till
such
an
one
were
Summon'd
;
as
it
was
soon
afterwards
[
‖
](A26154-e53510-b)
‖
See
App.
Num.
IX
.
:
and
that
being
a
Regular
Assembly
,
both
as
to
the
Place
[
*
](A26154-e53530-b)
*
Nov.
Templ
.
Lond.
at
which
,
and
the
Authority
[
†
](A26154-e53540-b)
†
The
Archbishop's
.
by
which
they
met
,
and
the
Persons
[
‖
](A26154-e53560-b)
‖
Totus
Clerus
are
said
to
be
call'd
i.
e.
beside
those
Summon'd
to
Northampton
,
the
Archdeacons
also
,
and
Diocesan-Clergy
.
composing
it
,
the
King's
Business
did
there
receive
an
Easie
Dispatch
.
Had
the
King
's
Writ
,
which
call'd
the
Clergy
before
his
Commissioners
at
Northampton
been
obey'd
readily
,
the
way
had
been
open'd
towards
his
bringing
the
whole
Body
of
'em
afterwards
to
Parliament
.
But
having
fail'd
in
this
,
and
such
like
attempts
,
and
finding
that
the
Archbishop
and
his
Clergy
understood
one
another
,
and
were
secretly
agreed
to
defeat
him
,
he
afterwards
went
more
roundly
to
work
,
and
without
asking
help
from
the
Church
,
was
resolv'd
to
use
only
his
Own
Authority
;
and
accordingly
Summon'd
all
the
Great
Abbats
and
Priors
to
Parliament
Personally
,
as
well
those
who
did
not
hold
of
him
by
Barony
,
as
those
who
did
;
and
the
Lower
Clergy
by
a
Premunitory
Clause
inserted
in
the
Writ
to
every
Bishop
.
At
what
time
precisely
this
Method
was
first
set
on
foot
,
I
cannot
be
positive
:
but
sure
I
am
that
a
year
before
the
23
Edw.
1.
(
the
common
Aera
of
the
Praemunientes
)
it
was
practis'd
.
Peckam
was
now
dead
,
and
Winchelsey
not
yet
return'd
with
his
Pall
from
Rome
;
and
the
See
of
York
fill'd
with
an
Obnoxious
Person
[
*
](A26154-e53720-b)
*
Ioh.
Romanus
.
,
Fin'd
lately
Four
thousand
Marks
by
Parliament
[
†
](A26154-e53740-b)
†
Ryley's
Placita
.
p.
141.
;
and
on
that
,
and
some
other
accounts
[
‖
](A26154-e53770-b)
‖
See
Ibid.
p.
173.
now
at
the
King's
Mercy
.
This
lucky
Juncture
the
King
seems
to
have
laid
hold
of
,
to
bring
the
Clergy
to
a
compliance
with
his
Will
,
when
they
had
no
body
to
head
them
in
their
opposition
to
him
[
*
](A26154-e53790-b)
*
Vacabat
Ecclesia
Cant.
(
says
Knighton
)
&
membra
sine
capite
in
consilio
dispersa
sunt
;
Eboracensis
vèro
Iohannis
Romanus
,
Regis
timore
perterritus
,
eò
quòd
in
magnâ
pecuniae
summâ
regi
tenebatur
,
quasi
dissimulando
destituit
,
&c.
p.
2502.
.
He
Summons
the
Prior
and
Chapter
of
Canterbury
therefore
,
as
Guardians
of
the
Spiritualties
of
that
See
,
during
its
Vacancy
,
and
by
Them
the
Archdeacon
of
Canterbury
,
and
two
Proctors
for
the
Diocese
[
†
](A26154-e53860-b)
†
See
the
Writ
Append.
Numb
.
X.
.
The
Clause
in
this
Writ
differs
in
nothing
from
what
was
afterwards
practis'd
,
except
that
it
begins
with
the
word
Vocantes
,
instead
of
Praemunientes
,
and
mentions
not
the
Prior
and
Chapter
of
Canterbury
,
they
being
indeed
the
Persons
written
to
,
and
having
already
in
the
former
part
of
the
Writ
been
cited
under
another
Capacity
.
Only
still
we
may
observe
that
tho'
the
Call
were
really
to
Parliament
,
yet
it
is
not
mention'd
throughout
the
Summons
;
either
in
that
part
of
it
,
which
commands
the
Bishop
to
attend
,
or
in
that
which
warns
the
Lower
Clergy
to
accompany
him
;
but
they
are
cited
only
to
treat
and
to
consult
among
themselves
.
Knighton
[
*
](A26154-e53940-b)
*
Eodem
Anno
(
MCCXCIV
.
)
Vocavit
Rex
per
Literas
suas
Archiepiscopos
,
Episcopos
,
Decanos
Ecclesiarum
Cathedralium
&
Archidiaconos
in
propriis
personis
suis
Clerumque
uniuscujusque
Diocesis
per
duos
Procuratores
,
&c.
X.
Script
.
col.
2501.
,
and
the
Annals
of
Worster
[
†
](A26154-e53960-b)
†
Die
XIX
.
Sept.
Rex
habuit
Colloquium
Londoniae
cum
omnibus
Episcopis
,
&
Archidiaconis
,
&
Abbatibus
.
Et
Clerus
ibi
similiter
habuit
Procuratores
.
Ann.
Wig.
apud
Ang.
Sacr.
Vol.
1.
p.
516.
,
and
Eversden
[
*
](A26154-e54000-b)
*
Rex
Parliamento
die
crastino
Sti
Michaelis
[
it
should
be
Matthaei
]
habito
—
Universos
&
singulos
Angliae
Praelatos
cum
Clero
,
nec
non
&
Religiosos
omnes
possessiones
obtinentes
ad
ipsum
Parliamentum
vocatos
,
ad
praestationem
,
&c.
induxit
.
M.
S.
in
Off.
Arm.
ad
Ann.
1294.
mention
the
Clergy
as
present
in
this
Parliament
,
and
the
two
first
of
these
tell
us
particularly
,
who
were
Summon'd
.
Neither
of
their
Enumerations
are
just
indeed
,
but
both
together
compleat
the
Account
.
And
from
the
notice
thus
taken
of
the
Clergy's
attendance
,
and
from
the
Particular
given
of
the
Persons
attending
,
we
may
be
satisfy'd
,
that
the
Summons
was
Extraordinary
;
and
from
thence
may
conclude
,
that
before
this
it
had
not
,
probably
,
been
practis'd
;
to
be
sure
,
not
obey'd
.
But
now
it
was
effectually
:
for
,
upon
the
receipt
of
the
King
's
Writ
,
the
Prior
and
Chapter
sent
out
their
Letters
Mandatory
(
in
which
they
recite
it
)
One
to
the
Archdeacon
of
the
Diocese
,
and
another
to
the
Commissary
of
their
Separate
Jurisdiction
,
ordering
them
to
bring
the
Clergy
of
their
several
Districts
together
at
a
Place
,
and
Time
appointed
;
as
They
did
:
and
the
Clergy
thus
met
,
deputed
two
Common
Proctors
,
to
represent
the
whole
Diocese
.
And
these
Proctors
sat
and
acted
for
them
in
Parliament
,
i.
e.
in
that
Assembly
of
the
Clergy
which
was
Summon'd
by
the
same
Writ
,
to
meet
at
the
same
Time
and
Place
that
the
Lay-part
of
the
Parliament
were
[
*
](A26154-e54060-b)
*
Ad
ipsum
Parliamentum
vocatos
,
says
Eversden
,
above
.
;
and
accordingly
did
thus
meet
at
the
opening
of
it
promiscuously
[
†
](A26154-e54080-b)
†
So
I
gather
from
Mat.
Westm.
who
says
,
Coädunatis
apud
—
Clero
&
Populo
.
P.
422.
and
so
Knighton
's
Relation
,
(
Col
2502.
)
manifestly
implys
.
,
tho'
they
afterwards
debated
and
resolv'd
separately
[
*
](A26154-e54150-b)
*
This
too
appears
from
Knighton
(
ibidem
)
and
from
the
manner
in
which
their
Orders
in
relation
to
the
Grant
are
spoken
of
in
Registr.
Henr.
Prioris
,
fol.
63.
There
a
Writ
recites
,
that
in
sesto
beati
Matthaei
,
&c.
quaedam
●unt
Ordinata
per
Praelatos
&
Cleri
Procuratores
,
exclusively
to
the
Laity
.
And
the
Clergy's
Proctors
are
there
also
impower'd
to
consent
to
what
the
Prelates
,
Archdeacons
,
and
other
Proxies
of
the
Clergy
should
do
in
common
.
.
And
one
of
the
Resolutions
they
came
to
was
to
give
the
King
a
moiety
of
their
Goods
for
one
year
.
This
Gift
however
was
by
the
Province
of
Canterbury
alone
;
for
the
Clergy
of
York-Province
,
if
present
in
this
meeting
,
yet
did
not
make
their
Grant
in
it
,
as
appears
from
the
King's
Letters
Patents
transmitted
to
them
by
the
Dean
of
York
,
immediately
upon
the
rising
of
the
Clergy
of
Canterbury
[
†
](A26154-e54270-b)
†
The
Parliament
sat
on
Sept.
20
th
.
or
21
th
.
and
rose
in
a
few
days
,
the
Letters-Patents
to
the
York
-
Clergy
are
dated
Septemb.
the
28
th
.
,
wherein
they
are
commanded
to
do
as
the
King's
Agent
shall
direct
,
i.
e.
as
the
Clergy
of
the
other
Province
had
done
before
them
.
It
appears
indeed
from
the
Register
of
Ioh.
Romanus
[
‖
](A26154-e54360-b)
‖
Ad
Ann.
that
his
Clergy
were
Summon'd
to
this
Parliament
by
the
very
same
Writ
that
those
of
Canterbury
were
:
but
whether
they
declin'd
appearing
there
,
or
only
delaid
their
Grant
till
they
met
Provincially
at
home
,
I
cannot
say
:
sure
we
are
,
that
the
next
year
[
*
](A26154-e54380-b)
*
23
E.
1.
they
were
again
Summon'd
,
the
Praemunientes
being
inserted
into
the
Writs
of
all
the
Bishops
of
York-Province
,
as
Pryn
[
†
](A26154-e54430-b)
†
Parl.
Wr.
Vol.
1.
p.
7.
informs
us
.
And
the
year
after
that
,
we
know
that
it
was
not
only
inserted
[
‖
](A26154-e54440-b)
‖
Dugd.
Summ.
p.
13.
,
but
obey'd
by
them
.
For
Rex
Angliae
apud
Sanctum
Edmundum
in
crastino
Animarum
Parliamentum
suum
tenuit
,
&
vocati
ibidem
venerunt
per
Regias
Literas
Praelati
&
Totus
Clerus
,
says
the
Manuscript
Chronicle
of
Canterbury
written
at
this
time
,
of
which
a
Fragment
is
published
by
Mr.
Wharton
(
Angl.
Sac.
Vol.
1.
p.
50.
)
and
so
Thorn
.
Rex
apud
S.
Edm.
tenuit
Parliamentum
,
Convocato
illùc
Toto
Clero
.
Col.
1965.
Now
therefore
the
Praemunientes
became
an
Usual
Part
of
the
Bishop's
Writ
,
and
had
a
place
there
,
not
as
Matter
of
Form
only
;
for
as
often
as
it
was
repeated
,
it
was
expresly
comply'd
with
.
The
Bishop
,
upon
the
Receipt
of
his
Writ
,
transmitted
it
in
a
Letter
of
his
own
to
the
Dean
or
Prior
of
his
Cathedral
Church
,
and
to
the
Archdeacon
or
Archdeacons
of
his
Diocese
,
commanding
them
to
appear
in
Person
at
the
Time
and
Place
prefix'd
by
the
Writ
,
and
to
warn
the
Chapter
to
send
one
of
their
Body
,
and
the
Clergy
of
the
Diocese
Two
thither
;
and
moreover
to
transmit
an
account
to
him
of
what
they
had
done
,
or
would
do
in
this
matter
.
To
this
the
Deans
,
Priors
,
or
Archdeacons
,
made
answer
by
their
Certificatorium
;
which
recited
the
Bishop's
Writ
,
as
that
recited
the
King's
,
and
concluded
always
either
that
they
had
done
,
or
would
do
,
as
commanded
.
Upon
this
the
Chapter
met
and
deputed
One
,
and
the
Clergy
of
the
Diocese
Two
to
appear
for
them
in
Parliament
.
The
Persons
so
deputed
had
Procuratoria
(
or
Letters
of
Substitution
,
ad
tractandum
,
ordinandum
,
&
faciendum
;
or
ad
faciendum
&
consentiendum
,
or
ad
consentiendum
only
,
so
was
the
Other
.
These
Instruments
they
exhibited
the
first
day
of
the
Session
,
or
at
least
of
their
Appearance
there
;
and
Memorandum's
of
them
were
enter'd
,
together
with
the
other
Proxies
,
by
the
Clerk
of
the
Parliament
.
This
was
the
Method
in
which
the
Praemunientes
was
Executed
upon
the
Inferior
Clergy
,
and
obey'd
by
them
:
a
Method
,
not
practis'd
once
,
or
twice
,
upon
an
Exigence
only
(
as
our
Adversaries
ignorantly
talk
)
;
but
for
two
hundred
years
and
upwards
,
at
least
,
after
the
first
framing
it
.
Several
times
it
was
inserted
in
the
Latter
Years
of
Edward
the
First
,
as
the
Writs
Printed
by
Pryn
,
and
Dugdale
shew
,
and
sometimes
when
they
take
no
notice
of
it
[
*
](A26154-e54670-b)
*
For
instance
,
the
Writ
for
the
Parliament
in
Quindena
Purific
.
33
E.
1.
is
Printed
in
Dugdale
(
p.
45.
)
without
the
Praemunientes
:
whereas
both
That
,
and
the
Writ
of
Prorogation
certainly
had
it
;
as
appears
from
a
Certificatorium
relating
to
the
one
,
and
a
Procuratorium
to
the
other
;
both
enter'd
in
a
Register
of
Henry
the
Prior
of
Canterbury
.
.
And
I
have
seen
either
the
Certificatories
,
or
Letters
of
Proxy
,
that
were
drawn
up
by
some
Capitular
Body
or
other
,
in
relation
to
every
one
of
these
Meetings
.
Three
or
four
of
these
for
the
Convent
of
Bathe
,
Pryn
[
†
](A26154-e54800-b)
†
Parl.
Wr.
Vol.
1.
Pp.
116
,
117
,
118.
has
given
us
as
Rarities
;
and
indeed
they
are
All
that
I
have
seen
Printed
any
where
,
(
for
That
which
he
mentions
out
of
Selden
is
a
Deputation
for
an
Abbat
only
)
:
However
in
the
Old
Chapter-Books
they
are
very
commonly
to
be
met
with
;
and
from
thence
therefore
I
shall
take
the
Forms
of
some
Few
[
‖
](A26154-e54850-b)
‖
See
Append
.
Numb
.
XI
.
,
and
the
Dates
of
as
many
more
as
will
be
requisite
to
continue
the
Succession
of
them
down
to
Henry
the
Eighth's
Reign
.
All
Edward
the
First
's
time
,
I
have
said
,
that
this
Clause
had
its
due
effect
;
the
Clergy
,
by
vertue
of
it
,
resorting
from
Both
Provinces
to
Parliament
.
Of
this
the
Evidence
is
very
Full
and
Convincing
,
in
relation
to
his
Last
Parliament
at
Carlisle
,
the
Records
of
which
Ryley
has
Printed
at
length
in
his
Placita
Parliamentaria
;
and
amongst
them
,
the
Names
of
all
those
Proctors
that
appear'd
for
every
Capitular
Body
,
and
for
the
Clergy
of
Each
Diocese
of
the
Kingdom
.
'T
is
the
only
thing
of
the
kind
that
is
extant
,
or
perhaps
preserv'd
;
and
the
Book
where
it
lyes
is
in
the
Hands
of
Few
but
the
Professors
of
the
Law
:
for
which
reason
I
shall
place
a
Specimen
of
it
in
the
Appendix
[
*
](A26154-e54980-b)
*
See
Num.
XII
.
.
Nor
did
any
Change
happen
in
this
respect
,
all
Edward
the
Second's
time
:
Indeed
the
Weakness
of
that
Prince
(
who
was
given
up
to
his
Favourites
and
his
Pleasures
)
,
and
the
Ascendant
which
Archbishop
Winchelsey
had
over
him
,
after
his
Return
from
Exile
,
encourag'd
,
the
Clergy
to
slacken
a
little
in
their
Obedience
to
this
Clause
,
at
the
Beginning
of
his
Reign
:
and
once
or
twice
under
Archbishop
Reynolds
they
attempted
to
free
themselves
wholly
from
the
Authority
of
a
Lay-Summons
.
But
they
could
not
bring
it
to
pass
;
and
after
a
short
struggle
therefore
soon
return●d
to
their
Duty
,
and
made
their
Representatives
regularly
,
according
to
the
Tenor
of
it
,
throughout
all
the
Latter
part
of
his
Reign
.
It
will
be
at
least
a
curious
,
if
not
an
useful
piece
of
knowledge
,
to
give
our selves
some
Account
of
the
Steps
taken
by
the
Lower
Clergy
,
to
get
rid
of
the
Praemunientes
,
and
of
the
little
Varieties
made
use
of
in
convening
them
,
at
this
Critical
Time
.
In
the
first
and
third
years
of
this
Prince
,
when
it
went
out
,
it
was
comply'd
with
[
*
](A26154-e55060-b)
*
Vide
Procuratoria
data
3.
Apr.
1307.
&
25.
Apr.
1309.
in
Registro
Henrici
Prioris
.
:
but
the
Clergy
afterwards
fell
off
,
so
that
in
his
fifth
year
,
he
found
himself
oblig'd
to
insert
a
Clause
of
a
different
nature
into
the
two
Archbishops
Writs
[
*
](A26154-e55080-b)
*
See
the
Form
in
Dugd.
Summoit
.
Pp.
77
,
78.
,
ordering
them
to
bring
the
Clergy
(
not
of
their
several
Dioceses
only
,
but
)
Provinces
to
Parliament
.
And
here
(
for
ought
I
can
find
)
the
Foundation
was
laid
for
that
Practice
of
a
Double
Summons
of
the
Clergy
,
both
by
the
Provincial
,
and
Bishop's
Writ
,
which
grew
afterwards
the
setled
Course
,
and
does
even
to
this
day
(
with
some
small
Variety
as
to
the
Form
)
obtain
.
Two
years
afterwards
a
New
Attempt
was
made
by
the
Crown
,
to
bring
Each
Province
apart
before
the
King's
Commissioners
,
out
of
Parliament
time
,
but
by
Writs
in
a
Parliamentary
Form
to
the
several
Suffragan
Bishops
,
and
by
others
to
the
two
Archbishops
[
†
](A26154-e55160-b)
†
See
Append
.
Numb
:
XIII
.
,
ordering
them
to
convene
their
Clergy
Provincially
at
two
different
Times
and
Places
therein
mention
,
Prout
in
proximo
Parliamento
nostro
apud
Westminster
habito
tam
per
Clerum
quam
per
Communitatem
regni
nostri
extitit
concordatum
[
†
](A26154-e55200-b)
†
This
refers
to
the
Parliament
in
Quindenâ
Paschae
,
(
Dugd.
p.
95.
)
which
was
Summon'd
with
the
Praemunientes
,
and
that
Clause
was
(
as
appears
by
these
words
)
obey'd
.
.
The
Direction
of
it
was
,
Venire
faciatis
coram
dictis
fidelibus
nostris
Suffraganeos
vestros
,
Decanos
,
Priores
Ecclesiarum
Cathedralium
,
Archidiaconos
,
Abbates
Exemptos
&
non
Exemptos
Provinciae
vestrae
in
propriis
personis
;
Capitula
etiam
—
per
unum
—
&
Clerum
—
per
duos
Procuratores
,
ad
tractandum
&
consentiendum
unà
Vobiscum
,
&c.
And
because
the
Exempt
Abbats
might
be
backward
in
obeying
the
Archbishop's
Mandate
,
They
too
had
the
same
Writ
sent
'em
,
as
the
Suffragans
had
,
the
Clause
Praemunientes
only
excepted
.
Had
this
Method
succeeded
,
it
would
have
brought
the
Clergy
more
effectually
,
and
in
fuller
Numbers
to
Parliament
than
the
Praemunitory
Clause
did
.
When
met
therefore
,
they
took
the
Alarm
,
and
remonstrated
against
it
,
as
a
Novelty
,
never
before
practis'd
,
in
formâ
quâ
nunc
scribitur
.
They
complain
also
of
the
Total
Insertion
of
the
King
's
Writ
into
the
Archbishop's
Mandate
,
as
tending
to
a
manifest
Subversion
of
their
Priviledges
,
and
desire
a
Revocation
of
it
;
and
that
they
may
be
resummon'd
in
a
Regular
Manner
,
by
the
Archbishop
,
without
any
Interposition
of
the
Civil
Authority
;
which
was
granted
.
The
Remonstrance
[
*
](A26154-e55300-b)
*
See
it
Append
:
Numb
.
XIV
.
is
set
down
in
an
Old
Cotton-Manuscript
[
†
](A26154-e55330-b)
†
Faustin
.
A.
5.
,
but
with
a
false
Date
:
for
it
is
there
supposed
to
be
made
at
a
Convocation
in
1322
,
to
which
it
no
ways
belongs
.
The
Alteration
this
produc'd
was
,
that
the
next
year
[
of
this
Prince's
reign
,
but
the
same
of
our
Lord
]
the
Archbishop
had
two
several
Writs
directed
to
him
,
when
the
Parliament
was
Summon'd
;
the
One
,
as
he
was
Bishop
of
the
Diocese
,
with
the
Usual
Clause
for
the
Lower
Clergy
;
the
other
[
‖
](A26154-e55350-b)
‖
See
it
Append.
Num.
XV.
,
as
Metropolitan
,
to
cite
those
very
Clergy
,
and
no
others
,
Provincially
,
who
were
call'd
up
by
the
Writs
to
their
several
Diocesans
.
But
neither
would
this
Method
take
easily
,
for
the
Clergy
,
when
assembled
,
protested
against
such
sort
of
Citations
by
the
Archbishop
,
as
calling
a
part
of
the
Body
only
;
and
those
ad
Curiam
Saecularem
,
puta
Domini
Regis
Parliamentum
quod
in
Camerâ
ejusdem
inchoatur
;
and
therefore
tam
ratione
Fori
,
quam
Loci
,
Uncanonical
;
and
say
,
that
for
the
future
they
will
not
obey
them
[
*
](A26154-e55410-b)
*
See
their
Protestation
,
Appen
.
Num.
XV.
.
For
which
reason
when
the
year
after
[
*
](A26154-e55440-b)
*
9
E.
2.
1315.
,
Both
these
Writs
went
out
again
,
the
Archbishop
varied
a
little
from
both
in
his
Letters
Mandatory
[
†
](A26154-e55460-b)
†
Dated
15.
Kal.
Jan.
1315.
in
Registro
Reynolds
.
;
for
he
call'd
not
only
those
specify'd
in
the
Praemunitory
Clause
,
but
the
Whole
Clergy
of
his
Province
;
to
appear
,
not
in
Parliament
,
but
before
himself
,
in
a
Sacred
Place
,
the
Day
before
the
Time
prefix'd
by
the
King
's
Writ
:
Nor
does
he
in
his
Mandate
recite
,
or
mention
this
Clause
;
but
refers
himself
to
that
Other
Writ
,
which
the
King
sent
out
at
the
same
time
to
enforce
the
Praemunientes
;
and
mentions
it
,
as
a
Request
[
‖
](A26154-e55540-b)
‖
Cum
nos
Rex
suis
Rogatibus
excitaverit
—
Nos
Regiae
Majestatis
hujusmodi
Precibus
eò
facilius
inclinamur
.
—
only
on
the
Crown-side
,
and
a
Condescension
on
His
;
but
not
as
a
Legal
Command
,
issu'd
by
a
Competent
Authority
.
The
Clergy
thus
conven'd
stood
by
him
in
what
he
had
done
,
and
made
their
Excuse
for
not
appearing
at
the
Place
the
King
directed
;
praying
the
Archbishop
and
his
Suffragans
to
be
instant
with
the
King
,
that
he
would
not
insist
on
his
Summons
,
but
give
them
the
Liberty
of
declining
it
.
So
I
gather
from
a
Petition
of
theirs
(
in
an
Old
Book
in
the
Cotton-Library
[
*
](A26154-e55610-b)
*
Faustin
.
A.
8.
,
said
to
be
made
tempore
Edvardi
2
di
,
without
any
further
Date
;
but
seeming
by
its
Place
in
the
Manuscript
,
and
some
other
Coincidences
to
belong
to
this
year
,
and
to
this
Assembly
.
The
Reader
will
find
it
in
the
Appendix
[
†
](A26154-e55660-b)
†
Numb
.
XV.
.
Whether
they
carried
their
Point
,
at
this
time
,
I
know
not
,
but
soon
after
we
find
,
the
Writ
with
the
Praemunientes
inserted
in
the
Archbishop's
Mandate
[
‖
](A26154-e55680-b)
‖
Vide
Registr.
Henr.
Prioris
,
f.
227.
&
fol.
263.
where
it
appears
that
the
two
Writs
with
the
Praemunientes
of
the
15
E.
2.
&
20
E.
2.
Printed
by
Dugdale
,
(
Pp.
122.136
.
)
were
formally
obey'd
.
,
and
formally
comply'd
with
by
the
Clergy
.
When
the
Procuratoria
were
drawn
,
in
relation
to
the
Praemunientes
alone
,
they
ran
(
as
that
did
)
ad
faciendum
&
consentiendum
,
or
ad
consentiendum
only
:
when
the
Provincial
Summons
went
out
also
,
the
Clergy's
Powers
ran
ad
tractandum
cum
Venerabili
Patre
—
Praelatis
&
Clero
,
necnon
ad
Consentiendum
;
which
answer'd
Both
the
Citations
.
And
sometimes
Double
Instruments
of
Prexy
were
fram'd
both
for
the
Parliament
and
Convocation
,
and
different
Proctors
appointed
for
each
of
'
em
.
And
this
,
I
conceive
,
was
as
often
as
the
Parliament
was
held
out
of
the
Province
,
and
the
Clergy
were
at
the
same
time
to
meet
Provincially
at
home
[
*
](A26154-e55860-b)
*
An
Instance
of
such
a
Double
Procuratorium
is
to
be
seen
in
Registro
Henr.
Prioris
,
fol.
202
,
203.
naming
different
Proctors
to
represent
the
Chapter
of
Canterbury
in
the
Parliament
to
be
held
at
York
,
à
die
Paschae
in
mens●m
,
and
in
the
Convocatio
Cleri
London
in
Quindena
Paschae
.
It
was
in
the
Year
1319.
and
do
business
;
for
they
could
not
then
assemble
with
the
Parliament
,
or
near
it
;
and
sent
their
Proctors
therefore
to
testifie
their
Consent
to
what
should
be
done
in
it
.
And
the
same
thing
I
have
observ'd
to
be
done
sometimes
even
in
that
Province
where
the
Parliament
met
,
if
the
Archbishop
of
it
did
then
solemnly
hold
his
Provincial
Council
:
for
in
this
case
also
different
Proxies
were
return'd
to
these
several
Meetings
[
†
](A26154-e55970-b)
†
An
Instance
of
this
kind
also
I
have
met
with
Ann.
1323
,
when
the
Parliament
was
held
in
die
Purisic
.
and
the
Archbishop's
Provincial
Council
about
the
same
time
:
The
Dean
and
Chapter
of
Lincoln
send
Proctors
to
both
of
them
.
Vide
Registr.
penes
Dec.
&
Cap.
Linc.
ab
Anno
1321
,
ad
1339.
fol.
33.
.
Now
then
,
tho'
the
Praemunientes
was
obey'd
Nationally
,
yet
the
Clergy
that
met
with
the
Parliament
acted
Provincially
,
i.
e.
the
Clergy
of
that
Province
where
the
Parliament
was
held
,
acted
as
a
Synod
conven'd
by
their
Metropolitan
,
and
the
Clergy
of
the
Other
Province
sent
their
Deputies
to
the
Lay-Assemb●y
to
consent
for
them
,
but
tax'd
themselves
,
and
did
all
manner
of
Ecclesiastical
Business
at
home
[
*
](A26154-e56070-b)
*
Thus
in
the
Instance
before
given
An.
1321
,
The
Clergy
of
York
-
Province
,
(
where
the
Parliament
was
held
)
are
only
said
to
have
made
their
Grant
in
Parliament
.
For
a
Writ
(
tested
July
19.
that
Year
)
to
the
Archbishop
of
Canterbury
recites
,
how
in
Parliamento
nostro
ultimò
apud
Eborum
summonito
—
Xa
Cleri
in
Prov.
Ebor.
XVIIIva
.
Bonorum
Mobilium
Communitatis
regni
&
XIIa
.
in
Civitatibus
Burgis
&
Dominicis
nostris
fuerunt
concessae
:
But
the
Clergy
of
Canterbury
-
Province
are
not
said
to
have
granted
in
Parliament
,
tho'
they
met
at
the
same
time
Provincially
,
and
Consented
to
the
Grant
of
a
Tenth
,
which
the
Pope
had
impos'd
upon
them
,
as
the
same
Writ
afterwards
recites
.
See
it
Reg.
Henr.
Pr.
fol.
211.
in
their
Own
Province
.
And
this
was
pitch'd
upon
as
a
Mean
of
complying
with
the
Canons
of
the
Church
,
which
requir'd
frequent
Provincial
Councils
,
and
yet
paying
their
attendance
in
Parliament
:
the
Archbishop's
Mandate
Summon'd
them
to
the
One
,
and
the
Praemunitory
Clause
to
the
other
,
and
Both
were
obey'd
.
Nay
,
so
great
stress
was
laid
on
this
Clause
,
that
when
an
Archbishop
dy'd
[
†
](A26154-e56190-b)
†
There
was
the
same
Reason
for
it
,
when
a
Bishop
dy'd
,
and
therefore
the
Practice
,
I
suppose
,
was
the
same
.
,
after
it
went
out
,
and
before
the
Return
of
it
,
a
New
Summons
was
sent
to
the
Guardian
of
the
Spiritualties
commanding
him
agen
to
warn
the
already
premonish'd
Clergy
;
and
a
particular
Writ
directed
over
and
above
to
the
Dean
and
Chapter
of
the
Cathedral
,
enforcing
that
second
Summons
;
the
Tenor
of
which
Writ
was
,
Nos
Nolentes
per
mortem
praefati
Archiepiscopi
dicta
Mandata
nostra
differri
,
set
ea
potiùs
per
Vos
executioni
debitae
demandari
,
Vobis
Mandamus
,
&c.
I
take
this
to
be
very
material
to
prove
,
how
strictly
the
Praemunientes
was
executed
upon
the
In●erior
Clergy
,
and
obey'd
by
them
;
and
shall
therefore
among
the
Instruments
[
*
](A26154-e56240-b)
*
Append.
Numb
.
XVI
.
Print
it
at
large
,
as
Pryn
[
†
](A26154-e56260-b)
†
Parl.
Wr.
Vol.
1.
Pp.
152
,
153.
has
given
it
us
.
Mr.
Elsyng
[
‖
](A26154-e56280-b)
‖
P.
50.
therefore
makes
this
the
formal
Reason
of
Summoning
the
Guardians
of
the
Spiritualties
,
and
the
Vicars
General
,
when
the
Bishops
of
such
Sees
were
either
dead
,
or
in
Foreign
Parts
,
[
He
might
have
added
also
why
Bishops
Elect
were
Summon'd
before
Confirmation
,
and
even
the
Vicars
General
of
Elect
Bishops
,
when
those
Bishops
were
abroad
]
because
they
were
(
says
he
)
Praemunire
Clericos
,
i.
e.
that
the
Inferior
Clergy
might
be
sure
to
have
their
Summons
.
This
may
have
been
one
Reason
of
that
Practice
,
but
I
do
not
think
it
the
only
one
[
*
](A26154-e56320-b)
*
It
could
not
be
the
Only
one
,
because
long
before
the
Praemunientes
was
inserted
,
the
Custom
was
,
to
Summon
the
Chapters
of
Vacant
Sees
to
Parliament
:
of
which
take
this
Instance
from
M.
Paris
,
who
tells
us
that
in
the
Parliament
of
the
38
H.
3.
there
were
Pr●curatores
t●ium
Sedium
Vacantium
,
ex
parte
scilicet
Capitulorum
.
P.
643.
,
because
it
does
not
account
for
the
Summons
of
Elect
Abbats
also
,
before
their
Installment
;
and
I
doubt
not
therefore
but
this
Custom
had
its
Rise
chiefly
from
the
Double
Capacity
in
which
the
Greater
Clergy
attended
the
Parliament
,
both
as
Spiritual
Prelates
,
and
Barons
of
the
Realm
:
on
which
account
when
they
had
not
a
right
to
a
Summons
as
Barons
,
yet
as
Ecclesiastical
Prelates
,
they
had
.
However
,
They
who
make
this
Supposition
,
make
it
mightily
to
the
advantage
of
the
Lower
Clergy
,
and
suppose
their
Presence
in
Parliament
to
have
been
indispensably
necessary
.
And
thus
stood
the
Clergies
Obligations
in
relation
to
the
Praemunientes
,
throughout
Edward
the
Second's
Reign
.
Edward
the
Third
continu'd
this
Practice
upon
the
very
same
Foot
that
he
found
it
:
the
only
difference
was
,
that
whereas
before
his
Time
the
Praemunientes
was
inserted
,
or
left
out
,
at
the
King's
pleasure
,
in
his
Reign
it
grew
a
constant
and
necessary
part
of
the
Bishop's
Writ
;
so
that
no
Parliament
ever
met
without
one
,
after
his
sixth
year
;
that
is
,
indeed
,
after
the
Compleat
Settlement
of
Parliaments
upon
the
Foot
on
which
they
do
now
,
and
will
,
I
hope
,
for
ever
stand
.
And
this
Observation
alone
is
sufficient
to
shew
,
that
the
Clause
in
the
Bishops
Writ
was
not
grown
Useless
;
for
if
it
had
,
it
would
not
then
have
been
most
regularly
inserted
,
and
have
grown
most
in
request
,
when
its
Use
and
Significancy
(
if
some
Mens
word
were
to
be
taken
)
had
utterly
vanish'd
.
In
the
year
before
it
was
fix'd
,
tho'
there
were
several
Summons
to
Parliament
,
yet
it
was
inserted
but
in
One
of
them
,
and
in
that
One
it
was
obey'd
.
For
the
Records
of
Parliament
tell
us
,
that
upon
a
Debate
,
the
Bishops
and
Proctors
of
the
Clergy
went
by
themselves
[
*
](A26154-e56500-b)
*
Abr.
of
Rec.
p.
11.
.
And
that
These
were
Proctors
of
the
Inferior
Clergy
,
according
to
the
strict
sense
of
the
word
,
and
not
the
Proxies
only
of
Absent
Bishops
,
Abbats
and
Priors
,
(
as
L.
M.
P.
dreams
[
†
](A26154-e56530-b)
†
P.
32.
)
does
from
hence
appear
,
that
in
the
other
Parliaments
of
this
year
,
when
the
Praemunientes
was
not
practis'd
,
no
mention
is
made
of
the
Proctors
of
the
Clergy
;
the
Phrase
then
being
,
that
the
Bishops
went
by
themselves
,
the
Lords
by
themselves
,
and
the
Knights
by
themselves
[
‖
](A26154-e56560-b)
‖
P.
12.
.
Neither
is
there
ever
in
those
Records
any
mention
of
the
Proctors
of
the
Clergy
at
a
Great
Council
,
but
at
Parliaments
only
:
the
reason
of
which
is
,
that
Parliament-Writs
only
had
the
Praemunientes
in
them
,
but
the
Summons
for
Great
Councils
had
not
.
And
now
therefore
the
Clergies
Returns
for
the
Parliament
are
frequently
to
be
met
with
in
our
Old
Registers
,
Parliaments
themselves
being
frequent
.
If
in
the
succeeding
Reigns
we
find
not
so
many
of
these
Procuratoria
on
Record
,
it
is
not
to
be
wonder'd
at
:
for
the
Archbishop's
Writ
,
which
went
out
concurrently
with
the
Praemunientes
,
being
understood
to
be
a
Summons
to
Parliament
(
which
it
was
in
Effect
,
tho'
not
in
Terms
)
and
being
strictly
executed
upon
the
Inferior
Clergy
,
might
in
time
bring
on
a
Disuse
of
the
Forms
practis'd
in
Executing
the
Other
.
The
Bishops
,
through
whose
Hands
both
the
Parliamentary
and
Provincial
Summons
came
,
might
sometimes
,
either
by
the
Neglect
of
their
Officers
[
*
](A26154-e56640-b)
*
To
this
Neglect
of
their
Officers
that
Clause
seems
to
have
refer'd
▪
which
was
an
usual
part
of
the
King
's
Writ
to
the
Archbishop
in
E.
2.
&
3ds
time
,
Nos
nolentes
negotia
nostra
pro
defectu
Praemunitionum
antedictarum
,
si
forsan
minùs
ritè
factae
fuerint
,
aliqualiter
retardari
.
,
or
as
thinking
it
sufficient
,
transmit
the
first
of
them
only
;
or
,
if
Both
were
transmitted
,
might
wink
at
the
Clergies
Omission
in
making
their
Return
but
to
the
One
:
as
not
being
unwilling
to
sooth
up
the
Lower
Orders
in
their
Averseness
to
comply
with
a
Lay-Summons
;
because
that
sensibly
encreas'd
the
Greatness
and
Power
of
the
Parliament
Prelates
;
and
by
degrees
brought
the
Clergies
Interest
in
State-matters
all
into
their
Hands
.
Besides
oftentimes
,
when
the
Bishop
executed
the
Praemunientes
,
and
the
Clergy
certify'd
upon
it
,
yet
no
notice
might
be
taken
in
our
Registers
of
Forms
which
return'd
so
very
frequently
,
and
which
were
not
stood
much
upon
,
while
the
Provincial
Mandate
,
that
went
out
on
the
same
Occasion
had
its
certain
and
Regular
Course
.
These
and
several
other
Accidents
might
,
I
say
,
conspire
to
make
the
Entry
of
such
Procuratoria
in
Chapter-Books
less
frequent
in
after-times
:
however
neither
are
they
sow'd
so
thinly
there
,
but
that
we
can
make
a
shift
from
the
Helps
of
this
kind
that
are
left
to
continue
the
Succession
of
them
down
from
the
22
E.
1.
to
the
Latter
End
of
Henry
the
Seventh's
Reign
,
as
low
as
whose
19
th
.
year
[
*
](A26154-e56730-b)
*
Anno
1503.
I
have
seen
a
Deputation
[
†
](A26154-e56740-b)
†
See
App.
Num.
XI
.
made
to
a
Monk
,
to
represent
a
Capitular
Body
in
Parliament
;
and
that
,
drawn
up
in
such
a
manner
,
as
to
be
at
once
a
Joint-Proxy
both
for
the
Parliament
and
Convocation
.
I
question
not
,
but
that
there
are
more
of
a
Lower
Date
(
tho'
I
have
not
had
Opportunity
,
or
Leisure
to
search
for
them
)
for
I
find
that
the
Praemunientes
was
executed
in
form
,
as
low
as
the
33
d
and
36
th
.
years
of
Henry
the
Eighth
[
‖
](A26154-e56800-b)
‖
See
Registr.
Bonner
.
fol.
33
,
65.
;
and
Returns
therefore
were
for
some
part
of
his
Reign
very
probably
made
to
it
.
Not
many
years
after
this
,
the
Custom
of
returning
Proxies
to
Parliament
in
Form
,
did
,
I
believe
,
cease
:
and
if
a
Conjecture
may
be
allow'd
in
a
matter
of
this
nature
,
where
with
some
care
and
search
one
might
be
certain
,
I
should
choose
to
fix
the
Time
of
this
Total
Disuse
,
not
far
off
of
the
6
th
.
or
7
th
.
of
Henry
the
Eighth
,
when
the
Disputes
between
the
Spiritualty
and
Temporalty
about
the
Exemption
of
Clerks
,
growing
loud
and
warm
,
and
the
Clergy
with
an
high
hand
asserting
their
Priviledges
,
might
take
up
thoughts
of
setting
themselves
free
also
in
another
Instance
than
that
which
they
contended
about
,
and
agree
generally
to
frame
no
more
Instruments
of
Proxy
in
Obedience
to
the
Lay-Summons
.
And
this
Guess
of
mine
falls
in
well
enough
with
the
Tradition
my
Lord
of
Sarum
mentions
as
prevailing
in
Queen
Elizabeth's
time
,
that
the
Inferior
Clergy
departed
from
their
Right
of
being
in
the
House
of
Commons
,
when
they
were
all
brought
under
a
Praemunire
in
Cardinal
Wolsey
's
time
[
*
](A26154-e56920-b)
*
Hist.
Ref.
Vol.
2.
p.
48.
;
if
we
understand
this
of
the
first
Premunire
they
fell
into
upon
the
Citation
of
Standish
,
and
not
(
as
his
Lordship
does
)
of
that
from
which
they
ransom'd
themselves
by
a
Tax
and
a
Submission
,
fourteen
years
afterwards
;
and
if
by
departing
from
their
Right
of
being
in
the
House
of
Commons
we
do
,
as
we
must
,
suppose
his
Lordship
to
mean
,
that
they
declin'd
sending
up
those
Deputations
to
Parliament
,
which
manifested
their
Antient
Right
of
sitting
in
it
,
and
being
part
of
it
.
For
there
could
not
possibly
be
any
Tradition
in
Queen
Elizabeth's
time
of
the
Inferior
Clergy's
sitting
in
the
House
of
Commons
,
in
the
middle
of
Henry
the
Eighth's
Reign
,
because
there
were
probably
many
Persons
then
alive
,
who
remember'd
the
contrary
,
and
there
were
certainly
some
who
understood
the
Old
Constitution
of
Parliaments
well
enough
to
contradict
so
absurd
an
Opinion
,
and
prevent
its
spreading
:
a
very
small
degree
of
skill
in
our
English
Antiquities
sufficing
to
have
inform'd
'em
that
the
Lower
Clerks
had
no
place
in
the
House
of
Commons
,
not
only
at
the
Period
assign'd
,
but
for
an
hundred
years
before
it
.
The
truth
is
,
I
am
the
worse
satisfy'd
with
this
Guess
of
mine
,
because
I
do
not
find
what
Ground
his
Lordship
had
to
say
,
that
there
was
in
Queen
Elizabeth
●s
time
,
such
a
Tradition
.
For
he
seems
to
have
taken
up
this
Opinion
from
the
fourth
Article
of
Bishop
Ravis's
Paper
[
*
](A26154-e57030-b)
*
See
it
Coll.
of
Rec.
Vol.
2.
p.
121.
which
he
there
quotes
:
whereas
I
must
take
the
Liberty
to
say
,
that
his
Lordship
misunderstood
that
Article
,
if
he
thought
it
related
to
any
thing
done
in
Henry
the
Eighth's
Reign
.
For
the
Separation
there
spoken
of
is
plainly
of
antient
Date
,
and
refers
(
as
there
is
good
reason
to
think
)
to
the
Times
of
Edward
the
First
,
and
Archbishop
Winchelsey
.
But
whatever
was
the
precise
time
at
which
the
Clergy
desisted
wholly
to
make
their
Returns
to
the
Bishops
Writ
,
it
is
certain
they
did
not
think
,
that
upon
that
failure
the
Effect
and
Influence
of
the
Praemunitory
Clause
ceas'd
,
but
look'd
upon
themselves
as
still
Summon'd
by
it
,
and
meeting
in
vertue
of
it
,
in
their
Parliamentary
Assemblies
.
Of
this
their
Remonstrance
in
Queen
Elizabeth's
Reign
,
is
a
Solemn
and
Authentick
Proof
;
the
words
of
it
have
been
produc'd
already
,
Page
66.
of
these
Papers
,
and
thither
I
shall
refer
the
Reader
.
If
after
this
we
hear
of
no
Formal
Claim
made
by
the
Church
in
this
case
,
it
was
because
there
was
no
need
of
it
;
Common
Opinion
,
and
Common
Practice
being
all
along
of
her
side
;
and
no
Instance
to
be
given
of
a
New
Parliament
Summon'd
,
without
a
Convocation
to
attend
it
,
from
the
Times
of
the
Reformation
,
till
some
years
after
the
late
Revolution
.
And
no
wonder
therefore
that
a
Claim
was
not
frequently
put
in
,
which
was
never
till
lately
deny'd
,
or
disputed
.
Thus
have
I
given
the
Reader
some
account
of
the
Praemunientes
,
its
Rise
,
and
Use
,
and
of
the
Methods
which
all
along
have
been
taken
by
the
Bishops
in
Executing
it
,
and
by
the
Lower
Clergy
in
obeying
it
.
An
imperfect
Account
indeed
!
however
such
an
one
,
as
does
,
I
am
sure
,
sufficiently
expose
the
Letter-writers
pretence
[
†
](A26154-e57130-b)
†
P.
32.
,
that
it
was
a
Clause
added
only
upon
a
Particular
Occasion
,
and
continu'd
after
the
Business
was
determin'd
,
and
has
stood
in
the
Bishops
Writ
these
300.
years
without
any
manner
of
Use.
Assertions
that
,
I
might
by
this
time
be
allow'd
to
tell
him
,
could
flow
from
nothing
but
the
Depth
of
Ignorance
or
ill
will
to
the
Function
,
were
I
not
restrain'd
by
considering
whence
[
*
](A26154-e57160-b)
*
Hist.
Ref.
Vol.
2.
p.
48.
it
is
that
he
borrows
his
Light
,
and
Who
therefore
would
be
understood
to
share
the
Reflection
.
Indeed
strange
it
is
,
that
any
Man
in
the
least
vers'd
in
our
Antiquities
should
doubt
,
whether
the
Clergy
came
to
Parliament
by
the
Praemunientes
;
and
stranger
still
that
he
should
imagin
that
Clause
to
have
been
preserv'd
in
the
Writ
by
Accident
,
after
its
first
Insertion
,
and
think
to
account
for
this
merely
by
the
neglect
of
a
Clark
[
‖
](A26154-e57200-b)
‖
Ibid.
.
A
neglect
,
that
must
have
continu'd
now
for
above
four
hundred
years
;
and
yet
could
not
possibly
have
continu'd
One
,
if
it
were
a
neglect
,
without
being
observ'd
,
and
amended
.
No
Forms
were
more
nicely
worded
,
or
more
Religiously
kept
to
,
in
the
main
Frame
and
Substance
of
them
,
than
Writs
of
Summons
to
Parliament
.
After
they
first
issu'd
out
,
they
receiv'd
not
any
the
minutest
Alteration
but
by
the
Command
of
the
Prince
,
signify'd
by
his
Chancellor
;
and
after
they
were
fully
fix'd
,
not
any
that
was
Material
,
but
by
Consent
of
Parliament
.
How
many
Ordinances
of
Parliament
were
there
in
Later
Times
for
the
several
Successive
Changes
in
the
Writs
for
Electing
the
Commons
?
Particularly
that
New
Circumstance
,
that
the
Knights
should
be
girded
with
Swords
[
*
](A26154-e57220-b)
*
Gladiis
cincti
.
,
and
the
Clause
of
Nolumus
autem
quod
Tu
,
nec
alius
Vicecomes
,
&c.
inserted
in
the
13
th
.
and
46
th
.
of
E.
3.
had
they
not
the
Authority
of
the
three
Estates
to
warrant
them
?
And
when
afterwards
Richard
▪
the
Second
added
to
the
Commons
Writs
this
Particular
,
that
the
Persons
return'd
should
be
in
Debatis
Modernis
Indifferentes
[
†
](A26154-e57290-b)
†
Cl.
11.
R.
2.
m.
23.
dors.
See
Pryn.
P.
W.
Vol.
2.
p.
121.
,
was
he
not
forc'd
to
retract
it
immediately
,
and
issue
out
New
Writs
in
the
Old
Form
before
the
Session
came
on
?
When
Edward
the
Third
in
the
fourteenth
of
his
Reign
,
made
an
Addition
to
his
Regal
Titles
in
the
Writs
of
that
year
,
he
excus'd
his
so
doing
in
the
Writs
themselves
[
‖
](A26154-e57320-b)
‖
See
●em
Pryn.
Par.
Wr.
Vol.
1
p.
5.
,
and
referr'd
himself
to
what
the
Parliament
,
when
met
,
should
order
in
that
matter
.
And
in
the
first
of
Queen
Elizabeth
there
was
,
we
know
,
a
warm
dispute
,
whether
the
Omission
of
the
Title
of
Supreme
Head
in
the
Writs
of
Summons
(
tho'
it
had
not
been
then
practis'd
thirty
years
)
did
not
null
the
Proceedings
of
those
Parliaments
where
it
was
wanting
[
‖
](A26154-e57360-b)
‖
Sir
Symonds
d'●wes
,
p.
38.
.
At
such
times
as
these
,
when
the
Parliament
appears
to
have
been
so
jealous
of
any
Alterations
in
these
Forms
,
can
we
imagin
that
the
Praemunitory
Clause
,
had
it
been
kept
in
by
the
neglect
of
a
Clerk
,
would
not
have
been
retrench'd
?
They
that
can
suppose
this
,
may
as
reasonably
suppose
also
,
that
some
have
grown
Barons
by
Writ
by
the
Neglect
of
a
Clark
,
who
finding
them
Summon'd
once
or
twice
to
Parliament
,
continu'd
to
Summon
them
on
,
without
the
Prince's
Privity
or
Consent
,
and
so
made
them
Lords
of
Parliament
.
For
if
the
Neglect
of
a
Clark
can
account
for
any
Material
Clause
or
Part
of
a
Writ
,
it
may
as
well
account
for
an
Whole
one
.
'T
will
be
a
more
reasonable
way
of
applying
this
Supposition
,
and
more
honourable
to
the
Maker
of
it
,
to
suppose
,
as
I
am
willing
to
do
,
that
the
Passage
which
contains
it
,
was
a
part
only
of
the
Rude
Draught
of
his
Lordship's
Work
,
and
expung'd
by
him
upon
a
Review
,
but
kept
in
by
the
Neglect
of
the
Transcriber
;
Lett.
to
Bp.
of
Cov.
&
Litch
.
in
1693.
upon
whom
I
find
his
Lordship
lays
very
great
Blame
:
And
indeed
,
if
he
stands
answerable
for
All
the
Neglects
that
are
,
and
may
be
charg'd
,
I
think
,
very
deservedly
.
But
should
many
mistakes
of
this
kind
be
found
in
that
Celebrated
Work
,
yet
would
they
receive
an
Easie
Excuse
.
The
Composer
of
it
,
having
his
Thoughts
busied
chiefly
in
that
Period
of
Time
to
which
his
History
reaches
,
might
,
when
he
steps
backward
,
and
takes
a
greater
Compass
,
over-look
Truths
sometimes
that
lay
hid
in
our
Elder
Records
,
where
his
Lordship
had
not
leisure
to
search
for
them
.
If
the
Main
Facts
he
professes
to
relate
,
and
the
Colours
he
gives
to
those
Facts
are
right
;
if
there
be
no
premeditated
Omissions
,
or
Disguises
of
Material
Truths
;
no
Design'd
Complyances
with
Popular
Mistakes
and
Prejudices
;
if
that
Air
of
Impartiality
which
at
first
sight
seems
to
run
through
the
Relation
be
undissembled
,
and
not
only
a
more
Artificial
Way
of
conveying
false
Principles
and
Characters
into
the
mind
of
the
Reader
:
if
,
I
say
,
in
These
,
which
are
the
most
Essential
Vertues
and
Beauties
of
good
History
,
his
Lordship's
Labours
will
bear
the
Test
(
which
his
Lordship's
Friends
do
not
much
doubt
)
—
tho'
it
should
after
this
be
granted
,
that
Mistakes
of
a
Lesser
Size
and
Importance
aboun●
there
without
number
,
and
particularly
,
that
the
Digressive
Part
of
the
Book
has
little
of
Exactness
in
it
;
this
would
not
however
sink
the
Reputation
of
the
Work
:
it
is
what
,
considering
the
Hast
of
the
Composure
,
is
not
to
be
wonder'd
at
,
and
may
easily
be
excus'd
.
All
that
One
could
have
wish'd
in
the
Case
is
,
that
where
Light
on
these
,
and
such
other
Accounts
as
these
was
wanting
,
and
Mistakes
therefore
were
necessary
,
his
Lordship
had
been
so
happy
as
to
have
mistaken
always
on
the
Side
,
and
to
the
Advantage
of
the
Clergy
;
which
,
some
Readers
will
tell
us
▪
his
Lordship
has
not
always
done
.
But
let
this
be
as
it
will
—
The
Plea
here
advanc'd
in
behalf
of
that
Eminent
Historian
cannot
be
made
use
of
to
excuse
our
Letter-Writer
,
who
has
no
manner
of
Title
to
it
.
It
was
His
Chief
Business
to
have
consider'd
with
care
the
Rise
of
the
Praemunientes
,
and
the
Reasons
of
its
continuance
,
the
Obligation
it
was
all
along
understood
to
lay
on
the
Inferior
Clergy
,
and
their
Methods
of
complying
with
it
;
this
being
one
Great
Article
upon
which
the
Dispute
,
that
he
was
so
willing
to
thrust
himself
into
,
turn'd
.
And
his
Ignorance
therefore
of
every
thing
that
relates
to
it
is
inexcusable
;
but
his
Confidence
,
under
so
Gross
a
degree
of
Ignorance
yet
more
inexcusable
.
For
these
are
his
Peremptory
Words
—
That
the
Clergy
were
ever
a
part
of
the
Parliament
,
or
sate
in
it
,
is
very
uncertain
;
the
Affirmative
being
supported
only
by
Conjectures
,
without
any
Record
or
Authentick
Memorial
to
maintain
it
[
*
](A26154-e57500-b)
*
P.
31.
.
Words
,
which
no
Learned
Man
could
ever
have
said
,
and
no
Wise
Man
,
conscious
of
his
want
of
Skill
in
this
point
,
would
ever
have
ventur'd
to
say
.
But
it
seems
neither
of
these
Qualities
hinder'd
our
Letter-writer
from
falling
into
them
,
and
by
that
means
affording
us
a
clearer
Proof
of
his
own
utter
Unfitness
to
meddle
in
this
Argument
,
than
he
has
given
of
any
One
Point
besides
that
he
pretends
to
maintain
.
For
it
is
certain
(
as
certain
as
that
these
Words
were
thrown
out
by
this
Gentleman
at
Random
)
that
the
Inferior
Clergy
were
a
part
of
the
Parliament
,
were
Summon'd
,
and
repair'd
to
it
as
such
,
and
as
such
sat
in
it
,
both
when
the
Praemunientes
first
went
out
,
and
many
years
afterwards
—
sat
in
it
,
I
say
;
not
under
the
same
Roof
,
indeed
,
with
the
Laity
(
I
mean
not
Ordinarily
)
;
but
asunder
,
as
a
separate
State
;
and
as
the
Lords
now
sit
(
and
even
then
,
for
the
Greater
part
of
this
Period
,
sat
)
asunder
from
the
Commons
.
And
he
who
makes
this
matter
of
Conjecture
,
and
pronounces
it
Uncertain
,
puts
it
beyond
a
Conjecture
,
how
far
in
things
of
this
kind
,
his
word
is
to
be
taken
.
I
have
shewn
him
,
that
there
are
many
Unquestionable
Records
,
and
Authentick
Memorials
yet
left
(
some
Printed
,
but
more
in
Manuscript
)
which
prove
the
Clergy
to
have
been
once
in
the
strictest
sense
of
the
word
,
a
Member
of
Parliament
:
and
if
the
Church
part
of
these
Records
lay
out
of
his
way
(
tho'
they
were
as
open
to
Him
,
I
dare
say
,
as
they
were
to
me
)
yet
as
a
Lawyer
,
methinks
,
he
should
have
had
some
Acquaintance
with
Ryley's
Placita
Parliamentaria
.
As
for
Dr.
Wake
,
he
resolves
to
be
as
little
out
as
he
can
on
this
Head
,
and
therefore
wisely
says
nothing
of
it
.
For
from
the
Beginning
to
the
End
of
his
Book
you
shall
not
find
a
word
to
inform
us
,
how
the
Praemunientes
,
after
its
first
Insertion
,
was
executed
upon
the
Inferior
Clergy
,
and
obey'd
by
them
.
He
seems
indeed
to
be
of
Opinion
,
that
the
Clergy
were
a
Part
of
Parliament
,
in
Edward
the
Third
,
and
Richard
the
Second's
Reigns
;
and
he
means
,
I
suppose
,
that
they
were
a
Part
of
it
,
as
Summon'd
thither
by
the
Praemunientes
,
tho●
he
does
not
say
so
.
However
,
that
the
Vertue
of
that
Clause
has
long
since
ceas'd
,
so
that
it
is
now
become
utterly
useless
,
in
That
he
is
positive
[
*
](A26154-e57660-b)
*
Pp.
213
,
214.
:
and
modestly
therefore
proposes
a
Retrenchment
of
i●
from
the
Bishop's
Writ
;
thinking
it
advisable
to
reduce
that
Writ
to
its
first
Form
,
when
the
Proctors
of
the
Clergy
not
coming
,
neither
were
they
Summon'd
to
Parliament
[
†
](A26154-e57680-b)
†
P.
253.
.
A
very
free
piece
of
Advice
indeed
!
which
not
only
his
Order
,
but
the
Great
Council
of
the
Realm
have
reason
to
thank
him
for
!
Who
for
some
hundred
years
have
been
under
the
Mistake
of
thinking
this
Clause
an
Essential
Part
of
the
Writ
,
till
their
Eyes
were
open'd
at
last
by
this
Wise
Observer
!
While
our
Constitution
was
unsetled
,
these
Writs
were
so
too
;
but
they
are
now
as
Immovable
as
That
.
Let
them
have
been
Letters
of
Grace
,
or
Badges
of
Duty
at
first
,
they
have
since
grown
to
be
Charters
of
Right
and
Priviledge
by
long
Use
and
Continuance
.
The
King
,
Lords
and
Commons
indeed
may
alter
them
,
if
they
please
,
(
for
they
may
do
any
thing
)
;
but
I
humbly
suppose
that
no
One
Part
of
the
Constitution
can
do
it
without
the
Other
.
Some
of
our
Princes
indeed
have
attempted
to
make
some
slight
Changes
in
them
;
but
scarce
sooner
entred
on
the
Attempt
,
than
they
disclaim'd
it
.
Had
Dr.
Wake
known
in
the
least
,
how
Sacred
those
Forms
are
held
by
our
Law
,
and
of
how
great
Importance
it
is
to
the
Constitution
to
preserve
them
,
he
would
never
have
dar'd
to
recommend
such
an
Alteration
as
this
;
but
Ignorance
is
fearless
!
We
may
see
here
,
how
the
Love
of
Alterations
creeps
upon
a
Man
,
and
how
far
in
time
it
may
carry
him
;
from
mending
the
Model
of
the
Church
(
which
was
the
work
Ten
years
ago
)
to
the
Improving
that
of
the
State
:
without
considering
,
that
the
One
of
these
may
be
tamper'd
with
,
and
practis'd
upon
more
easily
than
the
other
,
and
more
securely
.
When
such
Bold
Proposals
as
these
come
from
Private
Unauthoriz'd
Hands
,
they
deserve
a
Publick
Censure
;
and
,
(
because
I
am
for
every
thing
's
having
what
it
deserves
)
I
hope
,
will
find
it
.
Dr.
Wake
it
seems
,
does
not
understand
to
what
purpose
this
Clause
is
retain'd
in
the
Writ
,
and
proposes
therefore
a
Retrenchment
of
it
.
An
hard
Case
this
,
that
the
Writ
should
be
alter'd
,
because
he
does
not
understand
it
!
for
at
this
rate
,
what
Old
Forms
are
secure
?
I
have
endeavour'd
however
to
help
his
Understanding
a
little
,
and
to
shew
him
,
that
it
is
retain'd
there
to
very
good
Purpose
;
that
it
declares
the
King's
Right
of
Summoning
the
Clergy
to
attend
his
Parliaments
in
Body
,
the
Lords
and
Commons
Right
of
being
thus
attended
,
and
the
Clergy's
Right
also
to
be
Summon'd
,
and
to
attend
accordingly
.
And
that
These
are
very
great
and
weighty
reasons
for
keeping
it
there
,
appears
from
what
has
hapned
already
,
and
may
happen
hereafter
.
The
Time
is
now
come
when
the
Clergy
find
themselves
oblig'd
to
put
in
their
Claim
to
a
Parliamentary
Attendance
,
because
it
is
disputed
:
and
according
to
the
Natural
Vicissitudes
of
things
,
a
Time
may
possibly
come
,
when
the
Crown
,
or
the
Lords
and
Commons
shall
want
the
Parliamentary
Attendance
of
the
Clergy
,
and
be
willing
to
claim
it
.
Equal
Provision
is
made
against
each
of
these
Inconveniences
,
by
continuing
the
Praemunitory
Clause
in
the
Bishops
Summons
:
where
,
I
hope
,
it
will
ever
continue
▪
even
tho'
a
Sett
of
Future
Bishops
should
arise
(
which
God
forbid
)
that
would
be
contented
to
be
Summon'd
without
it
;
as
not
considering
,
that
it
is
as
much
Their
Interest
,
as
the
Inferior
Clergy's
,
●o
keep
this
Form
whole
and
intire
,
and
that
if
the
one
part
of
the
Writ
goes
,
the
other
may
not
stay
long
behind
it
.
Were
this
Alteration
at
any
time
to
take
place
,
it
had
been
well
for
Dr.
Wake
that
it
had
hapned
,
before
he
wrote
his
Book
;
for
then
,
had
the
Clause
been
left
out
of
the
Writ
,
he
might
have
left
it
out
of
his
Appendix
too
,
and
by
that
means
sav'd
himself
the
shame
of
those
Childish
Mistakes
which
he
has
committed
in
Reciting
it
;
and
which
shall
in
due
Time
and
Place
be
made
known
[
*
](A26154-e57870-b)
*
See
p.
427
,
8
,
9.
of
these
Papers
.
.
Nothing
could
have
taken
off
from
the
Extravagantness
of
Dr.
Wake
's
Proposal
,
but
as
wild
an
Assertion
of
a
certain
Acquaintance
of
his
,
who
is
not
afraid
to
tell
us
,
that
Parliamentary
Writs
prove
●othing
of
the
Constitution
[
*
](A26154-e57930-b)
*
L.
M.
P.
p.
32.
;
and
this
in
words
at
length
,
and
not
in
Figures
!
A
Glorious
Maxim●
which
the
Lords
and
Commons
at
Oxford
knew
nothing
of
,
who
declare
that
the
Writs
of
Summons
are
the
Foundation
of
All
[
Parliamentary
]
Power
[
†
](A26154-e57960-b)
†
Declaration
of
the
Treaty
,
p.
15.
.
I
shall
say
not
one
word
to
disprove
it
;
for
Parliamentary
Writs
and
Constitutions
are
able
to
take
care
of
themselves
.
Only
I
cannot
but
observe
how
wise
a
way
he
has
taken
of
making
this
Maxim
good
:
For
(
continues
he
)
a
Writ
of
Summons
in
the
Time
of
Edward
the
First
upon
occasion
of
War
with
France
,
had
〈◊〉
Chiuse
,
[
Q●●d
omnes
tangit
ab
omnibus
approbetur
.
]
And
it
may
with
as
much
reason
be
concluded
from
that
Writ
,
that
the
King
cannot
make
War
without
the
Approbation
of
his
Parliament
,
〈◊〉
from
the
Present
Writ
that
he
cannot
hold
a
Parliament
,
without
calling
the
Clergy
to
it
.
That
is
,
the
King
's
known
Prerogative
may
with
as
much
reason
be
barr'd
by
an
Expression
once
inserted
in
the
Preamble
of
a
Writ
,
as
the
Clergy's
Right
and
Priviledge
can
be
grounded
upon
a
Clause
in
the
Body
of
a
Writ
,
which
has
stood
there
for
above
four
hundred
years
.
What
a
wonderful
way
of
arguing
is
this
?
how
can
we
choose
but
surrender
upon
such
Proofs
,
as
soon
as
they
are
produc'd
?
Dr.
Wake
,
I
remember
,
has
an
Axiom
,
that
Logick
is
one
thing
,
and
Law
another
[
‖
](A26154-e58070-b)
‖
P.
252.
,
(
which
,
by
the
by
,
is
all
he
knows
of
either
)
.
And
I
must
needs
say
,
that
I
never
in
my
life
met
with
a
better
Instance
of
the
Truth
of
that
Axiom
,
than
in
this
Gentleman
's
Law-Reasonings
.
Thus
far
of
the
Inferior
Clergy's
Summons
to
Parliament
by
the
Clause
in
the
Bishops
Writ
;
the
Rise
,
Nature
,
and
Force
of
which
I
have
fully
explain'd
,
and
pro●'d
that
it
is
not
even
at
this
time
so
insignificant
a
Form
,
as
we
are
made
to
believe
;
much
more
,
that
it
has
not
been
so
now
for
some
Hundreds
of
years
.
But
there
is
also
another
Summons
of
the
Clergy
;
tho'
not
to
Parliament
,
yet
to
meet
in
Parliament-time
,
under
the
Two
Archbishops
,
in
their
several
Provinces
.
And
This
too
has
been
regularly
issu'd
out
,
as
often
as
a
New
Parliament
was
call'd
from
the
Latter
End
of
Edward
the
Second
till
now
,
with
Few
Exceptions
to
the
contrary
;
and
with
None
,
from
the
first
Dawn
of
the
Reformation
in
Henry
the
Eighth's
Reign
,
down
to
this
present
.
And
from
this
Antient
Custom
(
as
Antient
as
the
Compleat
Settlement
of
our
Constitution
)
the
Clergy
think
themselves
intitled
to
be
Summon'd
,
to
assemble
,
and
to
sit
Provincially
,
when
ever
a
New
Parliament
meets
.
But
here
it
is
objected
,
that
the
King
's
Writ
to
the
Two
Archbishops
to
call
the
Clergy
of
their
Provinces
together
has
no
relation
to
the
calling
of
a
Parliament
,
nor
does
so
much
as
mention
it
[
*
](A26154-e58180-b)
*
L.
M.
P.
p.
29
,
30.
,
that
a
Convocation
is
not
in
its
Nature
and
Constitution
at
all
dependent
upon
a
Parliament
;
that
its
Summons
is
distinct
from
that
of
a
Parliament
,
and
so
is
its
Dissolution
:
and
,
admitting
therefore
that
the
Clergy
ought
to
be
call'd
to
Parliament
(
which
is
all
that
can
be
inferr'd
from
the
Bishops
Writ
)
,
yet
doth
it
not
follow
therefore
that
the
Convocation
ought
to
be
Summon'd
,
when
the
Parliament
meets
;
for
that
is
plainly
a
Distinct
Assembly
,
and
Summon'd
by
a
Distinct
Writ
[
*
](A26154-e58210-b)
*
P.
32.
.
And
much
to
the
same
purpose
Dr.
Wake
,
p.
226.
(
284.
)
and
elsewhere
,
has
stated
the
matter
.
I
think
this
needs
no
Answer
,
but
what
it
has
already
receiv'd
.
For
allowing
the
Objection
in
its
full
force
,
yet
since
Custom
is
the
Law
of
Parliaments
,
and
it
has
perpetually
been
the
Custom
to
issue
out
these
Writs
to
the
Archbishops
,
whenever
Writs
went
out
for
the
Parliament
;
it
is
certain
that
the
Clergy
have
a
Right
to
these
Provincial
Assemblies
in
Parliament
time
,
on
the
account
of
this
Antient
Prescription
,
tho'
the
Convocation-Writ
it self
should
neither
mention
a
Parliament
,
or
any
ways
refer
to
it
.
For
if
a
Custom
of
three
or
four
hundred
years
standing
,
will
not
create
a
Right
,
I
know
not
what
will
.
However
,
that
I
may
not
seem
to
neglect
any
thing
that
has
the
Look
of
an
Objection
,
I
will
give
a
further
and
more
distinct
Answer
to
it
;
going
on
(
as
I
propos'd
)
in
the
2
d
Place
to
shew
,
that
the
Writs
to
the
Two
Archbishops
to
convene
the
Clergy
of
their
Provinces
,
tho'
they
do
not
expresly
mention
a
Parliament
,
yet
have
an
Immediate
Reference
to
it
;
the
Original
Design
of
their
Issuing
out
together
with
the
Bishops
Writ
being
only
to
secure
an
Obedience
to
the
Praemunitory
Clause
,
and
to
make
the
Clergy's
Parliamentary
Assemblies
more
Full
and
Certain
.
This
is
so
Indubitably
true
,
and
so
capable
of
being
made
out
clearly
from
the
Elder
Convocation-Writs
yet
remaining
,
that
had
Dr.
Wake
,
or
the
Letter-Writer
seen
any
one
of
them
they
would
have
foreborn
starting
this
Objection
,
for
very
fear
of
receiving
the
true
Answer
to
it
;
than
which
nothing
can
more
expose
the
Weakness
of
that
Cause
they
plead
for
,
or
of
the
Arguments
they
bring
to
maintain
it
.
The
Case
was
truly
thus
—
From
the
time
that
the
Praemunientes
was
first
gra●ted
into
the
Bishops
Writ
,
the
Popish
Clergy
,
who
out
of
a
false
Policy
studied
all
ways
of
dividing
themselves
from
the
Laiety
,
were
,
as
I
have
said
,
very
uneasie
under
it
,
and
cast
about
how
to
evade
it
.
When
it
went
out
therefore
in
the
33
Edw.
1.
Archbishop
Winchelsey
took
this
way
of
salving
in
some
measure
the
pretended
Priviledges
of
the
Clergy
,
without
disobeying
it
[
*
](A26154-e58330-b)
*
See
Append
.
Numb
.
XIV
(c)
.
.
In
his
Letter
to
the
Prior
and
Chapter
of
Canterbury
,
he
recites
not
the
whole
Summons
sent
him
by
the
King
,
but
the
substance
only
of
the
Warning
Clause
,
and
then
commands
them
(
as
he
did
I
suppose
the
Clergy
of
his
Diocese
by
the
Archdeacon
,
and
all
the
rest
of
his
Province
by
the
Dean
of
it
,
the
Bishop
of
London
)
to
appear
before
himself
at
Lambeth
,
a
Day
or
two
earlier
than
the
Parliament
was
to
meet
,
in
order
to
treat
with
Him
,
(
as
a
Provincial
Council
)
and
to
do
afterwards
in
Parliament
what
the
Holy
Canons
of
the
Church
should
allow
of
.
A
weak
Government
succeeding
,
the
Rigor
of
this
Clause
was
so
far
relax'd
,
that
tho'
the
King
still
kept
it
in
his
Writs
,
yet
was
he
forc'd
(
as
I
have
observ'd
)
to
call
the
Archbishop
to
his
help
,
in
order
to
get
it
obey'd
;
and
to
comply
with
the
Clergy
so
far
as
to
let
the
Provincial
go
out
hand
in
hand
with
the
Parliamentary
Summons
;
accepting
their
Obedience
to
the
One
,
as
a
Constructive
Obedience
to
the
Other
;
upon
Condition
,
that
the
Forms
should
still
be
kept
up
,
that
Execution
should
be
duly
made
of
the
Praemunientes
,
and
Letters
of
Proxy
sent
up
and
Register'd
,
as
often
as
it
went
out
.
And
these
Acknowledgments
being
pay'd
,
they
were
allow'd
to
meet
,
and
do
all
manner
of
Business
in
their
Provincial
Assemblies
,
according
to
the
Tenor
of
the
Archbishops
Summons
▪
This
I
apprehend
to
have
been
the
Method
of
obeying
Both
Writs
,
which
was
then
pitched
upon
,
and
afterwards
obtain'd
.
The
first
Instance
of
this
kind
,
wherein
I
remember
such
a
Double
Writ
to
have
been
plainly
practis'd
,
is
8
Edw.
2.
In
which
year
it
went
out
twice
for
Two
several
Parliaments
.
The
Tenor
of
it
was
,
that
whereas
the
King
had
Summon'd
a
Parliament
to
such
a
Time
and
Place
,
he
did
r●gando
mandare
the
Archbishop
Then
and
There
to
convene
such
of
the
Clergy
of
his
Province
,
as
He
and
the
Bishops
were
by
Distinct
Writs
order'd
to
premonish
;
It
was
rested
the
same
day
with
the
Ordinary
Bishops
Writ
,
and
transmitted
at
the
same
time
with
it
to
the
Archbishop
.
In
the
14
Edw.
2.
(
if
not
sooner
)
it
receiv'd
some
Alteration
;
for
the
Preamble
of
it
recited
the
Bishops
Writ
with
the
Clause
Praemunientes
intirely
,
[
*
](A26154-e58640-b)
*
17
E.
2.
Cl.
m.
27.
dors.
20
E.
2.
Cl.
m.
4.
dors.
1
E.
3.
Cl.
ps.
2.
m.
16.
dors.
&
m.
3.
dors.
2
E.
3.
Cl.
m.
22.
dors.
—
and
so
in
his
3
d
,
4
th
,
6
th
,
7
th
,
8
th
,
9
th
,
10
th
,
13
th
,
and
14
th
.
years
.
See
Pryn
's
Register
of
Parl.
Writ
.
Pp.
34
,
36
,
37
,
43
,
44
,
46
,
98
,
99.
where
many
of
these
Writs
are
Printed
.
.
With
this
,
or
the
Like
Clause
,
I
say
;
for
from
the
End
of
E.
2.
downwards
,
it
ran
nearly
in
these
Terms
:
Et
licet
Injunxerimus
singulis
Episcopis
praedictis
qu●d
quilibet
eorum
praemuniri
faciat
,
&c.
nolentes
tamen
dicta
negotia
nostra
pro
defectu
praemunitionum
praedictarum
,
si
forsan
minùs
ritè
factae
fuerint
,
aliqualiter
retardari
:
Vobis
mandamus
rogantes
,
&c.
Hitherto
therefore
the
Writs
for
a
Convocation
went
not
out
only
together
with
those
for
a
Parliament
,
but
were
design'd
purely
to
Second
and
Inforce
them
,
and
to
be
a
Double
Tye
upon
the
Clergy
to
come
to
Parliament
,
being
call'd
thither
both
by
the
Bishops
Writ
,
and
by
a
Provincial
Citation
from
their
Metropolitan
.
And
the
same
Members
therefore
,
we
may
observe
,
neither
more
nor
fewer
,
are
order'd
to
be
resummon'd
by
the
Provincial
Writ
,
which
had
been
before
Summon'd
by
the
Premonishing
Clause
;
Deans
,
Cathedral-Priors
,
Archdeacons
,
and
the
Clergy
of
Chapters
and
Dioceses
,
being
the
only
Persons
cited
both
by
the
One
and
the
Other
,
without
any
mention
of
Bishops
,
Abbats
,
or
other
Priors
,
who
had
Personal
Summons
to
Parliament
;
and
there
being
not
so
much
danger
therefore
of
Their
not
attending
,
the
Archbishop
had
no
Commands
in
Relation
to
them
.
Accordingly
his
Mandate
was
usually
drawn
just
as
this
Form
directed
,
citing
those
of
the
Clergy
,
and
no
other
than
those
which
it
mention'd
,
and
exactly
to
the
Time
and
Place
prescrib'd
.
I
shall
present
the
Reader
with
a
Copy
of
this
Mandate
,
among
the
other
Records
,
as
it
was
practis'd
Anno
1321
,
to
execute
the
Writ
of
the
14
E.
3.
just
now
mention'd
,
and
in
it
he
will
find
also
Expressions
which
shew
,
'T
is
true
,
when
the
Archbishop
Summon'd
in
Obedience
to
this
Second
Writ
,
he
did
not
do
always
just
what
that
Writ
exacted
,
and
no
more
;
but
took
occasion
[
†
](A26154-e58870-b)
†
Thus
Anno
1323.
when
the
Parliament
met
in
Octabis
S.
Hil.
and
the
Praemunientes
went
out
(
for
the
Writ
has
it
,
whereby
that
Parliament
was
Prorogu'd
.
See
Dugd.
Summ.
p.
)
the
Archbishop
at
the
King's
Instance
express'd
in
his
Second
Writ
,
with
the
Clause
Nos
nolentes
,
&c.
(
a
Copy
of
which
for
the
Prorogation
of
this
Parliament
is
in
Pryn
,
Vol.
1.
p.
98.
)
Summon'd
not
the
Parliament-Clergy
alone
,
but
all
such
as
compos'd
a
Provincial
Synod
.
See
Reg.
Henr.
Prioris
.
f.
234.
sometimes
from
thence
to
cite
all
those
Abbots
and
Priors
who
had
no
place
in
Parliament
,
in
order
to
compleat
the
Numbers
of
the
Clergy
,
and
form
a
Provincial
Assembly
.
And
he
cited
'em
to
appear
(
after
Winchelsey's
Pattern
)
not
before
the
King
,
and
among
the
other
States
;
but
before
Himself
,
in
the
Chief
Church
of
the
Place
.
But
this
was
at
his
Choice
;
for
the
King
's
Writ
directed
him
only
to
command
the
Attendance
of
the
Parliament-Clergy
.
And
with
this
the
Crown
had
reason
to
be
content
,
while
the
Defects
of
these
General
Summons
by
the
Provincial
and
Bishops
Writs
were
supply'd
by
Particular
Writs
directed
to
great
Numbers
of
Abbats
and
Priors
,
as
the
way
was
in
Edward
the
First
's
and
Second's
time
;
the
former
of
these
citing
Personally
to
his
Parliaments
,
after
the
Praemunientes
went
out
,
often
sixty
,
or
seventy
,
and
sometimes
above
eighty
Regular
Prelates
;
and
the
Latter
usually
Summoning
about
fifty
of
them
,
till
the
Declining
Part
of
his
Reign
.
But
this
being
esteem'd
an
Hardship
on
those
Regulars
,
who
were
not
by
Tenure
oblig'd
to
attend
the
King's
Summons
(
as
holding
nothing
of
him
by
Barony
)
,
they
were
in
time
omitted
,
and
the
Number
of
Abbats
and
Priors
,
who
had
Personal
Writs
,
reduc'd
to
about
thirty
;
the
Archbishop's
General
Mandate
then
calling
the
rest
to
his
Parliamentary
Convocations
,
and
that
being
allow'd
and
accepted
by
the
Crown
as
a
sufficient
Attendance
in
Parliament
.
But
what
the
Archbishop
did
of
himself
at
first
,
That
he
did
afterwards
at
the
King's
Instance
;
who
took
occasion
from
this
Practice
to
enlarge
his
own
Letters
of
Direction
to
him
,
and
by
them
at
last
to
require
him
to
Summon
all
those
Regular
Prelates
he
was
us'd
to
Summon
without
such
a
Direction
.
This
,
as
it
was
a
Natural
Step
,
so
indeed
it
was
necessary
,
after
the
Crown
had
foreclos'd
it self
from
Summoning
the
greatest
part
of
the
Abbats
Personally
to
Parliament
:
for
then
it
lay
purely
in
the
Archbishop's
Breast
,
whether
he
would
call
the
Unsummon'd
Abbats
by
his
General
Mandate
or
no
;
and
so
,
upon
any
Dispute
between
the
Spirituality
and
Temporalty
,
the
Crown
might
have
been
defeated
of
their
Parliamentary
Attendance
.
At
what
Time
precisely
these
Writs
to
the
Archbishop
for
a
Full
Convocation
to
be
held
concurrently
with
a
Parliament
,
began
to
be
practis'd
,
I
have
not
found
.
The
Eldest
that
has
yet
come
to
my
hands
is
of
the
10
th
.
of
Edw.
3.
when
the
Parliament
was
call'd
to
meet
at
Nottingham
die
Lunae
prox
.
post
Festum
S.
Matthaei
[
†
](A26154-e59090-b)
†
See
Dug
.
p.
186.
by
a
Writ
dated
Aug.
24.
And
the
same
day
another
Writ
issu'd
to
the
Archbishop
of
Canterbury
to
call
all
the
Clergy
of
his
Province
to
Leicester
,
ad
diem
Lunae
prox
.
post
Festum
S.
Michaelis
,
that
is
seven
days
afterwards
[
*
](A26154-e59140-b)
*
See
Cl.
10
E.
3.
m.
16.
dors.
.
And
the
next
year
again
the
same
thing
was
practis'd
;
the
Archbishop
being
order'd
to
Summon
the
Convocation
to
St.
Paul's
,
two
or
three
days
after
the
Parliament
was
to
meet
at
Westminster
[
*
](A26154-e59190-b)
*
See
Pryn.
Parl.
Wr.
Vol.
1.
p.
39
,
40.
.
And
still
(
which
is
observable
)
the
Style
of
Authority
in
these
Fuller
Convocation-Writs
was
the
same
as
it
was
in
those
where
the
Premonish'd
Clergy
only
were
mention'd
;
it
being
a
Mixture
of
a
Command
and
a
Request
[
Rogando
Mandamus
]
as
it
continues
to
be
in
all
Writs
for
a
Convocation
to
this
very
Day
.
This
also
deserves
notice
in
many
of
them
,
that
they
went
not
out
only
at
the
same
time
with
the
Parliament
Writs
,
but
mention
the
holding
of
a
Parliament
in
their
Preambles
as
the
Ground
of
their
issuing
;
that
so
the
Clergy
,
according
to
their
Duty
,
might
resort
to
it
.
Thus
it
was
in
the
Writ
of
the
11
Ed.
3.
[
*
](A26154-e59250-b)
*
Ps.
2.
m
▪
40.
dors.
just
now
mention'd
.
And
so
again
in
his
29
th
.
year
another
Writ
[
†
](A26154-e59270-b)
†
Cl.
m.
8.
dors.
runs
,
Cùm
pro
arduis
&
urgentibus
Negotiis
Nos
&
Statum
Regni
nostri
Anglicani
ac
necessariam
defensionem
ejusdem
Regni
concernentibus
ordinaverimus
Parliamentum
nostrum
apud
Westmonasterium
tenere
,
&c.
Quia
expedit
quòd
praedicta
Negotia
quae
Salvationem
&
Defensionem
Regni
nostri
contingunt
salubriter
&
efficaciter
cum
bonâ
&
maturâ
deliberatione
deducantur
,
Vobis
mandamus
rogantes
,
&c.
to
call
the
Clergy
of
Canterbury-Province
to
St.
Paul's
die
Lunae
prex
.
post
Festum
S.
Martini
,
ad
tractand
'
&
consulend
'
super
praemissis
unà
Vobis●um
&
aliis
per
Nos
illùc
mittendis
,
&
ad
consentiend
'
hiis
quae
tùnc
,
&c.
T.
R.
apud
Westm.
25.
Sept.
The
same
Form
recurs
31
E.
3.
Cl.
m.
21.
dors.
and
in
divers
other
Instances
.
And
when
the
Convocation-Writs
did
not
mention
a
Parliament
in
Terms
,
yet
the
Matter
and
Tenor
of
them
shew'd
that
they
belong'd
to
one
:
for
as
long
as
the
Reasons
of
State
were
continu'd
in
the
Parliament-Writs
,
so
long
we
find
'em
inserted
in
those
to
the
Archbishops
for
a
Convocation
;
and
after
the
Particular
Causes
of
Summons
,
came
to
be
omitted
in
the
Convocation-Writs
,
and
They
,
as
well
as
Those
for
a
Parliament
,
were
reduc'd
to
a
Fix'd
Form
,
which
return'd
constantly
,
with
little
or
no
Variation
(
which
happen'd
,
I
think
,
about
the
middle
of
R.
the
2
d
[
*
](A26154-e59430-b)
*
There
are
later
Instances
of
Parliament-Writs
,
where
the
Reasons
of
Summoning
are
declar'd
specially
(
as
7
H.
4.
Cl.
dors.
m.
29.
)
but
they
are
rare
ones
.
)
;
yet
even
Then
the
General
Reasons
of
convening
them
left
in
the
Writ
,
and
still
a
part
of
it
,
shew
that
they
were
call'd
not
only
for
Ecclesiastical
,
but
Civil
Affairs
,
and
such
as
concern'd
the
Peace
,
Publick
Good
and
Defence
of
the
Kingdom
;
in
a
word
,
to
the
very
same
Intents
and
Purposes
for
which
the
Parliament
it self
was
assembled
.
These
Writs
for
a
Full
Convocation
grew
now
the
Common
Form
,
it
being
matter
of
Ordinary
Practice
to
send
them
out
concurrently
with
those
for
a
Parliament
,
in
Edward
the
Third
,
and
Richard
the
Second's
Reigns
;
and
still
the
Convocation
was
(
as
in
the
preceding
Instances
)
generally
order'd
to
attend
a
few
days
sooner
or
later
than
the
Parliament
did
,
and
not
precisely
on
the
Spot
,
where
the
Parliament
open'd
,
but
at
some
Church
,
or
Chapter-house
near
it
.
And
sometimes
the
Archbishop
was
left
wholly
at
large
as
to
both
these
Circumstances
,
the
Place
being
mention'd
with
a
vel
alibi
prout
melius
expedire
videritis
,
and
the
Time
no
otherwise
prefix'd
than
by
the
words
,
cum
omni
celeritate
accommodâ
,
or
,
ad
breviorem
diem
quam
poteritis
,
or
such
other
Equivalent
Expressions
:
which
yet
were
so
understood
as
to
oblige
the
Archbishop
to
joyn
the
Assemblies
of
the
Clergy
both
in
Place
and
Time
closely
to
those
of
the
Laiety
.
A
yet
Greater
Liberty
was
indulg'd
and
taken
in
some
of
the
succeeding
Reigns
;
till
in
Henry
the
Eighth's
time
[
*
](A26154-e59580-b)
*
My
Lord
of
Sarum
(
Vol.
1.
Coll.
o●
Rec.
Num.
3.
)
Prints
a
Convocation-Writ
as
the
Pattern
of
all
those
which
were
issu'd
out
in
his
Reign
;
whereas
the
Forms
were
different
.
Before
the
Submission
Act
the
Writ
was
so
worded
as
to
leave
the
Archbishop
at
Liberty
both
as
to
Time
and
Place
;
but
after
,
it
was
restrain'd
often
in
both
these
respects
;
and
more
narrowly
in
the
last
,
that
it
is
now
at
present
,
running
without
the
words
vel
alibi
,
as
appears
by
the
Writs
for
the
Convocation
20.
Jan.
1541.
30.
Jan.
1544
,
45.
in
the
Register
of
Bonner
,
fol.
33.
65.
This
Omission
hinder'd
the
Clergy
from
meeting
in
,
not
from
adjourning
to
,
any
other
place
than
that
mention'd
in
the
Writ
:
and
therefore
when
the
Convocation
of
the
13
Nov.
1554.
adjourn'd
to
Henry
the
Seventh's
Chappel
,
I
find
this
Note
thus
entred
by
their
Registrary
,
Memorandum
quòd
in
Brevi
Regio
precis●
convocatur
Clerus
in
Ecclesiam
D.
Pauli
,
&
non
alibi
,
quamvis
hic
prorogatur
ad
Ecclesiam
Westminst.
,
things
came
about
again
into
their
Original
Course
;
and
the
Old
Method
took
place
of
opening
the
Convocation
very
near
at
the
same
time
with
the
Parliament
.
Upon
the
whole
therefore
it
is
manifest
,
that
the
King
's
Writ
for
a
Convocation
,
when
it
went
out
with
that
for
the
Parliament
was
originally
only
a
Second
Summons
of
the
same
Persons
that
were
call'd
by
the
Praemunientes
,
and
to
the
same
Ends
and
Intents
for
which
they
were
call'd
by
it
;
that
it
was
employ●d
at
these
times
only
to
secure
an
Obedience
to
the
Praemunitory
Clause
,
and
to
leave
the
Clergy
(
thus
doubly
Summon'd
both
by
the
Provincial
and
Bishops
Writ
)
without
Excuse
,
if
they
did
not
attend
the
Parliament
:
That
it
was
made
use
of
afterwards
(
when
it
took
in
Abbats
and
Priors
)
to
bring
those
Regulars
to
it
by
the
Assistance
of
the
Archbishop
,
who
declin'd
appearing
there
upon
an
Immediate
Summons
from
the
King
,
as
holding
nothing
of
him
by
Barony
;
and
to
render
,
by
this
means
,
the
Parliamentary
Assemblies
of
the
Clergy
so
much
in
proportion
fuller
,
as
the
Number
of
the
Abbats
and
Priors
decreas'd
,
who
were
us'd
to
be
Summon'd
,
and
to
sit
with
the
Laiety
:
That
this
little
Diversity
between
the
Persons
Summon'd
by
the
Provincial
and
Bishops
Writ
ceas'd
at
length
upon
the
Dissolution
of
Monasteries
;
the
Old
Usage
then
returning
of
addressing
both
the
Writs
precisely
to
the
same
Persons
,
and
ever
since
continuing
:
That
the
Letter-writer
therefore
is
utterly
mistaken
when
he
pretends
that
the
Writ
for
a
Convocation
(
tho'
it
went
out
constantly
with
every
New
Parliament
,
yet
)
has
no
Relation
to
it
[
*
](A26154-e59730-b)
*
P.
29.
,
because
,
forsooth
,
it
does
not
now
mention
it
expresly
(
tho'
at
first
,
for
many
years
after
it
was
practis'd
,
it
did
)
:
and
that
Dr.
Wake
is
yet
further
from
Truth
,
when
,
in
his
Fantastick
way
of
Speech
,
he
tells
us
,
that
the
Convocation
call'd
by
the
Provincial
Writ
is
consisted
of
another
sort
of
Persons
[
†
](A26154-e59760-b)
†
P.
(
284.
)
than
the
Parliamentary
Assemblies
Summon'd
by
the
Praemunientes
were
;
since
it
is
certain
,
that
Both
those
Assemblies
were
originally
consisted
of
the
very
same
Persons
,
and
were
really
but
one
Assembly
of
Men
,
meeting
under
a
Double
Capacity
;
and
as
certain
also
that
they
have
been
again
thus
consisted
,
for
the
last
one
hundred
and
sixty
years
.
I
am
really
at
a
Loss
to
determine
,
which
of
the
Two
is
more
absurdly
false
,
the
Doctrine
he
here
lays
down
,
or
his
manner
of
expressing
it
.
That
Air
of
Assurance
which
Dr.
Wake
takes
up
every
where
on
this
Article
would
be
very
Amazing
to
a
Man
that
did
not
consider
,
how
Doubts
dwell
usually
in
knowing
Breasts
,
and
that
those
who
have
the
least
skill
in
things
are
most
apt
to
be
Positive
.
It
is
as
plain
(
says
he
)
as
any
thing
can
well
be
,
That
the
Convocation
of
the
Clergy
consider'd
as
call'd
by
the
Parliamentary
Writs
,
and
sitting
by
vertue
of
them
;
and
the
Convocation
consider'd
as
Summon'd
by
the
Convocation-Writ
,
and
the
Order
of
the
Archbishop
consequent
thereupon
,
are
,
in
their
Nature
and
Constitution
two
different
Assemblies
;
and
which
,
by
no
means
,
ought
to
be
confounded
together
[
*
](A26154-e59850-b)
*
P.
226.
.
By
no
means
indeed
,
if
Dr.
Wake
's
Cause
must
right
or
wrong
be
upheld
:
for
the
confounding
these
two
Assemblies
,
and
making
them
but
one
,
confounds
all
his
Little
Aims
and
Reasonings
.
However
,
I
have
shewn
,
that
they
must
necessarily
be
,
and
have
always
been
thus
confounded
together
,
when
ever
the
Praemunientes
,
and
a
Royal
Writ
for
the
Convocation
went
out
joyntly
;
and
it
will
puzzle
Dr.
Wake
,
I
believe
,
out
of
his
Plentiful
store
of
Useless
Collections
to
furnish
us
with
a
single
Proof
to
the
contrary
,
where
the
Convocation-Clergy
call'd
by
the
Archbishop
at
the
King
's
Writ
,
and
those
Summon'd
by
the
Praemunientes
,
have
met
,
sat
,
and
acted
in
the
same
Province
distinctly
;
all
which
they
must
have
done
,
to
be
,
what
he
tells
us
they
were
,
two
different
Assemblies
.
Nothing
but
a
continu'd
Series
of
such
Instances
as
these
,
carry'd
through
the
several
Reigns
in
which
this
Double
Summons
was
practis'd
can
justifie
Dr.
Wake
's
Notion
;
and
therefore
I
am
very
sure
,
it
can
never
be
justify'd
:
for
They
that
that
are
vers'd
in
these
things
know
,
that
when
these
two
Summons
issu'd
concurrently
from
the
King
,
the
Clergy
call'd
up
by
the
Praemunientes
form'd
no
distinct
Assembly
,
but
after
making
their
Returns
to
it
,
sat
and
acted
Provincially
;
and
this
,
as
I
have
often
times
said
,
was
reputed
,
and
accepted
as
a
Parliamentary
Attendance
.
At
these
Times
therefore
the
Convocation
of
the
Clergy
praemonish'd
by
the
Bishops
Writ
,
had
,
as
Dr.
Wake
says
rightly
,
no
Existence
,
i.
e.
no
separate
Existence
from
the
Convocation
of
the
two
Provinces
;
but
was
involv'd
in
it
,
and
represented
by
it
,
and
acted
through
it
.
'T
is
true
,
Two
sort
of
Writs
going
out
to
call
the
Clergy
in
Time
of
Parliament
,
there
is
room
for
a
Nice
Head
to
distinguish
(
as
Dr.
Wake
does
)
between
the
Nature
and
Constitution
of
that
Assembly
which
relates
to
the
One
,
and
the
Nature
and
Constitution
of
that
Assembly
which
relates
to
the
Other
.
But
these
two
Assemblies
being
in
fact
but
one
Assembly
,
it
does
us
no
Harm
,
as
to
the
Argument
we
are
upon
,
to
consider
that
One
Assembly
under
as
many
different
Views
and
Respects
as
Dr.
Wake
pleases
.
So
he
will
allow
it
to
have
but
One
Existence
(
to
keep
to
his
Phrase
)
we
will
not
dispute
its
having
Two
Essences
;
that
is
,
its
convening
under
two
different
Formalities
:
for
Metaphysical
Speculations
ought
to
make
no
Quarrels
among
Friends
.
CHAP.
VI.
I
Have
in
the
Preceding
Chapter
examin'd
carefully
into
the
Rise
,
Nature
,
and
Force
of
the
Praemunientes
,
and
of
the
Convocation-Writ
that
goes
out
with
it
;
and
have
fully
consider'd
whatever
may
be
objected
from
either
of
these
against
the
Clergy's
right
of
Meeting
and
Sitting
in
Convocation
together
with
every
New
Parliament
:
more
fully
indeed
than
the
Objection
it self
deserves
,
had
I
intended
barely
to
pull
down
what
was
advanc'd
on
the
other
side
,
without
giving
some
further
Light
into
this
Intricate
,
and
as
yet
untrodden
Subject
.
For
the
Objection
it self
might
in
Two
Words
have
been
dispatched
by
saying
,
That
the
Clergy
have
certainly
a
Right
of
Meeting
and
Sitting
in
Convocation
thus
often
,
because
thus
often
they
have
for
some
hundred
years
met
and
sat
:
And
this
is
a
plain
short
Answer
,
which
is
capable
of
no
Evasion
.
Dr.
Wake
however
has
made
some
small
Effort
towards
Eluding
it
;
and
what
he
offers
to
this
purpose
shall
in
the
next
place
be
consider'd
.
We
find
him
(
Pp.
106
,
107
,
140
,
141
,
&c.
)
thus
distinguishing
:
That
the
Clergy
have
no
Right
to
Meet
,
and
Sit
,
but
only
to
be
Summon'd
as
often
as
a
Parliament
:
That
having
indeed
for
some
hundreds
of
years
been
Summon'd
always
with
the
Parliament
,
it
may
be
question'd
[
*
](A26154-e60260-b)
*
P.
229.
whether
they
have
not
(
he
means
,
it
is
not
to
be
question'd
but
that
they
have
)
now
a
Right
to
such
a
concurrent
Summons
;
but
it
is
certain
they
have
a
Right
to
nothing
besides
;
and
it
were
no
Great
Matter
whether
They
had
a
Right
to
that
or
no
[
†
](A26154-e60300-b)
†
P.
107.
.
This
is
Dr.
Wake
's
New
Scheme
for
laying
aside
the
Clergy's
Parliamentary
Meetings
first
,
and
their
Parliamentary
Summons
afterwards
.
A
very
Honest
Design
,
if
it
could
be
effected
!
and
very
fit
to
be
first
recommended
to
the
world
by
the
Pen
of
a
Clergy-man
!
God
be
thanked
his
Abilities
are
not
Equal
to
his
Good-will
in
the
Case
,
nor
the
Colours
by
him
put
upon
this
matter
such
,
as
will
ever
tempt
a
wise
Ministry
to
execute
what
he
has
Projected
!
In
answer
to
this
New
Distinction
,
I
desire
to
be
satisfy'd
,
why
,
if
Custom
gives
the
Convocation
a
Right
to
be
Summon'd
as
often
as
the
Parliament
meets
and
sits
,
it
does
not
give
'em
a
Right
to
Meet
and
Sit
too
;
since
it
is
certain
that
they
have
the
very
same
Custom
to
plead
for
the
One
,
as
for
the
Other
.
Time
out
of
mind
the
Custom
has
been
,
that
whenever
the
Parliament
has
met
,
the
Convocation
(
should
not
only
be
Summon'd
,
but
)
meet
too
;
and
accordingly
for
some
Ages
now
it
has
met
with
it
,
and
been
open'd
in
Form
by
the
Archbishop
,
or
in
the
Vacancy
of
his
See
,
by
some
Bishop
Commission'd
from
the
Dean
and
Chapter
of
Canterbury
;
Divine
Service
has
been
said
,
a
Sermon
preach'd
,
and
a
Prolocutor
chosen
.
There
are
Instances
indeed
when
they
have
gone
no
further
than
this
,
and
done
no
other
Business
;
but
it
was
when
they
had
no
other
Business
to
do
:
for
they
were
always
put
into
a
Posture
of
doing
it
,
and
into
a
Capacity
of
making
such
Motions
and
Requests
as
they
should
judge
proper
for
the
Good
of
the
Church
,
or
the
Redress
of
Grievances
.
Till
late
years
,
it
was
never
known
,
that
Convocations
should
meet
purely
in
order
to
be
adjourn'd
;
that
the
Members
of
the
Lower
house
should
attend
only
to
be
told
when
they
should
attend
next
;
without
being
allow●d
to
offer
their
Advices
,
or
Complaints
,
or
even
to
put
themselves
into
a
Condition
of
offering
them
.
This
Custom
,
we
know
is
but
nine
years
old
,
whereas
the
contrary
Custom
is
as
old
as
these
Assemblies
themselves
are
:
and
if
Custom
be
the
Law
of
Convocations
(
as
Dr.
Wake
allows
[
*
](A26154-e60460-b)
*
P.
298.105
.
it
to
be
)
he
will
be
pleas'd
to
tell
us
,
how
this
Establish'd
Custom
can
be
broke
in
upon
,
and
set
aside
,
without
a
Breach
of
the
Law
;
and
whether
the
Clergy's
not
being
suffer'd
to
meet
and
form
themselves
into
a
Body
,
according
to
the
Intent
of
their
Summons
be
not
(
upon
Dr.
Wake
's
Principles
)
as
plain
a
Violation
of
their
Rights
,
as
it
would
be
,
not
to
Summon
them
Queen
Elizabeth
,
one
would
think
,
was
under
these
Apprehensions
;
for
she
suffer'd
a
Popish
Convocation
to
sit
and
act
together
with
her
first
Parliament
,
at
a
Time
when
she
was
taking
all
manner
of
Legal
Steps
and
Means
to
expel
Popery
,
and
to
introduce
the
Reformation
:
which
she
would
never
,
I
presume
,
have
done
,
had
she
thought
her
Power
extended
so
far
over
the
Convocation
as
to
adjourn
them
before
a
Prolocutor
was
chosen
[
*
](A26154-e60490-b)
*
There
was
indeed
a
Singularity
practis'd
at
the
En●●ance
of
this
Convocation
,
which
I
remember
no
Instance
of
in
any
other
:
It
was
open'd
without
any
Sermon
.
The
reason
of
which
is
thus
given
in
the
Acts
,
Sess.
2.
Episcopus
London
Commissarius
—
evocatâ
Domo
Inferiori
exposuit
eis
Causam
Convocationis
,
&
quod
non
futura
sit
concio
pro
more
quia
Sedes
Episcopalis
destituta
existit
,
&
quia
Consiliarii
Regis
[
it
should
be
Reginae
]
in
mandatis
dederunt
,
ne
Conciones
in
Eâdem
Ecclesiâ
fierent
,
donec
de
Beneplacito
Reginae
constaret
.
The
first
of
these
Reasons
is
no
reason
,
but
the
last
is
sufficient
,
according
to
the
Doctrine
of
Those
Times
;
when
our
Princes
in
Vertue
of
their
Supremacy
,
were
thought
to
have
a
Power
of
silencing
any
,
or
even
all
the
Pulpits
of
England
at
once
;
which
both
King
Edward
and
Queen
Mary
are
said
to
have
practis'd
.
But
that
Doctrine
being
now
out
of
Doors
,
the
Practise
founded
upon
it
can
be
no
Warrantable
Precedent
for
our
Times
.
Even
the
Acts
themselves
that
give
us
an
account
of
this
Omission
,
affirm
the
Custom
,
and
say
the
Sermon
was
a
thing
de
more
.
.
And
if
she
did
not
think
she
had
such
a
Power
,
it
would
make
one
apt
to
believe
that
she
had
it
not
:
for
,
whatever
else
has
been
said
of
her
,
I
never
heard
it
laid
to
her
Charge
,
that
she
was
ignorant
of
the
Extent
of
her
Prerogative
,
or
us'd
it
too
tenderly
.
'T
is
true
,
my
Lord
of
Sarum
informs
us
,
that
left
the
Clergy
might
set
out
Orders
in
Opposition
to
what
the
Queen
was
about
to
do
,
she
sent
and
requir'd
them
under
the
Pains
of
a
Praemunire
to
make
no
Canons
[
†
](A26154-e60680-b)
†
Vol.
2.
p.
327.
.
His
Lordship
gives
us
no
Authority
for
this
Particular
,
and
I
must
beg
leave
therefore
to
suspect
the
Exactness
of
it
;
because
the
Submission-Act
,
and
that
which
confirm'd
it
,
were
repeal'd
in
Queen
Mary's
time
,
and
as
yet
unreviv'd
:
and
the
Queen
could
have
no
Pretence
from
any
other
Acts
than
these
to
threaten
them
with
a
Praemunire
,
if
they
proceeded
to
make
Canons
.
However
allowing
this
account
of
the
Queen's
Message
to
be
just
,
we
may
observe
,
that
tho'
she
prohibited
'em
to
make
Canons
,
yet
she
did
not
forbid
them
to
Sit
and
Act
in
Inferior
Instances
,
because
she
thought
it
their
Priviledge
so
to
do
;
and
accordingly
this
very
Convocation
did
business
,
drawing
up
their
Judgment
upon
five
Important
Points
in
five
Articles
,
by
way
of
Protest
,
to
be
deliver'd
(
not
to
the
Queen
,
as
his
Lordship
thinks
[
*
](A26154-e60730-b)
*
Ibid.
)
but
to
the
Keeper
of
the
Great
Seal
,
and
to
the
Lords
of
Parliament
:
And
this
they
did
,
for
the
Disburthening
of
their
Consciences
[
†
](A26154-e60750-b)
†
Ad
exonerationem
conscientiarum
suarum
.
,
as
the
Acts
speak
;
and
were
allow'd
to
do
it
without
Check
or
Disturbance
.
And
if
the
Priviledges
of
a
Popish
Convocation
were
thus
tenderly
preserv'd
to
them
by
a
Queen
averse
to
their
Principles
,
we
may
be
sure
that
the
Protestant
Clergy
afterwards
had
not
less
Liberty
,
or
Worse
Usage
;
but
were
allow'd
freely
to
sit
and
declare
their
Grievances
,
as
often
as
they
were
understood
earnestly
to
desire
it
in
the
Succeeding
Reigns
:
there
being
no
Instance
of
such
a
Liberty
deny'd
by
any
of
our
Princes
to
any
of
their
Synods
,
when
the
Prince
and
the
Synod
were
of
the
same
Judgment
in
Religion
.
I
have
shewn
that
it
has
been
granted
even
when
they
differ'd
in
Principles
,
let
Dr.
Wake
prove
to
us
,
that
ever
it
was
with-held
when
they
agreed
;
and
he
will
somewhat
lessen
the
Opinion
the
Clergy
have
of
the
Hardship
they
at
present
lye
under
.
If
Custom
therefore
creates
a
Right
,
we
are
sure
that
the
Clergy
have
a
Right
to
somewhat
more
than
a
Bare
Summons
;
they
have
a
Right
actually
to
assemble
,
to
be
form'd
into
a
Body
,
and
to
fill
the
Chair
of
the
Lower
House
;
and
if
they
have
any
Petitions
or
Motions
to
make
in
Church-matters
,
they
have
a
right
to
sit
so
long
as
till
they
have
made
them
;
for
thus
they
have
been
always
accustom'd
to
do
;
and
when
they
were
adjourn'd
without
it
,
it
was
upon
a
Presumption
,
that
they
had
nothing
of
this
kind
to
offer
,
and
were
themselves
consenting
to
such
Adjournments
.
Dr.
Wake
himself
is
forc'd
in
good
measure
to
agree
to
this
,
for
he
owns
,
that
whilst
the
Clergy
were
wont
to
assess
themselves
,
and
their
sitting
upon
this
account
was
necessary
for
the
support
of
the
Government
;
they
were
not
only
Summon'd
to
meet
,
but
were
wont
actually
to
assemble
;
and
sit
so
long
as
it
was
requisite
for
them
to
do
for
this
purpose
[
*
](A26154-e60860-b)
*
P.
141
,
249.
.
Now
't
is
not
forty
years
ago
since
the
Clergy
were
in
the
undisputed
Possession
of
this
Priviledge
of
Assessing
themselves
;
and
till
That
time
therefore
,
even
by
Dr.
Wake
's
Confession
,
they
had
Custom
,
and
consequently
Right
of
their
side
,
even
for
Assembling
,
and
Sitting
,
as
well
as
being
Summon'd
.
And
the
Late
Discontinuance
of
this
Custom
cannot
yet
have
infring'd
that
Right
,
as
being
not
yet
Immemorial
.
There
is
no
Custom
therefore
for
the
Methods
lately
taken
;
and
it
is
the
Clergy's
great
desire
that
there
never
may
be
any
:
and
for
that
reason
among
others
it
is
that
a
Convocation
is
so
earnestly
call'd
for
,
to
prevent
this
Pretence
of
Dr.
Wake
's
from
growing
up
into
an
Argument
;
for
tho'
it
have
now
no
manner
of
strength
in
it
,
yet
twenty
or
thirty
years
hence
perhaps
it
may
.
But
tho'
Dr.
Wake
is
out
,
as
to
the
Clergy's
having
no
Right
,
because
no
Custom
to
sit
;
yet
at
least
he
can
prove
,
he
thinks
,
that
't
is
very
fit
and
reasonable
they
should
have
none
,
upon
Two
Accounts
:
the
One
,
drawn
from
the
True
End
and
Design
of
calling
the
Clergy
to
Parliament
;
the
Other
,
from
the
Alteration
that
has
hapned
in
the
Original
Constitution
of
those
Meetings
.
As
to
the
First
of
these
,
he
tells
us
,
that
the
True
End
and
Design
of
the
Clergy's
Assembling
with
the
Parliament
was
to
raise
Money
;
and
that
End
therefore
now
ceasing
,
since
they
have
left
off
to
assess
themselves
,
the
Right
grounded
upon
it
ought
to
cease
too
[
*
](A26154-e60980-b)
*
All
the
use
that
was
generally
made
of
them
was
to
conconcur
with
the
other
Estates
in
granting
Money
to
the
King
,
which
having
done
,
they
were
commonly
dismissed
without
entring
on
any
other
Business
.
Pp.
106
,
107.
However
the
King
usually
added
a
Conciliary
Summons
to
his
Parliamentary
Writ
—
yet
still
the
Design
was
in
Both
the
same
that
they
might
thereby
more
effectually
confirm
what
had
in
Parliament
been
granted
to
the
King
,
&c.
Ibid.
The
Main
Design
our
Princes
seem
to
have
had
in
assembling
these
Convocations
either
at
the
same
time
they
did
their
Parliament
,
or
not
long
after
,
was
to
get
Money
from
them
.
P.
227.
This
was
the
Great
Use
the
King
was
wont
to
make
of
our
Convocations
,
and
from
thence
it
came
to
be
the
Custom
to
Summon
them
for
the
most
part
as
often
as
the
Parliament
met
.
P.
229.
For
the
most
part
what
was
done
by
the
Convocation
when
they
met
,
was
only
to
confirm
or
make
an
order
for
Money
.
P.
228.
For
the
most
part
the
Great
End
our
Kings
had
in
Summoning
them
was
to
get
Money
from
them
.
P.
245.
As
long
as
the
Clergy
in
Convocation
have
continu'd
to
assist
the
Government
by
granting
Subsidies
,
it
has
been
allow'd
to
sit
as
often
as
it
was
necessary
to
that
purpose
,
tho'
it
has
seldom
done
any
thing
besides
.
P.
250.
.
As
to
the
Second
,
That
the
Convocation
,
when
it
us'd
to
sit
at
the
same
Time
with
the
Parliament
,
was
a
Member
of
Parliament
;
but
not
being
so
now
,
there
is
no
reason
why
it
should
sit
with
it
[
†
](A26154-e61140-b)
†
Pp.
105
,
106
,
107.
.
The
first
of
these
is
so
False
and
Scandalous
a
Reflection
upon
our
Princes
,
and
those
Meetings
,
and
upon
the
Constitution
it self
,
that
I
wonder
how
it
could
drop
from
the
Pen
of
an
English
Divine
,
that
had
any
Regard
left
for
his
Church
,
or
his
Country
;
and
how
even
This
Writer
,
as
meanly
as
he
may
think
of
Synods
,
and
their
Powers
,
could
yet
prevail
with
himself
to
say
it
.
He
says
it
,
not
once
or
twice
only
,
but
often
,
and
with
the
utmost
Assurance
;
of
Convocations
call'd
out
of
Parliament
time
,
as
well
as
of
those
which
met
in
it
;
and
seems
to
be
afraid
only
,
lest
this
Decent
Maxim
should
escape
the
Reader
's
Eye
;
and
has
therefore
taken
care
to
instill
it
so
often
,
and
on
so
different
Occasions
,
that
one
cannot
read
long
in
his
Book
without
meeting
it
.
Let
us
see
,
how
he
attempts
the
Proof
of
it
.
Why
,
he
tells
us
,
that
in
the
accounts
of
our
Elder
Synods
,
little
more
is
said
to
have
been
done
by
them
,
than
that
they
gave
the
King
such
and
such
Supplies
;
and
tho'
they
met
often
in
former
times
,
yet
as
for
Ecclesiastical
Business
,
for
ought
he
can
find
,
they
did
as
little
with
their
often
meeting
then
,
as
they
do
with
their
seldom
meeting
now
[
†
](A26154-e61210-b)
†
P.
283.
.
But
first
,
allowing
all
this
to
be
true
,
does
it
follow
from
hence
that
the
End
of
the
Convocations
sitting
was
to
give
Money
?
might
not
frequent
Opportunities
be
taken
of
pressing
the
Clergy
to
Grants
,
and
yet
That
not
be
the
End
of
their
Meeting
?
Money
has
been
as
frequently
given
by
Parliaments
as
by
Convocations
,
and
has
been
as
much
the
Design
of
calling
them
;
so
that
once
upon
a
Time
[
†
](A26154-e61240-b)
†
Cl.
Rot.
21
E.
3.
ps.
2.
m.
9.
dors.
—
Et
scire
Vos
volumus
quod
dictum
Parliamentum
non
ad
Auxilia
seu
Tallagia
à
Populo
dicti
regni
nostri
petenda
,
vel
ad
alia
Onera
eidem
Populo
imponenda
,
set
duntaxat
pro
Justitiâ
ipsi
Populo
nostro
super
Dampnis
&
Gravaminibus
sibi
illatis
faciendâ
—
See
Pryn.
Parliam
.
Writ
.
Vol.
1.
p.
53.
,
when
the
King
inserted
a
Clause
in
the
Commons
Writs
to
assure
them
,
that
That
Parliament
was
not
call'd
in
order
to
a
Supply
,
it
is
taken
notice
of
by
our
Antiquaries
as
a
Wonder
:
Nevertheless
the
Reason
and
End
of
those
State-meetings
is
not
,
I
suppose
,
to
be
fetch'd
purely
from
Money
,
but
Redress
of
Grievances
,
according
to
the
honest
Doctrine
of
the
Mirror
[
*
](A26154-e61310-b)
*
Pur
Oyer
&
Terminer
les
playntes
de
tort
de
le
Roy
,
de
la
Roigne
,
&
de
lour
Enfans
,
&
de
eux
specialment
,
de
que●x
Torts
lun
ne
poet
aver
autrement
common
droit
.
Cap.
1.
.
Further
,
had
the
accounts
we
have
left
of
Convocations
mention'd
little
more
than
the
Supplies
they
gave
,
yet
it
might
have
become
Dr.
Wake
to
suspect
that
those
accounts
were
Defective
,
and
that
much
besides
might
have
been
done
,
tho'
little
else
was
recorded
.
The
Proportion
that
the
Clergy
bore
in
the
Taxes
,
being
a
matter
in
which
the
State
,
as
well
as
the
Church
was
nearly
concern'd
,
might
be
set
down
in
our
Annals
with
a
more
than
Ordinary
Care
;
on
the
Crown-side
it
might
be
taken
notice
of
,
that
the
King
for
the
future
might
be
sure
of
as
much
;
on
the
Clergy's
side
,
that
they
might
be
sure
of
giving
no
more
:
Both
might
think
it
prudent
to
arm
themselves
with
Precedents
for
a
Demand
,
or
a
Denyal
,
as
the
Case
might
happen
;
and
for
this
reason
,
among
others
,
the
Article
of
Subsidies
might
have
been
suppos'd
to
make
so
considerable
a
Figure
in
the
Story
of
those
Synods
,
had
Dr.
Wake
been
inclin'd
in
the
least
to
embrace
any
accounts
that
were
for
the
Honour
or
Interest
of
his
Order
.
But
after
all
,
the
very
Bottom
he
goes
upon
is
false
;
an
injurious
,
and
groundless
Misrepresentation
:
For
that
the
Clergy
,
when
met
,
had
a
great
deal
of
other
Business
to
do
,
besides
Raising
Money
,
appears
from
Numerous
and
Undeniable
Testimonies
.
And
if
Dr.
Wake
cannot
find
'em
,
as
he
says
,
't
is
because
he
has
not
look'd
where
they
ought
to
be
found
,
or
at
least
not
with
that
care
he
ought
to
do
,
in
order
to
find
them
.
Had
he
look'd
into
Spelman
or
Lynwood
,
methinks
,
he
might
have
found
,
that
they
made
Provincial
Canons
and
Constitutions
all
along
for
the
good
Government
of
the
Church
;
and
by
means
of
'em
repress'd
now
and
then
an
Aspiring
Clergy-man
,
that
was
making
a
False
Court
by
betraying
the
Interests
of
his
Body
,
and
endeavouring
to
build
his
Fortune
upon
the
Ruin
of
their
Liberties
.
Had
he
lookt
into
our
Historians
,
as
nicely
as
he
would
be
thought
to
have
done
,
particularly
into
Harpsfield
,
and
Antiquitates
Britannicae
,
he
would
have
found
,
that
they
were
taken
up
often
in
Foreign
,
and
more
often
in
Domestick
Affairs
of
the
utmost
Importance
;
in
Deputing
some
of
their
Members
to
General
Councils
[
*
](A26154-e61480-b)
*
Harpsf
.
p.
610
,
611.
,
and
preparing
their
Instructions
;
in
restoring
Peace
to
the
Church
,
when
it
was
broken
by
the
clashing
of
Popes
with
Councils
[
†
](A26154-e61490-b)
†
Ant.
Br.
p.
227.
,
or
by
the
Contentions
of
Rival
Popes
about
the
Lawfulness
of
their
Titles
[
‖
](A26154-e61500-b)
‖
Harpsf
.
p.
608.
;
in
resisting
Papal
Encroachments
and
Provisions
[
⸫
](A26154-e61510-b)
⸫
Harpsf
.
p.
618
,
654.
,
in
exercising
their
Jurisdiction
,
in
Reforming
Abuses
among
themselves
,
or
Petitioning
for
the
Redress
of
them
above
;
that
they
open'd
their
Mouths
to
their
Superiors
,
as
well
as
their
Purses
;
and
gave
Dutiful
Advice
sometimes
that
was
as
serviceable
and
welcome
to
a
Good
Prince
as
their
Money
.
But
above
all
,
had
he
look'd
into
the
few
Old
Acts
and
Journals
of
Convocation
sav'd
out
of
the
General
Wreck
,
and
yet
remainining
,
he
would
have
found
,
that
the
Articuli
Reformandi
,
or
Gravamina
Cleri
were
put
up
almost
at
every
Session
,
that
Subsidies
were
seldom
given
without
them
,
and
that
they
were
suggested
often
,
when
no
Subsidies
were
given
;
the
Clergy
in
those
Days
being
allow'd
sometimes
to
approach
their
Prince
Empty-handed
,
and
to
beg
of
him
what
was
their
Due
without
paying
for
the
Liberty
of
doing
it
.
Reforming
Grievances
was
so
much
the
End
of
the
Clergy's
Conciliary
Meetings
,
that
the
Archbishop
mention'd
it
oftentimes
in
his
very
Provincial
Mandate
[
*
](A26154-e61540-b)
*
In
one
of
Archbishop
Mepham
's
Anno
1328.
there
is
this
Clause
,
Proviso
quod
singuli
Episcopi
antequam
Dioceses
suas
versus
dictum
Concilium
egressi
fuerint
,
cum
suo
Clero
deliberent
&
inquirant
sagaciter
de
Gravaminibus
&
Defectibus
dicti
Concilii
studio
reformandis
—
and
to
the
same
purpose
another
of
Stratford's
Dated
10.
Kalend.
Aug.
1341.
These
were
for
Provincial
Councils
,
strictly
so
call'd
.
;
the
Bishops
being
there
directed
to
consult
with
the
Clergy
of
their
several
Dioceses
,
about
the
particular
Grievances
they
lay
under
,
in
order
to
their
being
laid
before
the
Assembly
.
And
the
Lower
Clerks
have
now
and
then
observ'd
these
Directions
of
their
Metropolitan
so
well
as
to
complain
to
him
of
the
Inabilities
,
or
Exactions
of
those
who
had
Iurisdiction
under
Him
,
or
under
any
of
the
other
Bishops
[
†
](A26154-e61650-b)
†
Duck.
Vit.
Chichleii
,
ad
Ann.
1421
,
1432.
.
As
they
were
always
sure
of
his
Good
Offices
,
so
sometimes
it
has
so
hapned
that
He
himself
has
stood
in
need
of
Theirs
;
and
accordingly
the
Subject
of
their
Debates
has
been
how
to
screen
an
Archbishop
from
the
Displeasure
of
his
Prince
[
‖
](A26154-e61680-b)
‖
Heylin's
Hist.
of
Presbyt.
p.
250.
.
Sometimes
they
have
consulted
of
measures
for
the
Advancement
of
Learning
,
and
Encouragement
of
Universities
[
⸫
](A26154-e61720-b)
⸫
Concilium
Provinciale
ad
reparationem
splendidarum
Universitat
.
Oxon.
&
Cant.
ac
Graduatorum
in
eadem
proficientium
promotionem
—
Ann
1417.
Registr.
Bubwith
.
Ep.
B.
&
W.
,
and
have
come
to
resolutions
very
much
to
the
Honour
and
Advantage
of
those
Famous
Bodies
[
*
](A26154-e61750-b)
*
Spelm.
Conc.
Vol.
2.
p.
677.
Ant.
Brit.
p.
214.
;
and
have
by
that
means
made
way
for
them
,
when
under
a
Cloud
,
to
the
Favour
and
Bounty
of
Others
.
At
some
times
the
Regulation
and
Improvement
of
Grammar-Schools
[
†
](A26154-e61790-b)
†
Acta
MSS.
Synodi
tentae
,
An.
1555
—
ad
Jan.
7.
1555
,
56.
;
at
Others
,
the
Loosness
and
Disorders
of
the
Stage
[
‖
](A26154-e61830-b)
‖
Febr.
24.
1541
,
42.
Episcopi
consultârunt
de
Publicis
Dissolutis
Comaediis
corrigendis
—
Act.
MSS.
have
been
the
Subject
of
their
Debates
:
and
it
has
been
known
,
when
even
Matters
of
Common
Iustice
and
Traffick
have
felt
the
Influence
of
their
Resolves
,
and
the
Kingdom
been
generally
benefitted
by
the
Spiritual
Censures
they
have
denounc'd
on
the
Use
of
False
Weights
and
Measures
[
*
](A26154-e61860-b)
*
Constitutio
facta
—
in
Convocatione
—
1430.
pro
abolitio
Ponderis
vocati
Le
Auncell
Weight
.
Spelm.
Vol.
2.
p.
687.
.
A
Late
Writer
[
†
](A26154-e61880-b)
†
Nicholson
,
Hist.
Lib.
p.
196.
has
found
out
yet
another
Employment
for
the
Clergy
in
Convocation
,
to
pass
the
Finales
Concordiae
,
or
Levies
of
Fines
,
as
we
now
call
them
;
and
this
upon
no
less
an
Authority
than
Sir
Henry
Spelman's
;
who
says
[
‖
](A26154-e61930-b)
‖
In
voce
Finis
.
,
it
seems
,
that
such
Matters
were
transacted
sometimes
coram
Episcopo
,
&
in
Synodali
Conventu
:
and
so
they
might
be
,
without
however
being
ratify'd
by
a
Convocation
properly
so
call'd
:
for
the
words
of
Sir
Henry
refer
to
those
Mixt
Assemblies
,
where
the
Clergy
and
Laiety
sat
together
.
Would
Mr.
Archdeacon
afford
us
an
Instance
of
a
Fine
thus
pass'd
in
a
Pure
Ecclesiastical
Meeting
,
after
the
two
Jurisdictions
were
compleatly
separated
,
it
would
be
a
very
Curious
Particular
,
worth
acquainting
the
World
with
.
But
this
is
not
the
Only
Instance
[
*
](A26154-e61990-b)
*
See
another
p.
31.
of
these
Papers
.
he
has
given
of
his
knowing
no
other
sense
of
the
word
Synodus
,
but
that
of
a
Church-Assembly
.
Many
other
ways
the
Clergy
assembled
in
Synod
had
of
employing
themselves
to
the
Adtage
of
the
Church
and
the
Commonwealth
;
too
many
to
be
Enumerated
,
and
too
well
understood
to
be
insisted
on
:
if
Dr.
Wake
knows
nothing
of
these
things
,
he
is
to
be
pitied
for
his
Ignorance
;
if
he
does
,
and
yet
dissembles
his
knowledg
of
them
,
he
is
to
be
detested
for
a
much
worse
Quality
.
But
can
this
Gentleman
be
in
Earnest
when
he
says
,
that
the
Convocation
had
little
else
at
any
time
to
do
but
to
give
Money
?
does
not
He
himself
own
in
several
places
[
*
](A26154-e62070-b)
*
Pp.
286
,
287
,
236
,
237.
,
that
the
King
frequently
sent
his
Prohibitions
thither
,
commanding
'em
not
to
enter
or
proceed
upon
Business
that
he
did
not
approve
of
?
This
implies
,
I
think
,
that
they
were
often
otherwise
employ'd
than
in
Money-matters
:
for
Dr.
Wake
,
I
believe
,
will
not
pretend
that
it
was
Usual
with
our
Princes
to
prohibit
the
Clergy
from
giving
them
Money
.
Nay
,
he
tells
us
further
out
of
Coke
,
that
the
King
did
often
appoint
Commissioners
by
Writ
to
sit
with
the
Clergy
in
Convocation
,
and
to
have
Conusance
of
such
things
as
they
meant
to
establish
,
that
nothing
might
be
done
in
prejudice
of
their
Authority
[
†
](A26154-e62130-b)
†
P.
[
111.
]
.
And
if
so
,
he
could
not
but
see
,
that
they
were
us'd
to
do
some
other
Business
beside
Taxing
themselves
;
for
here
again
I
humbly
conceive
,
that
neither
were
these
Commissioners
sent
to
restrain
the
Clergy's
Liberality
.
To
convince
the
Reader
yet
further
,
that
the
Clergy
,
when
met
,
had
other
things
beside
Taxes
to
consider
of
,
I
shall
direct
him
to
those
very
Instances
brought
by
Dr.
Wake
to
shew
they
had
not
:
I
shall
examin
All
his
Proofs
of
this
kind
drawn
from
the
Practice
of
Modern
Synods
,
and
by
Them
shall
leave
the
Reader
to
judge
how
fairly
he
has
dealt
with
the
Antient
ones
.
That
I
may
not
be
thought
(
says
he
[
*
](A26154-e62220-b)
*
P.
142.
)
to
speak
at
all
Adventures
,
I
will
offer
an
Instance
or
two
of
it
.
The
Convocation
that
met
the
first
of
King
Iames
the
First
,
was
by
Prorogation
continu'd
from
time
to
time
for
seven
years
together
.
Yet
except
it
were
in
his
first
year
,
we
do
not
hear
of
any
great
Business
that
was
done
by
them
more
than
that
of
granting
Subsidies
.
But
I
am
well
satisfy'd
that
he
speaks
at
all
adventures
from
this
very
Instance
.
For
[
*
](A26154-e62260-b)
*
Book
X.
p.
28.
Fuller
seems
to
say
,
that
the
Acts
of
this
Convocation
were
lost
even
in
his
time
;
and
if
so
,
Dr.
Wake
must
needs
be
a
Bold
Adventurer
,
to
pretend
to
say
what
was
,
or
was
not
done
in
it
.
Besides
,
had
he
spoken
out
,
and
told
us
plainly
,
what
that
Business
was
they
did
in
their
first
year
,
it
would
have
given
us
some
account
why
they
might
possibly
have
layn
still
a
good
while
afterwards
.
For
that
Business
was
no
less
than
the
setling
the
whole
Discipline
of
the
Church
in
a
Body
of
an
hundred
and
forty
one
Canons
then
drawn
up
,
which
was
one
of
the
Greatest
Works
that
ever
any
English
Convocation
had
before
them
:
and
having
finish'd
it
therefore
,
it
would
have
been
no
wonder
,
if
they
had
discontinu'd
their
Debates
for
some
time
without
entring
on
any
thing
that
was
Material
.
If
they
had
no
Business
to
do
,
we
cannot
expect
that
they
should
have
made
Business
on
purpose
to
do
it
.
But
after
all
it
so
happens
that
we
can
certainly
prove
this
Convocation
to
have
sat
and
done
Business
,
and
that
of
a
very
Important
Nature
:
for
in
1606
Bishop
Overall's
Convocation-Book
pass'd
it
;
a
Work
,
considerable
in
it self
;
but
made
yet
more
considerable
by
the
Event
that
attended
the
Publication
of
it
.
And
throughout
all
the
rest
of
the
Time
,
that
they
were
Employ'd
,
or
at
least
sitting
,
and
in
a
Readiness
to
do
Business
,
as
it
should
happen
,
appears
from
the
Bishop
of
St.
David's
Speech
in
1604
,
about
the
Use
of
the
Cross
[
*
](A26154-e62320-b)
*
There
is
mention
of
this
Speech
in
the
Preface
to
Pool
's
Sermon
about
Spiritual
Worship
.
He
speaks
of
it
as
made
in
1604
;
tho'
otherwise
I
should
have
plac'd
it
at
the
Time
when
the
Canons
were
passing
.
The
Speech
it self
,
and
some
Account
of
it
is
among
the
Manuscripts
Bodl.
Bibl.
n.
8069
▪
From
which
Paper
we
might
certainly
learn
when
it
was
spoken
,
but
I
have
not
consulted
it
.
,
(
which
shews
that
matter
was
then
re-debated
)
;
from
the
strict
Attendance
paid
by
the
Members
of
the
Lower
House
(
Three
of
which
were
Excommunicated
by
Archbishop
Bancroft
in
1605
,
on
the
account
of
their
Absence
,
and
absolv'd
from
that
Sentence
the
year
afterwards
[
†
](A26154-e62400-b)
†
See
Registr.
Banc.
oft
.
fol.
138
,
139
▪
)
;
from
the
Messages
sent
by
King
Iames
at
several
times
to
them
(
with
Two
of
which
relating
to
the
Articles
of
1562
,
and
Cathedral
Service
,
Dr.
W.
himself
has
kindly
furnish'd
us
[
‖
](A26154-e62470-b)
‖
P.
110.
)
;
and
from
the
Applications
made
by
the
Clergy
to
the
King
;
One
Instance
of
which
[
their
Petition
against
Prohibitions
[
*
](A26154-e62490-b)
*
Append
▪
Numb
.
VI.
]
I
have
already
given
the
Reader
.
So
that
no
Instance
could
be
more
unfortunately
pitch'd
upon
by
Dr.
Wake
than
this
:
Let
us
see
whether
he
is
more
lucky
in
that
which
follows
.
His
next
Words
are
,
In
King
Charles
the
First
's
time
there
were
but
Few
Parliaments
,
and
therefore
we
are
not
to
look
for
Convocations
in
that
,
[
†
](A26154-e62540-b)
†
P
142.
.
In
the
first
sixteen
years
of
King
Charles
the
First
there
were
five
New
Parliaments
chosen
,
and
as
many
Convocations
;
and
every
One
of
those
Convocations
met
,
and
sat
,
and
we
know
who
were
the
Prolocutors
in
each
of
them
.
The
first
of
these
five
[
*
](A26154-e62560-b)
*
Anno
1625.
See
Fuller
.
C.
H.
Book
.
XI
.
p.
108.
was
hindred
from
doing
much
Business
by
the
Plague
which
then
reign'd
;
and
the
Last
,
by
a
Select
Committee
for
Alterations
,
which
sat
in
the
Ierusalem-Chamber
of
the
Deanery
of
Westminster
,
and
was
set
on
foot
to
supplant
the
Use
of
Synods
.
And
yet
even
in
these
Two
,
Motions
were
made
[
†
](A26154-e62610-b)
†
Some
Instances
of
this
kind
Fuller
takes
notice
of
.
Ibid.
&
p.
172.
,
and
Debates
held
,
tho'
no
Synodical
Conclusions
were
form'd
;
and
in
all
the
Five
[
‖
](A26154-e62640-b)
‖
In
the
Convocation
of
1628
:
Pryn
says
,
that
Dr.
Jackson
was
accus'd
of
Arminianism
,
Append.
to
Anti-Arminianism
.
at
least
so
much
Business
was
done
,
as
made
their
Title
good
to
do
more
,
if
they
thought
fit
:
for
I
must
here
and
every
where
put
this
Gentleman
in
mind
,
that
there
is
a
great
deal
of
Business
for
Convocations
to
do
,
besides
framing
Constitutions
.
However
even
That
Business
it self
was
done
in
One
of
these
Assemblies
,
the
Convocation
of
1640
;
where
also
their
Jurisdiction
was
exercis'd
in
a
very
Notable
Instance
,
the
Suspension
of
the
Bishop
of
Gloucester
[
*
](A26154-e62700-b)
*
See
Heylin
.
Cypri●n
.
Angl.
.
Dr.
Wake
takes
no
notice
of
these
things
,
but
slips
quietly
over
this
Reign
to
the
next
.
—
In
which
,
he
says
,
upon
King
Charles
the
Second's
Return
,
the
Famous
Convocation
of
1660
met
,
to
remedy
those
Disorders
which
the
Civil
Wars
had
occasion'd
.
In
order
whereunto
it
was
necessary
for
them
at
first
to
settle
the
Affairs
of
the
Church
:
but
that
being
done
,
they
were
by
the
King
's
Writ
Prorogu'd
Eighteen
times
successively
;
and
it
does
not
appear
by
the
Journal
of
it
,
which
I
have
seen
,
that
any
thing
Material
was
done
in
it
afterwards
.
He
has
seen
a
Journal
,
it
seems
,
where
there
are
no
Memorandums
of
any
thing
done
;
and
from
that
Empty
Journal
One
would
think
that
he
had
learnt
all
his
skill
in
the
Business
of
Convocations
.
But
had
not
something
else
been
as
Empty
as
that
Journal
,
he
would
sure
have
foreborn
giving
this
as
an
Instance
how
Convocations
have
been
employ'd
,
whilst
they
were
us'd
to
assess
themselves
(
which
is
his
profess'd
Design
in
producing
it
[
*
](A26154-e62800-b)
*
See
Pag.
141.
)
,
when
all
these
Eighteen
Prorogations
were
after
they
began
to
be
Tax'd
by
Parliament
;
and
all
of
them
were
with
the
Good
will
and
Consent
of
the
Clergy
,
who
by
the
Favour
of
their
Prince
,
and
the
Assistance
of
the
Parliament
,
had
in
the
first
year
of
their
Sitting
done
so
much
,
that
little
or
no
Church-work
might
remain
upon
their
Hands
for
several
succeeding
years
.
And
yet
in
All
those
years
they
were
not
Idle
for
want
of
an
Opportunity
of
being
otherwise
;
for
they
observ'd
their
Forms
all
along
,
met
with
every
Parliament
,
and
said
their
Prayers
together
,
and
when
their
Prolocutor
dy'd
,
chose
a
new
one
;
as
even
that
Journal
the
Doctor
perus'd
,
as
Empty
as
it
was
,
would
have
taught
him
;
if
I
guess
right
at
the
Quiver
from
whence
this
Blunt
and
Harmless
Arrow
was
drawn
.
Now
the
observing
these
Forms
,
whatever
Apprehensions
Dr.
Wake
may
have
of
it
,
yet
several
of
his
Brethren
of
the
Clergy
think
to
be
very
Material
;
as
being
a
step
to
that
which
is
confessedly
so
,
and
preserving
the
Body
in
their
Legal
Capacity
of
Acting
,
as
there
shall
be
Occasion
.
Particularly
that
part
of
the
Solemnity
,
the
Opening
of
the
Assembly
with
Prayers
and
a
Sermon
,
as
it
is
a
matter
of
great
Decency
,
so
is
it
of
some
Use
also
;
the
uttering
of
these
Discourses
from
the
Pulpit
having
been
generally
the
Province
of
the
Lower
Clergy
,
who
took
the
liberty
at
such
times
to
lay
the
State
of
the
Church
before
the
Fathers
and
Governours
of
it
very
nakedly
and
plainly
,
and
freely
to
expostulate
with
them
about
any
Neglects
or
Mismanagements
,
they
might
observe
to
prevail
.
I
shall
give
the
Reader
a
few
Instances
of
the
Freedom
practis'd
on
that
occasion
,
which
may
satisfie
him
that
it
had
its
Uses
in
some
special
Junctures
;
and
may
be
as
serviceable
again
,
when
the
same
Corruptions
shall
have
got
into
the
Church
;
as
it
is
possible
that
they
sometime
or
other
may
,
tho'
at
present
we
are
never
so
free
from
them
.
The
Passages
of
this
kind
I
shall
take
notice
of
,
are
in
Pieces
not
easie
to
be
met
with
;
and
should
therefore
my
Transcripts
from
thence
be
somewhat
large
,
I
hope
they
will
not
be
thought
tedious
;
the
Christian
Courage
,
Integrity
,
and
Zeal
that
animates
these
Awakening
Discourses
will
be
my
Apology
for
producing
so
much
of
them
,
and
for
doing
it
here
in
the
Body
of
the
Book
,
without
referring
the
Reader
for
a
sight
of
them
to
an
Article
in
the
Appendix
.
Oratio
habita
a
D.
Ioanne
Colet
Decano
S.
Pauli
ad
Clerum
,
in
Convocatione
,
Anno
M.
D.
XI
.
Pag.
1.
Accessi
hodie
,
Patres
,
admonendi
vestri
gratiâ
,
ut
de
reformatione
Ecclesiae
,
in
illo
vestro
Concilio
toto
animo
cogitetis
.
5.
In
ipsis
Dignitatibus
qui
sunt
,
plerique
corum
incedunt
vultu
adeo
erecto
,
&
oculis
tam
sublimibus
ut
non
in
humili
Praesulatu
Christi
,
sed
in
alto
dominatu
mundi
positi
esse
videantur
,
non
agnoscentes
,
nec
animadvertentes
,
quidnam
magister
humilitatis
Christus
dixerit
discipulis
suis
,
qu●s
vocavit
ad
Praesulatum
;
Principes
Gentium
,
&c.
vos
autem
non
sic
.
Quibus
verbis
docet
plane
Magisterium
●●
Ecclesiâ
nihil
aliud
esse
quàm
Ministerium
,
&
Primatum
in
Ecclesiastico
homine
nihil
esse
aliud
quam
humilem
Servitutem
.
7.
Oh
Avaritia
!
ex
te
onerosae
Visitationes
Episcoporum
,
ex
te
Corruptiones
Curiarum
,
&
inventiones
istae
quotidiè
novae
quibus
miser
populus
devoratur
.
Oh
Avaritia
mater
omnis
iniquitatis
!
à
te
procacitas
,
&
petulantia
Officialium
,
ex
te
in
Ordinariis
illud
ardens
studium
amplificandae
suae
Iurisdictionis
,
ex
te
in
Ordinariis
ista
insana
&
rabiosa
contentio
de
Insinuatione
Testamentorum
,
ex
te
Intempestivae
Sequestrationes
,
ex
te
ista
superstitiosa
observatio
Legum
earum
quae
Lucrosae
sunt
,
posthabitis
iis
quae
ad
Emendationem
Morum
spectant
.
8.
Faciem
Ecclesiae
maculat
assidua
Occupatio
Secularis
,
in
qua
se
implicant
multi
Sacerdotes
&
Episcopi
,
Servi
magis
Hominis
quam
Dei
—
nihil
audent
nec
facere
,
nec
dicere
,
nisi
ea
quae
noverint
suis
Principibus
grata
&
placentia
:
hinc
Ignorantia
&
Caecitas
,
quando
obcaecati
tenebris
hujus
seculi
nihil
vident
nisi
terrena
.
12.
Quare
vos
,
Patres
,
vos
,
Sacerdotes
,
vos
,
omnes
Clerici
expergiscimini
aliquando
ex
isto
vestro
somno
in
hoc
mundo
Lethargico
,
&
evigilantes
tandem
audite
Paulum
Clamantem
vobis
,
Nolite
conformari
huic
seculo
,
sed
reformamini
in
novitate
sensûs
vestri
[
*
](A26154-e63110-b)
*
The
Text.
.
Haec
autem
Reformatio
&
Restauratio
Ecclesiastici
Statûs
oportet
incipiat
à
Vobis
Patribus
nostris
,
&
sic
deinceps
in
nos
Sacerdotes
vestros
derivetur
.
Ad
Vos
spectamus
tanquam
ad
Signa
directionis
nostrae
,
in
vobis
&
in
vitâ
vestrâ
cupimus
legere
,
tanquam
in
vivis
libris
,
quonam
pacto
ipsi
vivamus
:
Quare
si
volueritis
videre
Festucas
nostras
,
priùs
tollite
Trabes
de
oculis
vestris
.
13.
Nullum
est
erratum
cui
Patres
optima
remedia
non
providerunt
.
Non
est
opus
ergo
ut
novae
Leges
&
Constitutiones
condantur
,
sed
ut
serventur
conditae
.
Quare
in
vestrâ
illâ
Congregatione
recitentur
leges
quae
sunt
editae
:
imprimis
recitentur
leges
quae
admonent
vos
Patres
ne
manus
vestras
citò
alicui
imponatis
—
Recitentur
leges
quae
jubent
ut
Beneficia
Ecclesiastica
dignis
conferantur
.
Recitentur
Leges
quae
militant
contrà
Simoniacam
Labem
.
16.
Ante
omnia
verò
recitentur
Leges
quae
pertinent
&
spectant
ad
Vos
reverendos
Patres
&
dominos
Episcopos
;
Leges
de
justâ
&
Canonicâ
Electione
Vestrâ
in
capitulis
Ecclesiarum
cum
invocatione
divini
spiritûs
:
nam
praeterea
quod
hoc
non
fit
his
diebus
,
&
quia
saepe
eliguntur
Praelati
magis
favoribus
hominum
quam
Dei
gratiâ
,
idcirco
habemus
certè
nonnunquam
Episcopos
parum
Spirituales
,
homin●s
magis
Mundanos
quam
Coelestes
,
sapientes
magis
spiritum
hujus
Mundi
quam
spiritum
Christi
.
17.
Recitentur
Leges
de
residentiâ
Episcoporum
in
diaecesibus
suis
—
Renoventur
postremò
istae
Leges
&
Constitutiones
patrum
de
celebratione
conciliorum
,
18.
Quâ
quidem
in
re
vos
potissimum
debitâ
reverentiâ
,
Patres
,
appello
;
nam
ista
legum
Executio
à
vobis
incipiat
oportet
—
Vos
autem
si
servaveritis
leges
,
sique
ad
normam
&
regulam
Canonum
vitam
vestram
imprimis
reformaveritis
,
tùna
dabitis
nobis
lumen
in
quo
quid
nobis
faciendum
sit
videamus
,
lumen
videlicet
optimi
exempli
vestri
;
nosque
videntes
Patres
nostros
servare
leges
,
libenter
Patrissabimus
.
21.
Considerate
miseram
Ecclesiae
formam
&
Statum
,
&
in
ejus
reformatione
totis
animis
incumbite
;
Nolite
,
Patres
,
nolite
sinere
istum
vestrum
tam
celebrem
Conventum
abire
in
vanum
;
nolite
pati
istam
vestram
congregationem
elabi
in
nihilum
:
congregamini
quidem
saepe
,
sed
(
ut
vestrâ
pace
quod
verùm
est
dicam
)
quis
adhùc
fructus
praesertim
Ecclesiae
ex
istiusmodi
conventibus
est
consecutus
?
ite
modo
in
Spiritu
,
quem
invocastis
,
ut
ejus
auxilio
adjuti
in
isto
vestro
Concilio
possitis
ea
excogitare
,
statuere
,
decernere
,
quae
sint
Ecclesiae
utilia
,
quae
vobis
laudi
,
quae
Deo
honori
.
Oratio
ad
Pontifices
Londini
in
Aede
Paulinâ
An.
Dom.
1553.17
.
Id.
Apr.
per
Nic.
Grimoaldum
.
Impressum
1583.
Londini
.
7.
Nescio
quo
fato
fieri
dicam
,
Patres
praeclarissimi
,
etiam
vobis
praesidentibus
,
qui
eruditionis
gloriâ
floretis
,
in
quâvis
Diocesi
plures
ut
inveniantur
Legum
Sacrarum
expertes
Sacrifici
quam
intelligentes
.
Num
vos
etiamdum
,
Praesules
,
ad
hunc
honestissimum
ordinem
atque
pulcherrimum
,
illiberale
&
imperitum
genus
hominum
aggregatis
?
—
8.
Vestrarum
hoc
partium
est
,
Pontifices
,
fovendo
gnaros
,
repudiando
rudes
,
efficere
ut
vel
vulgus
hominum
intelligat
,
quid
sit
bonis
artibus
excoli
.
10.
Cogitate
Vos
esse
eos
unde
sibi
&
Populus
,
&
Reges
,
&
Cives
omnes
consilium
de
maximis
gravissimisque
rebus
expectant
:
loquendum
est
liberè
,
&
admonendum
;
debere
Reges
erudiri
rectam
ut
sententiam
ferre
possint
;
debere
Principes
viros
convenire
,
Domino
ut
inserviant
;
debere
eos
sanciendis
promulgandisque
legibus
ostendere
se
fidem
habere
Deo
,
se
Remp.
&
quidem
Christianam
tueri
,
amplificare
,
&
confirmare
:
Scilicet
summum
Deum
odisse
malorum
Ecclesiam
,
eòsque
qui
non
stant
ab
illius
partibus
,
contrarios
illi
&
adversarios
esse
,
&
plane
perduellionis
reos
.
11.
Quò
minor
est
rerum
bonarum
cura
,
quo
major
est
doctorum
virorum
paucitas
,
eò
vos
haec
ipsa
def●ndite
diligentiùs
.
In
Patriam
&
Remp.
intuemini
,
Patres
,
cui
dati
estis
à
Deo
Gubernatores
.
Scelerati
&
flagitiosi
omnia
referre
solent
ad
utilitatem
propriam
,
nec
facile
possunt
animum
inducere
ut
agant
emninò
aliquid
gratui●ò
:
Vir
pius
tamen
&
religiosus
non
commoditates
suas
quaerit
,
sed
totus
est
in
juvandis
aliis
occupatus
—
Estis
Sal
terrae
,
condite
caeteros
:
Estis
Lux
orbis
,
lucete
aliis
:
Estis
Duces
,
praeite
viam
reliquis
.
Estis
Angeli
Dei
Op.
Max.
nunciate
ingentem
laetitiam
futuram
toti
Populo
.
Estis
divinorum
arcanorum
dispensatores
,
scienter
id
facite
,
&
fideliter
.
Reverendi
Patres
Episcopi
,
facile
est
Episcoporum
habere
nomen
,
rem
praestare
profectò
difficile
:
vestro
si
vultis
officio
perfungi
,
oportebit
docendo
,
monendo
,
emendando
,
suadendo
,
deterrendo
,
disputando
,
aliisque
multiplicibus
ministeriis
,
obire
labores
maximos
,
tolerare
vigilias
,
excubare
,
animis
concoquere
longa
taedia
,
pati
contumelias
improborum
,
&
versari
etiam
in
vitae
discrimine
—
quare
jam
inde
ab
hoc
tempore
usque
ad
occasum
vitae
,
extremúmque
spiritum
nunquam
divelli
vos
à
tam
praeclaro
instituto
patiamini
.
Non
ita
multos
abhinc
annos
in
eo
fuistis
multi
,
ut
quos
possetis
ab
Operum
Nitelis
averteretis
,
à
Peregrinatione
Religionis
ergô
,
à
Lucernis
ad
Statuas
affigendis
,
à
Lustrali
Aqvulâ
,
Missa
Papisticâ
,
&
id
genus
aliis
rebus
:
superest
,
Patres
,
sicut
anteà
disceptatum
est
cum
Superstitione
,
nùnc
ut
cum
Impietate
certetur
;
sicut
antè
disceptatum
est
de
ma●e
collocatis
Operibus
,
nùnc
querela
fiat
de
amissis
benefactis
,
&
nusquàm
ferè
comparentibus
;
sicut
anteà
declamatum
est
in
Idola
,
&
Cultus
execrabiles
,
nùnc
in
illum
pestilentissimum
Deastrum
Mammonem
declamitetur
.
Nam
quod
Tempus
simile
Temporum
nostrorum
?
Quot
●odiè
solent
alienas
invadere
facultates
?
eatenùs
amplectuntur
plerique
Religionem
,
quatenùs
quaestum
ex
eâ
commodúmque
faciant
.
Ut
distrahuntur
Opes
Ecclesiasticae
!
Sacerdotiorum
quam
frequens
est
Nundenatio
!
Venalia
Templa
sunt
,
Venales
Ecclesiae
.
14.
Nam
quid
ad
haec
dicemus
Auditores
optimi
?
Scholarum
&
magistrorum
quibus
carere
Christianae
civitates
nullo
modo
possunt
,
cur
dilaniari
sinitis
alimoniam
&
viscera
?
quid
de
vobis
judicabit
atque
sentiet
Posteritas
,
tantam
audaciam
si
non
coercebitis
?
quoüsque
conceditis
hanc
licentiam
?
Quousque
comprobabitis
quae
Avarissimus
quisque
concupivit
?
Si
potestis
parùm
,
saltem
cohibete
Assensiones
,
ne
participetis
eorum
facta
.
Si
potestis
ampliùs
extinguite
crescentem
flammam
,
ne
deinde
Victrix
ad
Domorum
&
Templorum
Tecta
subsiliat
.
—
Agite
,
O
Praesides
,
&
Procuratores
Ecclesiae
,
per
Deum
Immortalem
agite
.
—
16.
Vident
certè
multi
quî
possit
ex
hisce
malis
eripi
Ecclesia
,
sedent
tamen
compressis
manibus
,
secúmque
(
ut
dicitur
)
vivunt
.
19.
Si
estis
Episcopi
,
circumspectate
quid
à
famulis
,
quid
à
liberis
,
quid
à
ministris
Ecclesiasticis
,
quid
à
Magistratibus
,
quid
agatur
à
populo
.
Si
estis
exploratores
,
Exquirite
Papistas
,
investigate
Anabaptistas
,
Libertinos
,
&
Haereticos
omnes
deprehendite
,
corrigite
,
fugate
,
fundite
.
Si
Legati
estis
,
Imperata
peragite
;
Si
Custodes
omnium
,
custodite
Domini
vestri
Ovilia
,
&
quidem
integra
,
ut
ne
partim
foveantur
,
partim
deserantur
.
23.
Iam
nùnc
penes
vos
erit
vestróque
in
arbritrio
positum
,
aut
Ecclesiae
Proceres
praeclarissimos
,
aut
Custodes
inertes
&
negligentes
in
perpetuum
appellari
.
Quapropter
excitate
Spiritus
;
Erigite
capita
;
aures
,
oculos
,
animósque
advertite
;
omnia
collustrate
;
in
toto
regno
religionem
confirmate
;
Literas
,
Leges
,
virtutesque
conserite
.
Vos
si
in
speculis
forte
stetistis
Episcopi
,
jamdudum
sentire
potuistis
pleraque
in
Ecclesiâ
agi
raptim
,
atque
turbatè
,
sine
more
,
sine
ordine
.
Quid
ergo
?
quid
existimatis
,
gravissimi
viri
?
desiderari
nullas
Leges
Ecclesiasticas
?
24.
Necesse
habetis
pro
eâ
conditione
in
quâ
positi
estis
maleficia
palàm
patrata
palàm
arguere
,
neque
personarum
in
eâ
re
discrimen
habere
ullum
.
—
Vos
cùm
excluseritis
eos
è
Christianorum
conventiculo
,
docebitis
populum
ea
sancta
credere
,
quae
ab
istis
violari
solent
.
26.
Contra
horum
Luporum
omnium
incursus
quam
paratis
defensionem
,
Patres
?
&
quos
tandem
opponitis
adversarios
?
O
rem
miseram
,
atque
miserandam
▪
ad
Ecclesiarum
procurationem
admoventur
non
Patroni
,
Tutores
,
Defensores
;
sed
praedones
,
hostes
,
proditores
;
Qui
non
quàm
ipsi
boni
sint
curant
,
sed
quàm
bonum
Sacerdotium
.
—
Mirer
si
est
vana
ferè
vestra
,
Pontifices
apud
plebem
authoritas
?
Vos
elevatis
eam
.
Quippe
quia
muneribus
&
emolumentis
Ecclesiasticis
dum
vultis
vobis
devincire
nescio
quos
ex
alieno
genere
atque
ordine
,
efficitis
ut
minùs
possitis
ipsi
,
&
estis
majori
despicatui
.
Qui
aliis
Exemplo
esse
debetis
,
aliorum
Exemplo
peccabitis
potiùs
quàm
alii
vestro
rectè
faciant
?
His
ego
jucundiora
&
plausibiliora
dictu
alia
esse
scio
,
sed
me
vera
&
seria
pro
jucundis
&
plausibilibus
loqui
,
etsi
meum
ingenium
non
juberet
,
necessitas
Cogit
.
29.
Ipsa
Patria
sic
vobiscum
,
Pontifices
,
agit
&
quodammodo
tacita
loquitur
.
—
Quid
agitis
Antistites
?
Vobis
non
modo
inspectantibus
,
sed
etiam
assentientibus
labefactabitur
Ecclesia
vera
?
31.
Veniat
in
mentem
,
vestra
quid
polliceatur
professio
,
quid
noti
,
quid
ignoti
,
quid
expectent
à
vobis
omnes
;
quid
Regia
Majestas
,
quid
ejus
Consiliarii
,
quid
ipsa
Resp.
postulet
.
—
Vae
vobis
,
si
aut
ignaviâ
vestrâ
,
aut
vitio
pusilli
animi
,
aut
quovis
alio
modo
perdideritis
Oviculas-Date
diligenter
operam
,
timete
Mortalium
neminem
.
Concio
ad
Clerum
in
Synodo
Provinciali
Cantuariensis
Provinciae
ad
D.
Pauli
,
Die
XX.
Febr.
A.
D.
MDXCIII
.
per
Lancelotum
Andrews
Theol.
Doct.
Inter
Opuscula
,
Edit.
Lond.
1621.
Act.
XX.
28.
Attendite
Vobis
,
&
Universo
Gregi
in
quo
Vos
Spiritus
Sanctus
posuit
Episcopos
,
&c.
P.
27
,
28.
NEque
verò
haec
Apostolus
—
Viderat
procul
dubio
,
viderat
alicubi
in
Synodo
remissas
quorundam
manus
,
soluta
genua
:
Viderat
nonnullos
in
Asiâ
,
quorum
nos
hic
in
Angliâ
non
paucos
videmus
,
ad
Munus
suum
vel
non
satis
attendentes
,
vel
non
satis
acri
tendentes
animo
—
Ita
ferè
animati
sumus
,
ita
(
ut
eleganter
Augustinus
)
secum
quisque
loquitur
,
Quid
ad
me
pertinet
?
quisque
quid
velit
,
agat
;
Victus
meus
●alvus
erit
,
&
Lac
&
Lana
;
Satis
est
mihi
,
eat
Ecclesia
quà
potest
.
Hoc
malum
sub
Sole
est
,
Patres
;
ab
hoc
verò
malo
est
quicquid
usquam
est
mali
.
Cladem
Ecclesiae
sic
orditur
Christus
in
Parabolâ
Zizaniorum
,
cùm
Dormirent
Homines
.
Scio
quidem
accessit
Invidia
Daemonis
;
sed
substrata
illi
causa
,
Desidia
Hominis
.
Nam
certè
quae
fuerunt
unquam
Gregis
Dispersiones
,
aut
agri
Zizaniis
oppleti
,
vel
luxatae
in
Ecclesiâ
trabes
,
&
tecta
perstillantia
,
ab
hoc
malo
fuerunt
omnia
.
Etiam
Nos
,
Patres
,
dum
▪
semisomnes
hic
sedemus
,
(
quanquam
somnu
non
fuit
,
vidimus
enim
)
;
dum
videmus
ergo
,
sed
tamen
tepidi
&
tacentes
sede●us
,
nescio
quae
portenta
Opinionum
invaluerunt
hic
apud
Nos
,
nulli
priscorum
a●dita
vel
visa
,
&
vulgi
a●res
animósque
occuparunt
;
ac
jam
Zizania
scilicet
Zizania
non
sunt
;
Fruges
sunt
.
Cura
certè
nobis
,
si
non
Cor
defuit
;
&
eodem
redit
,
venienti
malo
vel
non
attendere
per
oscitantiam
,
vel
non
contra
tendere
per
vecordiam
.
P.
29.
Neque
verò
laeta
magis
Ecclesiae
facies
,
aut
quam
videre
malles
,
quàm
cùm
Timotheos
habuit
,
qui
rem
Gregis
germanè
accurabant
;
neque
verò
tetra
magis
aut
funesta
facies
Ecclesiae
,
quàm
cùm
Galliones
habuit
,
quibus
nihil
illorum
curae
,
quibus
súsque
déque
quid
fieret
Ecclesiae
.
P.
31.
Et
est
in
Vobis
Cura
,
est
Attentio
vestri
;
quis
negat
?
Satis
enim
Vos
vobis
attendere
,
&
rei
vestrae
,
populi
V●x
est
;
satis
Vos
strenuè
ditandis
filiis
,
dotandis
filiabus
attendere
:
tam
verò
Vos
hâc
ex
parte
attentos
esse
,
ut
Haeredum
magna
sit
Vobis
attentio
,
Successorum
exigua
(
etsi
quae
exigua
est
,
aliqua
est
)
;
[
imò
]
ut
prae
Haeredum
attentione
,
nulla
sit
Successorum
.
Attendere
,
hoe
quidem
est
;
sed
vereor
ut
Pauli
sit
.
—
P.
(
31.
)
Omnium
in
Vos
Oculi
atque
Or●
conversa
sunt
—
Quod
si
quis
in
vestro
illo
tam
sancto
ac
venerando
Ordine
malae
frugis
,
si
quis
Dilapidator
Aerarii
sacri
,
si
quis
Polygamus
,
s●
Nepos
,
si
Falsarius
,
si
F●●nerator
,
si
caupo
Beneficiorum
;
latè
se
spargit
Exemplum
,
&
nimis
facile
responsum
,
Idem
hoc
Episcopus
noster
factitavit
.
—
P.
32.
Haec
ad
Vos
de
Vobis
.
De
Grege
jam
vestro
superest
sermo
alter
.
—
Omninò
auditur
Susurrus
iste
in
vulgo
(
utinam
falsò
)
;
Ubi
Vestra
res
agitur
,
si
quid
in
Titulos
,
in
Statum
,
in
Dignitatem
Vestram
tentatur
,
si
periclitatur
pars
vestra
in
redargutionem
venire
;
ut
ille
,
praecedenti
capite
,
pro
Dianâ
sud
,
itidem
&
Vos
mirum
in
modum
satagere
;
non
labori
,
non
sumptui
parcere
,
non
attentioni
ulli
:
de
Grege
verò
non
perinde
sollicitos
esse
.
Etiam
hoc
quoque
dicitur
,
ad
illos
Consessus
vestros
&
Consistoria
,
si
vestrûm
cujusquam
privata
res
agatur
,
sive
lucrum
est
,
sive
vindicta
,
alacres
,
●●rectos
,
attentos
advolare
Vos
,
ac
vehementer
quidem
perorare
:
sin
aliquid
in
commune
tractandum
▪
si
collatis
sententiis
deliberandum
,
vel
nequid
Ecclesia
detrimenti
capiat
,
vel
cùm
quid
Ecclesia
detrimenti
c●pit
,
si
res
gregis
prae
manibus
est
,
concidere
illicò
attentionem
vestram
,
subducere
se
quemque
,
vel
non
interesse
,
vel
,
si
interest
,
tepidum
&
tacentem
sedere
&
obtorpescere
.
P.
37.
Attendite
,
inquam
,
idque
perpetuò
facite
;
Domi
quisque
in
speeuld
,
Foris
in
Visitatione
vestrâ
,
tùm
verò
in
Synodo
hìc
hodiè
,
vel
maximè
.
Synodorum
enim
vel
uno
hoc
attentionis
nomine
in
Ecclesiâ
illustre
semper
nomen
,
&
cùm
celebris
tùm
salubris
Authoritas
;
in
quibus
—
magnum
semper
remedium
extitit
ad
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Ecclesiae
.
Si
quando
enim
Murmur
in
eâ
exortum
,
hìc
sedatum
est
(
cap.
6.
)
;
si
quando
emersit
Haeresis
,
hic
profligata
est
(
cap.
15.
)
;
si
quando
quid
ullâ
in
re
cuiquam
Indulgendum
fuit
,
hìc
dispensatum
fuit
(
cap.
21.
)
.
Benedictus
Deus
,
qui
dedit
talem
Potestatem
Hominibus
!
Beati
verò
Homines
,
quibus
Potestate
hâc
datâ
legitimè
uti
fas
!
P.
40.
Proximè
post
hos
Attentionem
vestram
requirit
scelerata
illa
Simonis
&
Judae
fraternitas
;
Judae
,
quid
datis
mihi
?
quaerentis
;
Simonis
,
vel
pecuniam
,
vel
pejorem
pecuniâ
conditionem
offerentis
.
Nec
hoc
solum
in
Nobis
Minoritis
,
qui
sic
Rectorias
nostras
feri
paciscimur
;
sed
&
apud
Vos
Majoritas
,
quos
sic
Cathedras
vestras
,
nempe
vel
Pecuniarum
summis
,
vel
Ecclesiarum
spoliis
foedè
cauponari
vulgò
dictitant
.
Quo
morbo
malè
jamdiu
habet
&
audit
Ecclesia
nostra
?
nunquid
non
est
Resina
in
Gilead
?
quare
itaque
non
est
obducta
Cicatrix
Leprae
hujus
?
These
Three
Instances
,
taken
at
three
several
Distances
,
from
the
times
before
the
Reformation
down
to
the
Latter
End
of
Queen
Elizabeth
,
will
convince
the
Reader
,
that
the
Solemnity
of
opening
a
Convocation
,
is
it self
a
matter
of
some
Importance
,
and
which
would
deserve
carefully
to
be
kept
up
,
even
tho'
there
were
nothing
Material
to
be
done
in
Synod
afterwards
.
We
live
in
a
Preaching
Age
,
when
the
Devotion
of
People
runs
much
that
way
,
and
they
are
mightily
indulg'd
in
it
.
Pity
it
is
,
that
whilst
so
many
New
Discourses
of
this
kind
are
set
up
for
the
Laiety
,
this
One
good
Sermon
ad
Clerum
should
be
put
down
;
which
,
besides
that
it
has
some
Hundred
years
Prescription
to
plead
for
it self
,
is
at
least
as
edifying
an
Exercise
as
any
of
those
that
are
more
encourag'd
.
I
have
examin'd
all
the
Modern
Instances
produc'd
by
Dr.
Wake
in
behalf
of
his
Darling
Point
,
That
the
Chief
End
of
Convocations
is
to
give
Money
:
His
Elder
Accounts
would
afford
as
much
room
for
Reflection
,
if
it
were
worth
the
while
to
pursue
'em
as
minutely
.
But
I
suppose
there
is
no
great
need
of
proving
to
the
Reader
,
that
a
Writer
has
misled
him
in
Facts
of
an
Ancient
Date
,
when
I
have
shewn
that
he
has
done
it
in
things
that
have
hapned
within
our
Memories
,
and
under
our
Noses
.
For
he
that
will
impose
upon
a
Man
before
his
Face
,
will
certainly
do
it
behind
his
Back
;
and
the
more
out
of
his
Reach
he
is
,
the
more
he
will
do
it
.
It
is
said
,
his
Superiors
have
employ'd
him
in
an
Edition
of
these
Old
English
Councils
.
If
he
deals
with
them
as
ill
in
that
Edition
,
as
he
has
done
in
this
account
,
it
will
,
I
am
sure
,
be
the
faultiest
Book
in
the
kind
,
that
ever
was
Printed
;
and
so
far
from
mending
Sir
Henry
Spelman's
Collections
on
this
Head
,
that
it
will
be
worse
than
Mr.
Baxter's
.
However
,
should
he
discharge
the
Task
never
so
well
,
his
Hand
,
I
think
,
is
not
proper
to
be
employ'd
in
it
:
for
the
World
will
judge
it
a
Preposterous
thing
for
the
same
Pen
to
be
used
in
preserving
the
Memory
of
Old
Canons
,
and
writing
down
the
Priviledges
and
very
Being
of
Convocations
.
I
suppose
he
thinks
the
Mortal
Blow
is
now
given
to
the
Church
,
and
that
she
will
never
hereafter
speak
by
her
Provincial
Assemblies
;
and
therefore
,
as
the
way
is
to
give
accounts
of
Men
when
they
are
Dead
,
he
thinks
it
time
to
collect
the
Acts
of
a
Departed
Convocation
.
But
he
ought
to
be
sure
,
that
it
is
departed
,
before
he
enters
on
this
Task
:
for
should
it
ever
revive
and
sit
again
,
one
of
the
first
Requests
it
would
make
,
might
possibly
be
,
that
the
Work
should
be
taken
out
of
his
Polluted
Hands
:
Since
the
Church
cannot
hope
,
from
what
she
knows
of
him
,
that
his
Account
of
her
Synods
will
be
given
with
any
other
View
,
than
the
Learned
Fryer
wrote
the
History
of
that
of
Tre●t
;
on
purpose
to
expose
'
em
.
But
this
is
a
Distant
Concern
;
Our
Business
at
present
is
with
him
only
as
to
the
Treatment
which
these
Antient
Councils
have
found
from
him
,
in
the
Work
we
are
upon
:
and
upon
this
Head
,
I
shall
for
the
Reasons
already
given
,
trust
the
Reader
,
without
entring
into
the
Retail
of
it
;
adding
only
to
what
has
been
already
said
in
this
Chapter
,
one
short
Remark
—
That
from
Henry
the
Eighth
down
to
the
last
Unhappy
Prince
,
no
King
has
sat
on
the
Throne
,
who
did
not
allow
and
encourage
these
Meetings
of
the
Clergy
.
King
Iames's
Late
Reign
made
the
first
Exception
of
this
kind
;
when
Popery
and
Arbitrary
Power
being
determin'd
to
be
set
up
,
consequently
Parliaments
and
Convocations
were
laid
aside
,
from
whence
the
Greatest
Hindrance
to
those
Designs
was
most
likely
to
come
:
for
tho'
the
Clergy
wrote
Popery
out
of
the
Kingdom
,
in
a
smaller
time
than
they
could
be
expected
to
have
done
it
in
that
Method
;
yet
,
had
they
been
allow'd
to
sit
in
Convocation
,
they
had
probably
dispatch'd
the
Work
somewhat
sooner
.
But
the
Oppressive
Pattern
then
first
set
,
will
not
,
we
dare
say
,
by
our
Generous
Deliverer
be
follow'd
.
Frequency
of
Parliaments
has
been
the
distinguishing
Mark
and
Glory
of
his
Reign
;
and
it
will
add
some
small
Lustre
to
it
,
if
it
may
be
said
in
our
Annals
,
that
the
Liberties
of
Convocations
too
were
no
less
tenderly
preserv'd
.
We
question
not
,
but
so
Good
and
Gracious
a
Prince
,
and
so
great
a
Pillar
of
the
Protestant
Religion
,
will
in
this
respect
yield
to
the
Just
and
United
Desires
of
his
Clergy
,
when
they
are
sufficiently
made
known
to
him
.
No
Men
resisted
the
Encroachments
of
the
Late
Reign
more
than
They
;
no
Men
by
their
Labours
and
Zeal
contributed
more
to
our
present
happy
Establishment
;
and
they
have
reason
therefore
to
hope
for
their
share
in
the
Common
Benefit
of
it
.
CHAP.
VII
.
BUt
to
return
to
our
Business
—
Another
Objection
made
by
Dr.
Wake
against
the
Reasonableness
of
the
Clergys
Assembling
with
every
New
Parliament
,
is
,
That
when
this
was
Customary
,
they
were
a
Member
of
Parliament
;
but
not
being
so
Now
,
neither
is
there
the
same
reason
that
they
should
assemble
with
it
[
*
](A26154-e64270-b)
*
P.
106
,
107
,
&
(
284.
)
.
To
this
I
answer
,
that
the
words
Member
of
Parliament
,
may
be
taken
differently
,
as
they
signifie
either
an
Essential
Part
of
the
Legislature
,
whose
Consent
and
Authority
is
necessary
to
all
Laws
;
or
a
part
of
the
Great
Body
of
Parliament
,
assembled
by
the
same
Writs
,
at
the
same
time
with
it
,
but
to
some
special
Intents
and
Purposes
prescrib'd
by
our
Constitution
.
In
the
former
Sense
,
the
Clergy
are
not
,
nor
for
some
hundred
Years
have
been
;
in
the
latter
,
as
they
always
were
,
so
they
still
,
I
presume
,
are
a
Member
of
Parliament
:
Not
an
Intrinsick
Member
,
if
I
may
be
allowed
so
to
speak
,
or
Estate
of
Parliament
;
but
only
an
Extrinsick
Part
of
it
,
or
an
Estate
of
the
Realm
,
call'd
with
the
Parliament
always
,
and
attending
upon
it
;
who
have
a
Parliamentary
Right
of
Petitioning
,
and
Advising
within
their
proper
Sphaere
,
and
at
whom
Decrees
about
Matters
Spiritual
ought
regularly
to
begin
.
They
are
a
Lesser
Wheel
in
the
Machine
of
Government
,
that
is
acted
by
the
same
Springs
and
Weights
,
and
therefore
moves
and
ceases
together
with
the
Greater
,
but
has
peculiar
Ends
and
Offices
of
its
own
to
which
it
serves
.
Nor
is
this
to
be
wonder'd
at
,
for
even
the
States
of
Parliament
themselves
have
different
Powers
and
Priviledges
,
and
peculiar
Orbs
of
their
own
,
as
it
were
,
within
which
they
move
;
the
Lords
are
distinguish'd
by
their
Iurisdiction
,
and
the
Commons
by
their
Money
Bills
:
so
that
the
being
Member
,
Part
,
or
Parcel
of
Parliament
,
does
not
necessarily
imply
the
very
same
Parliamentary
Interests
and
Powers
.
And
the
Clergy
therefore
,
though
no
part
of
the
Civil
Legislature
,
nor
concern'd
directly
in
the
great
Affairs
of
State
transacted
in
Parliament
,
may
yet
in
other
Respects
,
and
to
other
Purposes
,
be
properly
reputed
and
styl'd
a
Member
of
Parliament
.
And
accordingly
I
have
shewn
,
that
they
have
been
thus
esteem'd
,
and
spoken
of
,
from
the
time
of
their
separation
downwards
;
and
even
by
Henry
the
VIII
.
himself
,
many
Years
after
their
submission
to
him
.
One
instance
of
this
kind
has
been
given
already
[
†
](A26154-e64390-b)
†
P.
59.
from
a
Proclamation
in
the
35
th
.
of
his
Reign
:
and
because
the
way
of
Wording
these
State-Papers
is
a
matter
of
great
Weight
and
Importance
,
I
shall
here
add
another
,
from
an
Original
Direction
of
the
same
Prince
to
his
Judges
,
then
about
to
go
their
Summer
Circuit
.
It
begins
thus
—
By
the
KING
.
Henry
R.
by
the
deliberate
Advice
,
Consultation
,
Consent
and
Agreement
as
well
of
the
Bishops
and
Clergie
,
as
by
the
Nobles
and
Commons
Temporall
of
this
our
Realme
,
assembled
in
our
High
Courte
of
Parliament
,
and
by
Auctorite
of
the
same
,
the
Abuses
of
the
Bishop
of
Rome
,
his
Auctoritie
and
Jurisdiction
of
long
tyme
usurped
against
Us
,
have
been
not
only
utterly
Extirped
,
Abolish'd
and
Secluded
,
but
also
the
same
Our
Nobles
and
Commons
,
both
of
the
Clergie
and
Temporaltie
,
by
another
several
Acte
,
and
upon
like
fundation
,
for
the
publique
Weal
of
this
our
Realme
,
have
united
,
knytte
,
and
annexed
to
Us
,
and
the
Corone
Imperiall
of
this
Our
Realme
,
the
Title
,
Dignite
and
Stile
of
Supreme
Hed
in
Erthe
,
immediately
under
God
of
the
Church
of
England
,
as
undoubtedly
evermore
we
have
been
:
Which
things
also
the
said
Bishops
and
Clergy
,
particularly
in
their
Convocations
,
have
wholly
and
entirely
consented
,
recogniz'd
,
ratify'd
,
confermed
and
approved
autentiquely
in
Writing
.
—
Sign'd
June
25.
And
that
this
Doctrine
was
still
good
,
and
the
Language
much
the
same
,
as
low
as
the
Restauration
of
C.
the
II.
the
Office
then
set
out
for
the
5
th
.
of
November
shews
;
where
mention
is
made
of
the
Nobility
,
Clergy
and
Commons
of
this
Realm
,
then
assembled
in
Parliament
[
†
](A26154-e64660-b)
†
Prayer
the
2
d.
:
For
to
say
,
that
by
the
Clergy
of
this
Realm
,
my
Lords
the
Bishops
only
are
intended
,
were
so
absurd
a
Gloss
,
that
even
Dr.
Wake
's
Pen
would
,
I
believe
,
be
asham'd
of
it
.
And
if
they
were
then
rightly
said
to
be
assembled
in
Parliament
,
they
may
as
rightly
be
said
to
be
so
assembled
still
:
and
if
assembled
in
Parliament
,
why
not
a
Member
of
Parliament
?
to
those
Intents
and
Purposes
,
I
mean
,
for
which
they
are
assembled
in
it
?
Dr.
Wake
will
be
pleas'd
to
answer
this
Question
at
his
Leisure
;
and
withal
to
inform
us
,
among
his
late
Meditations
on
the
Day
[
†
](A26154-e64750-b)
†
Serm.
on
the
5
th
.
of
Nov.
1699.
,
this
had
not
been
a
proper
one
.
His
Function
may
be
,
some
excuse
for
his
being
a
stranger
to
the
Language
of
the
Statute
Book
,
or
of
our
Manuscript
Records
:
but
not
to
have
so
much
Law
as
even
his
Common
Prayer-Book
would
have
furnish'd
him
with
,
is
,
let
me
tell
him
,
inexcusable
.
Dr.
Wake
's
Foundation
therefore
failing
,
the
Inference
he
builds
upon
it
falls
accourse
,
and
the
Argument
will
now
run
quite
the
other
way
;
that
,
because
the
Clergy
are
a
Part
,
or
Member
of
Parliament
(
in
a
qualify'd
Sense
)
therefore
they
ought
to
Assemble
with
it
.
However
,
since
that
Expression
is
invidious
,
and
liable
to
be
misconstru'd
,
I
willingly
wave
it
,
and
content
my self
to
say
,
that
,
though
the
Clergy
are
now
no
Member
or
Estate
of
Parliament
,
as
they
once
were
(
not
the
Third
,
as
Dr.
W.
ignorantly
talks
[
†
](A26154-e64860-b)
†
P.
151.
,
but
the
First
Estate
of
it
)
yet
are
they
still
an
Estate
of
the
Realm
,
necessarily
attendant
on
the
Parliament
;
and
have
attended
as
such
,
whenever
a
new
Parliament
was
called
,
from
the
time
that
they
left
off
to
be
an
Estate
of
Parliament
,
till
within
a
few
Years
past
,
with
few
Exceptions
to
the
contrary
;
and
with
none
,
from
the
Reign
of
Henry
the
VII
.
to
that
of
his
present
Majesty
.
And
this
prescription
of
some
hundred
Years
has
given
them
an
undoubted
Right
of
being
summon'd
,
and
sitting
as
often
as
a
Parliament
is
summon'd
and
sits
,
though
they
are
not
a
Member
,
or
Estate
of
Parliament
.
No
more
than
this
need
be
said
,
to
remove
the
Objection
.
But
I
design
not
barely
to
answer
Dr.
Wake
,
but
moreover
to
give
the
Reader
every
where
as
Comprehensive
a
View
of
the
Subject
in
Debate
,
as
the
short
compass
of
this
Work
will
allow
of
;
and
shall
take
occasion
therefore
from
hence
to
deduce
an
Account
of
the
Interest
which
the
Lower
Clergy
have
had
all
along
in
these
State
Meetings
.
'T
is
a
point
that
well
deserves
our
Reflections
;
and
Dr.
Wake
therefore
,
according
to
his
instructive
way
,
has
said
nothing
of
it
:
No
body
had
gone
before
him
,
and
common
plac'd
our
Historians
,
and
Manuscript
Authorities
to
his
hand
on
this
Argument
;
and
he
never
ventures
to
break
the
way
,
or
to
give
us
any
part
of
Learning
,
but
what
has
born
the
test
of
Time
,
and
is
warranted
by
at
least
an
hundred
Years
usage
.
A
compleat
State
of
this
point
is
not
to
be
expected
in
a
Digression
;
all
I
can
do
here
is
,
to
lay
before
the
Reader
some
of
the
most
Material
Passages
to
this
purpose
,
that
have
occurr'd
to
me
in
our
Histories
and
Records
,
and
to
add
here
and
there
a
few
cursory
Remarks
upon
them
:
which
will
throw
some
small
Light
into
things
as
we
pass
,
and
may
suggest
matter
of
juster
and
sounder
Reflections
to
others
,
who
shall
write
after
me
on
this
Argument
.
The
Proofs
taken
singly
,
may
few
of
them
perhaps
seem
full
and
convincing
;
however
,
when
united
,
I
perswade
my self
,
they
will
carry
such
an
evidence
in
them
,
as
is
not
easily
to
be
withstood
.
The
Saxon
times
are
overspread
with
Darkness
;
and
yet
Light
enough
is
still
left
us
to
discover
,
that
the
Inferior
Clergy
,
as
well
as
La●e●y
,
were
then
oftentimes
call'd
to
the
Great
Councils
of
the
Realm
.
Much
has
been
Written
on
this
Point
as
to
the
Laiety
,
but
I
do
not
remember
that
I
have
met
any
where
an
account
of
the
Lower
Clergys
Interest
in
those
Meetings
;
and
therefore
I
shall
produce
some
Proofs
of
it
here
,
without
entring
into
the
Civil
part
of
the
Dispute
,
any
further
than
may
be
of
use
to
give
Light
to
the
Ecclesiastical
,
and
to
clear
the
Ancient
Rights
and
Priviledges
of
the
Commons
Spiritual
;
which
,
I
am
satisfy'd
,
ran
even
all
along
with
those
of
the
Commons
Temporal
,
and
proportionably
grew
,
declin'd
,
or
reviv'd
with
them
.
The
first
Instance
I
shall
take
notice
of
to
this
purpose
,
is
that
known
Preface
to
King
Ina's
Laws
,
which
says
,
they
were
made
(
in
the
Rude
,
but
Faithful
Translation
of
Iorvallensis
)
exhortatione
&
doctrinâ
Ceonredi
Patris
mei
,
Heddae
Episcopi
mei
,
&
Erkenwoldi
Episcopi
mei
,
&
omnium
Senatorum
meorum
,
&
seniorum
sapientum
Regni
mei
;
multâque
Congregatione
Servorum
Dei
[
†
](A26154-e65090-b)
†
X.
Scrip.
p.
761.
.
That
the
Servi
Dei
here
mentioned
were
Clergy
,
bears
no
doubt
;
and
that
the
Words
are
further
to
be
understood
chiefly
of
the
Inferior
Orders
of
the
Clergy
,
appears
both
from
their
Numbers
(
for
the
West-Saxon
Bishops
and
Abbats
were
but
few
)
,
and
from
the
like
use
of
the
Phrase
in
other
places
:
for
instance
,
in
the
Council
of
Cloveshoe
,
A.
C.
824.
(
another
mixt
Assembly
)
the
Dei
Servi
,
then
present
,
are
thus
in
the
next
words
explained
;
Presbyteri
,
Dia●oni
,
&
Plurimi
Monachi
[
**
](A26154-e65170-b)
**
Ibid.
p.
335.
And
in
a
Charter
of
Milred
,
Bishop
of
Worster
(
A.
D.
774.
)
he
makes
his
grant
cum
Licentiâ
Servorum
Dei
,
qui
sub
meo
regimine
Dei
Providentiâ
constituuntur
(
Monast.
Vol.
1.
p.
122.
)
i.
e.
of
all
the
Clergy
of
his
Diocese
.
.
And
when
therefore
Athelstan's
Laws
are
said
to
be
drawn
up
at
one
of
these
State-Meetings
[
‖
](A26154-e65240-b)
‖
For
thus
we
read
a●
〈◊〉
close
of
it
.
Totum
hoc
—
〈◊〉
Magnâ
Synodo
apud
—
〈◊〉
Arch.
Wl●inus
inter●uit●
&
omnes
Optimates
,
&
S.
p.
〈◊〉
tes
quos
Adelstanus
rex
potuit
congregare
.
Iorv.
p.
84●
.
Consilio
Wolfelini
Archiepiscopi
mei
,
&
omnium
Episcoporum
,
&
Dei
Ministrorum
,
[
†
](A26154-e65280-b)
†
Ibid.
p.
841.
those
Ministri
Dei
also
are
to
have
the
same
Interpretation
.
Something
of
this
Dr.
W.
seems
to
have
been
aware
of
,
and
therefore
slid
over
these
three
Instances
in
hast
as
it
were
,
and
touch'd
them
tenderly
:
His
account
of
the
first
is
,
That
Ina
made
his
Laws
with
the
consent
of
his
Bishops
and
all
his
Aldermen
[
*
](A26154-e65340-b)
*
P.
171.
;
of
the
last
,
That
Athelstan
publish'd
his
Ecclesiastical
Laws
with
the
Council
of
his
Bishops
[
†
](A26154-e65370-b)
†
P.
162.
;
and
as
to
the
third
,
he
tells
us
,
There
was
such
a
Council
at
Cloveshoe
,
Anno
824.
[
(⸪)
](A26154-e65390-b)
(⸪)
P.
172.
and
that
's
all
.
Very
succinct
indeed
!
especially
,
coming
from
the
Pen
of
so
prolix
and
tedious
a
Writer
;
who
fails
not
to
tire
us
with
Circumstantial
Accounts
of
things
,
when
they
are
unenlightning
:
But
here
a
punctual
Relation
might
have
open'd
Eyes
,
and
made
Discoveries
;
and
in
such
Cases
Dr.
W's
.
communicative
Temper
always
fails
him
.
I
shall
supply
his
Defects
as
to
one
of
these
Instances
,
a
little
further
than
I
have
done
,
by
transcribing
a
Passage
or
two
from
an
old
Charter
granted
to
the
Church
of
Worster
,
and
enter'd
in
the
Register
of
it
.
There
this
Meeting
at
Cloveshoe
(
Anno
824.
)
is
called
Pontificale
&
Sinodale
Conciliabulum
,
at
which
the
King
,
the
Bishops
,
Abbats
,
&
Universi
Mercensium
Principes
,
&
multi
Sapientissimi
viri
were
present
.
Statut
[a]
est
autem
atque
decret
[a]
ab
Archiepiscopo
,
[
*
](A26154-e65560-b)
*
Monast.
vol.
1.
p.
125
:
Eidem
Iuramento
apud
Westmonasterium
praestito
aderant
50
Sacrifici
[
†
](A26154-e65600-b)
†
The
Saxons
is
Masse-preosta
[
i.
e.
Missales
Presbyteri
]
in
both
places
.
,
&
10
Diaconi
,
&
ex
omnibus
aliis
Presbyteris
,
160.
And
after
that
,
this
other
:
Haec
sunt
Sacrificorum
nomina
qui
Iuramento
illi
astiterunt
,
&
idem
praestiterunt
,
—
which
is
follow'd
by
the
Subscription
of
3
Abbats
,
47
Presbyters
,
and
6
Deacons
.
The
Book
which
furnishes
us
with
this
Instrument
,
is
a
venerable
Monument
of
Antiquity
,
reposited
in
the
Cotton
Library
[
†
](A26154-e65690-b)
†
Tiberius
A.
13.
;
it
was
written
about
the
Conquest
,
that
is
,
within
250
Years
of
the
Date
of
this
Council
,
whose
constituent
parts
it
thus
reckons
up
;
and
the
Account
therefore
it
gives
is
as
Authentick
,
as
it
is
Considerable
:
which
are
two
reasons
why
Dr.
W.
should
pass
it
by
unobserv'd
.
The
only
instance
of
this
kind
,
I
think
,
which
he
has
prevail'd
with
himself
to
mention
at
length
,
is
the
Council
of
Becanceld
in
694.
where
together
with
the
Duces
,
Satrapae
,
Abbates
,
Abbatissae
,
there
met
also
Presbyters
,
and
Deacons
,
who
are
said
in
unum
glomerati
de
statu
Ecclesiarum
Dei
pariter
tractare
;
and
accordingly
in
the
Subscriptions
of
that
Council
yet
remaining
,
there
are
the
Names
of
8
Presbyters
[
*
](A26154-e65760-b)
*
Spelm.
Conc.
v.
1.
p.
19●
.
to
be
seen
.
This
is
so
clear
a
proof
of
what
I
am
contending
for
,
that
allowing
the
matter
of
Fact
true
,
there
is
no
evading
it
.
Dr.
W.
therefore
would
fain
,
if
he
could
,
have
the
Account
thought
Fabulous
;
if
(
says
he
)
the
Relation
be
true
,
it
was
indeed
an
Assembly
of
an
Extraordinary
Composition
[
(a)
](A26154-e65810-b)
(a)
P.
171.
.
But
if
he
suspected
it
not
to
be
true
,
he
would
have
done
well
to
acquaint
us
with
some
of
the
Grounds
of
his
Suspicions
;
all
which
he
has
discretly
kept
to
himself
.
And
indeed
,
I
cannot
imagin
what
Ground
there
can
be
to
suspect
the
Truth
of
it
:
There
are
no
Marks
of
Imposture
in
it
,
nothing
that
disagrees
with
the
Story
,
or
manners
of
that
time
.
Sir
H.
Spelman
printed
it
from
five
good
Manuscripts
,
and
one
of
them
,
near
as
Old
as
the
Saxon
Age.
In
the
Ancient
Saxon
Chronicle
,
there
is
at
the
Year
694.
a
very
large
and
particular
account
of
this
Council
:
and
,
least
the
Dr.
should
startle
at
the
Abbesses
being
found
in
such
Company
,
they
are
expresly
mention'd
also
by
that
Chronicle
as
present
.
Nor
can
this
be
matter
of
surprize
to
any
one
in
the
least
acquainted
with
the
State
of
those
times
,
when
it
was
not
unusual
for
Women
to
assist
at
their
Synods
,
and
great
Councils
;
witness
the
Synod
of
Nidde
[
*
](A26154-e65900-b)
*
Eddius
in
Vitâ
Wilfredi
.
c.
58.
,
and
that
of
Streanshealeh
,
mention'd
by
Dr.
W.
[
†
](A26154-e65940-b)
†
P.
166.
as
held
in
the
Monastery
of
Hilda
,
and
in
which
(
though
he
does
not
mention
it
)
she
her self
sat
,
Argu'd
,
and
Voted
[
‖
](A26154-e65960-b)
‖
See
Eddi
.
c.
10.
and
Beda
Eccl.
Hist.
l.
3.
c.
25.
.
Ingulphus
who
understood
the
manner
of
these
Saxon
Assemblys
somewhat
better
than
Dr.
W.
does
,
did
not
suspect
a
Charter
pass'd
in
one
of
them
,
because
he
found
several
Abbesses
subscribing
their
Names
to
it
[
(⸪)
](A26154-e66020-b)
(⸪)
P.
17.
.
And
there
is
reason
to
be●lieve
that
this
Practice
was
not
confin'd
to
the
times
before
the
Conquest
,
but
continu'd
long
after
it
;
if
at
least
an
expression
in
M.
Paris
may
be
rely'd
on
,
who
tells
us
,
That
in
the
Year
1210.
venerunt
ad
Generalem
Vocationem
[
Regis
]
Abbates
,
Priores
,
Abbatissae
[
*
](A26154-e66050-b)
*
P.
230.
,
without
any
Intimation
that
the
latter
of
these
came
by
Proxy
only
,
and
not
Personally
to
this
Meeting
.
What
is
it
then
that
makes
Dr.
W.
think
this
to
be
an
Assembly
of
an
Extraordinary
Composition
?
it
must
be
,
because
he
finds
Presbyters
and
Deacons
there
:
but
that
this
is
no
such
Extraordinary
Thing
,
appears
from
the
instances
I
have
already
produc'd
,
and
yet
further
from
these
that
follow
.
For
,
In
the
Year
697.
the
constitutions
of
Withred
were
made
by
the
Bishops
,
&
caeteri
Ordines
Ecclesiastici
illius
gentis
[
*
](A26154-e66160-b)
*
In
a
Mixt
Council
;
for
the
Viri
Militares
are
said
to
be
there
.
Spel.
Conc.
V.
1.
p.
194.
;
in
which
several
of
the
Clergy
under
Abbats
must
be
included
.
In
747.
at
another
Council
at
Cloveshoe
,
together
with
the
King
and
the
Great
Men
of
the
Laiety
,
there
are
said
to
meet
Praesules
,
&
Plurimi
Sacerdotes
Domini
,
&
Minores
quoque
Ecclesiastici
Gradùs
Dignitates
;
and
these
did
all
(
the
lowest
as
well
as
the
highest
)
de
Unitate
Ecclesiae
,
ac
statu
Christianae
Religionis
&
concordiâ
Pacis
tractandà
confirmandâque
pariter
considere
[
†
](A26154-e66230-b)
†
Malsmb
.
l.
1.
p.
197.
.
In
the
Legats
Relation
to
Pope
Adrian
of
what
pass'd
at
the
Synod
of
Calchyth
(
A.
C.
787.
)
it
is
said
,
That
every
thing
was
done
in
Concilio
publico
coràm
Rege
Aelsvaldo
,
&
Archiepiscopo
Eanbaldo
,
&
omnibus
Episcopis
&
Abbatibus
Regionis
,
seu
Senatoribus
,
&
Ducibus
,
&
Populo
Terrae
[
*
](A26154-e66290-b)
*
Spelm.
ibid.
p.
300
.
And
at
the
Close
of
the
subscriptions
we
find
these
words
;
Hijs
quoque
saluberrimis
Ammonitionibus
Presbyteri
,
Diaconi
Ecclesiarum
,
&
Abbates
Monasteriorum
,
Iudices
,
Optimates
,
&
Nobiles
unopere
uno
ore
consentimus
,
&
subscripsimus
[
†
](A26154-e66310-b)
†
P.
301.
.
Which
words
occur
also
in
a
Charter
of
the
Year
996
,
granted
to
the
Dean
of
Wolverhampton
,
in
a
great
Council
of
the
Realm
[
⸪
](A26154-e66330-b)
⸪
Monast.
v.
1.
p.
991.
In
a
second
Synod
at
Calchyth
(
Anno
816.
)
we
find
the
King
cum
suis
Principibus
,
Ducibus
,
&
Optimatibus
:
tum
undique
sacri
Ordinis
Praesides
cum
Abbatibus
,
Presbyteris
,
Diaconibus
,
pariter
tractantes
de
necessarijs
&
utilitatibus
Ecclesiarum
[
‖
](A26154-e66370-b)
‖
Spelm.
16.
p.
328.
.
At
the
Coronation
of
King
Edgar
(
Anno.
973.
)
the
Saxon
Chronicle
tells
us
,
Conrenerat
Sacerdotum
Caetus
,
ingens
Monachorum
turba
,
sapientumque
Concilium
[
(⸪)
](A26154-e66420-b)
(⸪)
P.
122.
.
By
the
Sapientes
here
mention'd
,
the
Laiety
are
chiefly
to
be
understood
:
But
in
other
places
,
where
the
lower
Clergy
are
not
distinctly
nam'd
,
the
Word
comprehends
Them
also
,
and
is
design'd
to
express
them
;
of
which
that
passage
in
Simeon
Dunelmensis
,
where
he
speaks
of
the
Synod
of
Finchale
(
and
probably
speaks
out
of
the
very
Acts
of
that
Synod
)
is
a
clear
Proof
:
His
words
are
,
In
diebus
justorum
Regum
,
&
Ducum
bonorum
,
atque
sanctorum
Episcoporum
,
aliorumque
Sapientum
,
Monachorum
scil.
atque
Clericorum
,
quorum
prudentiâ
,
&c.
[
††
](A26154-e66500-b)
††
X.
Script
.
p.
114.
Lastly
,
At
the
great
Council
of
Westminster
,
conven'd
Anno
1066.
by
Edward
the
Confessor
,
upon
the
Consecration
and
endowment
of
that
Abby
,
there
was
Generalis
totius
ferè
Nobilitatis
Angliae
Conventus
[
†
](A26154-e66550-b)
†
Hist.
Ramseyens
c.
120.
;
and
,
on
the
Church
part
,
Episcopi
&
Abbates
totius
Angliae
,
&
Monachi
,
&
Clerici
[
†
](A26154-e66570-b)
†
Spelm.
ibid.
p.
629.
,
who
went
aside
to
excommunicate
the
Infringers
of
the
Priviledges
then
granted
.
These
Instances
are
so
plain
as
to
need
no
Comment
,
and
to
admit
no
fair
Reply
.
Dr.
W.
indeed
seems
to
have
laid
in
matter
for
an
Evasion
,
where
he
speaks
of
Ecclesiastical
Synods
properly
so
call'd
,
at
which
the
King
,
and
his
Nobility
were
present
;
insinuating
,
that
we
are
to
distinguish
these
from
those
mixt
Saxon
Councils
,
compos'd
originally
,
and
equally
of
the
Clergy
and
Laiety
.
But
this
is
an
imaginary
Distinction
,
for
which
there
is
no
foundation
in
History
.
There
were
indeed
in
these
times
Ecclesiastical
Synods
properly
so
call'd
,
without
any
intermixture
of
the
Laiety
;
but
there
was
no
Business
appropriated
particularly
to
these
;
the
most
solemn
Church
affairs
being
transacted
generally
at
the
State-meetings
by
the
Clergy
then
assembled
;
who
went
aside
and
consulted
among
themselves
,
and
then
laid
the
result
of
their
Debates
before
the
great
Council
of
the
Realm
,
in
order
to
be
confirm'd
by
them
.
And
wherever
therefore
we
find
the
several
Orders
of
the
Laiety
present
,
we
must
consider
,
that
that
Assembly
,
where
they
were
present
,
was
a
State
Council
,
though
matters
properly
of
Ecclesiastical
Cognizance
were
transacted
in
it
.
Besides
,
several
of
those
Councils
I
have
instanc'd
in
,
had
Civil
as
well
as
Church-affairs
before
them
,
and
made
Laws
in
both
equally
;
which
is
a
sure
sign
that
they
were
not
pure
Ecclesiastical
Synods
.
It
may
perhaps
further
be
urg'd
,
that
the
Lower
Clergy
present
at
these
State-Councils
,
were
no
part
of
them
,
but
call'd
only
to
a
Synod
by
their
Metropolitan
,
at
the
same
time
and
place
that
the
great
Council
of
the
Realm
met
.
But
they
who
shall
thus
pretend
,
must
produce
some
good
Evidences
and
Authorities
to
support
this
pretence
,
and
not
expect
that
we
should
take
their
bare
word
for
it
;
the
common
appearances
of
History
being
on
the
other
side
.
However
,
allowing
this
Scheme
true
,
yet
is
it
some
proof
of
the
Interest
which
the
Inferior
Clergy
had
in
those
State-meetings
,
if
they
were
us'd
to
assemble
together
with
them
,
though
not
in
them
;
this
being
the
only
Interest
they
at
present
claim
.
Not
that
I
believe
them
to
have
had
place
in
all
(
even
the
most
ordinary
and
stated
)
Assemblies
,
but
only
in
the
Greater
and
more
Extraordinary
ones
;
the
Wittena-gemots
,
and
Mycel-Synods
,
the
Magna
Concilia
,
and
Pleni
Folcmoti
,
which
are
plainly
destinguish'd
from
the
less
Solemn
and
Numerous
Councils
;
and
which
met
together
only
ex
arduis
contingentibus
,
and
legum
condendarum
Gratiâ
,
as
Sir
H.
Spelman
observes
[
†
](A26154-e66830-b)
†
In
Voce
Gemotum
p.
261.
●
.
:
The
foundation
(
as
I
have
said
)
being
laid
thus
early
of
that
difference
,
which
afterwards
more
plainly
appear'd
,
between
Councils
,
and
Parliaments
,
properly
so
call'd
;
which
was
no
new
Institution
set
up
first
by
the
Normans
,
but
the
old
usage
of
our
Saxon
Ancestors
,
Time
without
Memory
.
Nor
do
I
suppose
that
the
Clergymen
of
lower
Rank
call'd
to
these
Full
Conventions
treated
always
as
freely
,
and
acted
as
authoritatively
as
the
constant
and
standing
Members
did
:
No
,
I
take
them
as
to
this
,
to
have
been
much
in
the
same
case
with
the
inferior
Laiety
,
who
are
said
oftentimes
to
have
been
present
at
such
great
Councils
,
and
to
have
consented
to
,
and
approv'd
what
was
done
there
,
but
not
often
to
have
deliberated
or
determin'd
;
just
as
the
Lesser
Members
of
the
German
Colloquia
,
or
Synods
(
the
Patterns
of
our
English
ones
)
are
represented
by
Hincmar
[
†
](A26154-e66990-b)
†
In
the
passage
mention'd
p.
30.
of
●his
Book
.
to
have
interpos'd
in
them
.
The
Doctrine
here
laid
down
is
no
new
Scheme
of
mine
,
contriv'd
to
serve
a
Turn
,
but
what
has
in
the
main
been
long
ago
asserted
by
the
Learned
Mr.
Sheringham
,
in
his
Book
of
the
Supremacy
.
In
the
Saxon
Times
(
says
he
)
Laws
were
commonly
made
by
the
Approbation
and
Consent
of
the
Nobles
,
Archbishops
,
and
Bishops
,
in
a
Publick
Synod
or
Parliament
:
sometimes
the
Queen
was
present
,
sometimes
the
Inferior
Clergy
,
and
sometimes
also
the
Commons
;
but
that
hapned
very
seldom
[
†
](A26154-e67070-b)
†
P.
52.
.
Which
coming
from
the
Pen
of
one
of
known
skill
in
our
English
Antiquities
,
and
in
a
Treatise
not
at
all
design'd
to
assert
the
Liberty
of
the
Subject
,
does
on
both
these
accounts
carry
a
particular
weight
with
it
;
and
will
with
those
who
have
a
due
regard
for
that
excellent
Writer
,
be
a
strong
presumption
of
the
truth
of
all
I
have
offer'd
on
this
Argument
.
Another
clear
proof
of
the
Lower
Clergys
assisting
frequently
at
those
Great
Councils
,
may
be
drawn
from
the
Subscriptions
of
Charters
,
where
we
frequently
meet
with
Capellani
and
Presbyteri
,
and
sometimes
with
simple
Deacons
,
among
the
other
Witnesses
.
One
instance
or
two
have
been
given
already
,
to
which
these
following
ones
may
be
added
.
A
Charter
of
King
Ethelred
[
(⸪)
](A26154-e67160-b)
(⸪)
So
it
should
be
,
though
the
MS.
by
the
mistake
of
the
Scribe
,
puts
Edgar
instead
of
Ethelred
.
to
the
Church
of
Pauls
(
Ann.
867.
)
is
subscrib'd
by
several
Ministri
,
Abbates
,
&
Presbyteri
intermingled
[
†
](A26154-e67210-b)
†
Lib.
MS.
Paul
.
Eccl.
notat
.
B.
f.
20.
a.
.
In
another
of
the
same
Prince
to
the
same
Church
,
after
the
Bishops
,
Duces
&
Satrapae
,
two
Presbyters
and
a
Deacon
follow
.
[
*
](A26154-e67240-b)
*
Ib.
fol.
21.
The
Saxon
Chronicle
affords
us
one
of
these
Instruments
(
with
all
the
subscriptions
at
length
)
which
belong'd
to
the
Church
of
Peterborough
,
and
was
fram'd
A.
D.
664.
and
to
this
also
Eoppa
Presbyter
,
and
Wilfridus
Presbyter
are
Witnesses
[
†
](A26154-e67310-b)
†
P.
37.
.
But
the
two
Charters
of
King
Edgar
to
the
Monasteries
of
Westminster
and
Ramsey
,
are
in
this
respect
most
observable
.
To
the
first
,
after
the
King
,
his
Sons
,
14
Bishops
,
and
11
Abbats
,
9
Presbyters
subscribe
;
and
the
last
of
these
thus
Writes
,
Ego
Oswardus
Presbyter
cum
supradictis
,
&
cum
aliis
107
Presbyteris
,
infractores
hujus
firmitatis
excommunicavi
.
Nine
Duces
follow
,
and
after
them
this
Note
:
Ad
ultimum
itaque
unà
cum
Rege
&
Filiis
ejus
nos
omnes
Confratres
&
Coepiscopi
,
&
cum
totâ
hâc
populosâ
&
sanctâ
Synodo
ejusdem
loci
,
omnes
futuros
Abbates
,
&c.
contestamur
—
Quatenus
,
&c.
Quod
si
aliquis
praesumpserit
,
illum
sicut
Violatorem
atque
Transgressorem
hujus
Nostri
Decreti
,
imò
Apostolici
,
ante
summum
judicem
,
cùm
venerit
saeculum
judicare
per
ignem
,
responsurum
super
hâc
re
invitamus
[
†
](A26154-e67450-b)
†
Cartularium
Caenobii
Westm.
in
tit
.
Sulcardus
.
Bibl.
Cot.
Faustina
.
A.
3.
fol
,
11.
.
That
to
the
Monastery
of
Ramsey
is
sign'd
by
fix
Presbyters
,
and
the
last
of
the
six
adds
also
,
Ego
Aethelsi
Presbyter
cum
supradictis
&
aliis
quamplurimis
Presbyteris
infractores
hujus
firmitatis
excommunicavi
.
It
pass'd
in
a
mixt
Council
of
those
times
,
cùm
in
Natali
Dominico
(
as
the
Charter
speaks
)
omnes
Majores
totius
regni
mei
,
tam
Ecclesiasticae
Personae
quam
Saeculares
,
ad
Curiam
meam
celebrandae
mecum
festivitatis
gratiâ
convenissent
.
The
Alii
Quamplurimi
Presbyteri
are
also
mention'd
once
again
in
the
Body
of
it
;
and
in
the
Close
this
Passage
occurs
,
Post
hujus
itaque
Privilegii
donationem
excommunicaverunt
omnes
Episcopi
,
Abbates
,
Presbyteri
,
qui
in
plurimâ
numerositate
eodem
die
affuerunt
,
eos
qui
hoc
institutum
in
fringerent
,
&c.
[
†
](A26154-e67550-b)
†
Monast.
vol.
1.
pp.
235
,
236.
To
which
I
shall
add
a
like
Passage
from
the
Confessor's
Priviledge
to
the
Church
of
Westminster
;
Post
hanc
Donationem
excommunicaverunt
omnes
Episcopi
&
Abbates
totius
Angliae
,
&
Monachi
,
ac
Clerici
,
eos
qui
hoc
constitutum
infringerent
[
‖
](A26154-e67590-b)
‖
Ibid.
p.
61
.
I
could
multiply
Instances
of
this
kind
,
but
I
forbear
;
because
these
,
I
think
,
are
sufficient
to
shew
,
that
the
Inferior
Clergy
were
an
usual
Part
of
the
great
Saxon
Councils
;
since
their
Names
are
often
either
added
to
,
or
mention'd
in
those
Charters
,
which
pass'd
in
such
Councils
,
and
which
were
not
otherwise
held
Valid
and
Binding
;
as
appears
by
a
remarkable
Instance
,
breifly
set
down
in
the
Evidentiae
Cantuarienses
[
*
](A26154-e67650-b)
*
X.
Script
p.
2218.
,
but
more
largely
explain'd
by
the
Monasticon
[
†
](A26154-e67670-b)
†
Egbertus
&
Athelwolf
filius
ejus
dederunt
Ecclesiae
Christi
,
&c.
quod
Manerium
priùs
eïdem
Ecclesiae
dedit
Baldredus
Rex
:
Sed
quia
non
fuit
de
consensu
Magnatum
regni
,
donum
id
non
potuit
valere
.
Et
ideò
isto
anno
in
Concilio
apud
Kingstone
celebrato
ab
Archiepiscopo
●eolnotho
restauratum
est
Ecclesiae
antedictae
.
Vol.
1.
p.
20.
,
out
of
another
Writer
.
And
if
in
the
Subscriptions
to
many
other
such
Priviledges
and
Muniments
,
we
find
none
of
the
Clergy
under
Abbats
,
that
is
not
to
be
wonder'd
at
;
since
the
Members
only
of
highest
Rank
and
Dignity
were
us'd
to
sign
,
though
all
consented
;
as
we
have
already
[
*
](A26154-e67730-b)
*
See
p.
32.
of
this
Book
.
heard
from
Ingulphus
,
and
may
from
the
following
Passages
in
some
of
the
Conquerors
Charters
further
learn
.
One
of
them
made
in
the
15
th
.
Year
of
his
Reign
thus
concludes
,
Convenientibus
in
unum
cunctis
Patriae
Primatibus
in
Nativitate
domini
,
&c.
Scripta
est
haec
Charta
&
auctorisata
,
&
ab
Excellentioribus
Regni
Personis
Testificata
,
&
Confirmata
,
&
Corroborata
[
*
](A26154-e67800-b)
*
Sulcardus
f.
42.
.
In
another
of
the
Year
1075
,
pass'd
in
an
Universal
Synod
,
as
the
word
there
is
,
the
Conqueror
decrees
,
Communi
Consensu
,
maximè
Episcoporum
,
Abbatum
,
&
aliorum
in
signium
nostrorum
Procerum
[
(⸪)
](A26154-e67850-b)
(⸪)
Ib.
fol.
39.
.
And
in
a
third
,
granted
A.
D.
1077.
the
subscriptions
are
but
few
:
However
the
Members
composing
that
Synod
where
it
pass'd
(
the
Charter
it self
tells
us
)
were
Numerous
,
and
all
these
are
said
Hanc
eandem
[
Chartam
]
cooperante
sibi
in
omnibus
Divin
â
Pietate
honorific
è
perficientes
complevisse
.
Quorum
igitur
Memoriam
&
Nomina
singulatim
exprimere
,
&
huic
Paginulae
longum
&
fastidiosum
videtur
exprimere
[
†
](A26154-e67900-b)
†
Ibid.
p.
38.
.
So
that
tho'
the
Subscriptions
of
Charters
inform
us
clearly
who
were
Members
of
those
great
Councils
,
yet
do
they
not
shew
us
also
who
were
not
;
since
Multitudes
were
Present
at
such
Meetings
,
who
yet
did
not
Subscribe
.
It
is
not
however
improbable
,
that
under
the
Title
of
Ministri
,
some
of
the
Inferior
Clergy
might
often
be
comprehended
;
especially
when
these
Ministri
sign'd
,
as
they
sometimes
did
,
in
great
Numbers
,
and
so
as
to
bear
no
Proportion
to
the
other
Ranks
of
Witnesses
,
either
of
the
Clergy
,
or
Laiety
[
†
](A26154-e67990-b)
†
Thus
a
Charter
granted
to
the
Monastery
of
Abingdon
is
attested
by
60
Ministri
,
7
Duces
,
and
8
Bishops
.
Monast.
v.
1.
p.
103.
.
This
will
seem
a
Paradox
;
however
,
there
is
more
to
be
said
for
it
,
than
at
first
sight
may
be
imagin'd
.
For
as
Minister
,
and
Thane
,
were
words
Equivalent
,
so
it
is
certain
that
the
latter
of
these
was
apply'd
frequently
to
Spiritual
Persons
;
sometimes
to
Bishops
[
†
](A26154-e68090-b)
†
Adeò
ut
multi
de
Nobilissimis
Thanis
mortem
obirent
.
—
Eorum
unus
fuit
Swithulfus
Episcopus
de
Hrofceaster
.
Chron.
Sax.
p.
97.
,
but
more
often
to
Presbyters
,
who
in
Athelstan's
Laws
,
are
term'd
[
*
](A26154-e68150-b)
*
Apud
Jorval
.
pp.
845.846
.
Messe-Thegnes
,
[
or
Thanes
Spiritual
]
in
opposition
to
Woruld
Thegnes
[
or
Thanes
Temporal
]
and
were
at
other
times
call'd
Ministri
Dei
[
‖
](A26154-e68190-b)
‖
Ibid.
p.
841.
,
and
Theo-Thayni
,
if
the
Manuscript
Note
of
a
learned
Person
does
not
deceive
me
.
In
a
certain
Charter
I
find
one
Ethelwald
thus
signing
,
Wintoniensis
Ecclesiae
Minister
&
Glastoniae
Monachus
[
†
](A26154-e68250-b)
†
Monast.
vol.
1
▪
p.
17.
;
in
another
,
Ego
Ingvaldus
Presbyter
,
&
humilis
Minister
vocatus
audivi
[
*
](A26154-e68290-b)
*
Ingulph
.
p.
4.
.
Sir
H.
Spelman
further
says
,
that
the
Religiosi
are
sometimes
in
old
Books
call'd
Ministeriales
[
(⸪)
](A26154-e68330-b)
(⸪)
Glossar
.
in
voc
Minister
.
,
and
that
in
Domesday
the
Terra
Tainorum
Ecclesiae
is
often
expresly
mention'd
[
*
](A26154-e68370-b)
*
Reliq.
Spelman
n.
p.
42.
.
Dr.
Brady
adds
,
that
under
the
Title
of
Terra
Tainorum
Regis
,
the
Lands
of
Priests
,
and
other
Inferior
Clergymen
are
often
included
[
*
](A26154-e68410-b)
*
Introd.
App.
p.
21.
.
However
,
this
I
propose
as
a
Conjecture
only
,
to
be
admitted
or
refus'd
,
as
the
Men
of
more
skill
in
these
Matters
shall
agree
upon
it
:
That
which
I
insist
on
,
is
,
that
the
Attestations
and
Style
of
these
Charters
make
it
manifest
,
that
many
of
the
Lower
Clergy
had
place
in
those
great
Councils
which
confirm'd
them
.
How
,
and
in
what
Capacity
they
were
summon'd
thither
;
whether
as
representing
any
part
of
the
Spiritualty
,
or
as
the
King
's
immediate
Servants
and
Dependants
,
(
his
Hand-Preosts
,
and
Hir'd-Cleres
,
as
the
Capellani
and
Presbyteri
Regis
are
in
the
Saxon
Chronicle
odly
call'd
)
is
another
Enquiry
,
which
it
is
not
very
easy
,
nor
very
necessary
at
present
to
determin
.
Nor
matters
it
much
,
whether
the
Charters
I
have
vouch'd
be
all
Genuine
,
or
not
:
for
supposing
them
forg'd
,
they
must
be
allow'd
at
least
to
be
well
counterfited
;
or
else
they
would
not
have
pass'd
upon
knowing
Men
,
when
first
produc'd
.
The
Monks
,
who
Coyn'd
them
,
were
no
Bunglers
;
but
understood
very
well
the
state
of
those
Times
to
which
they
adjusted
these
Instruments
,
and
drew
them
,
no
doubt
,
according
to
authentick
Forms
and
Patterns
.
And
a
Testimony
therefore
taken
from
thence
concerning
the
Customs
and
Usages
of
those
times
holds
near
as
well
,
as
if
they
were
confessedly
Genuine
,
and
of
the
very
Age
they
pretend
.
At
the
bottom
of
these
Instruments
[
*
](A26154-e68540-b)
*
See
Evidentiae
Cant.
col.
2212.
,
and
of
some
Ecclesiastical
Synods
[
†
](A26154-e68560-b)
†
See
Spelm.
Conc.
V.
1.
pp.
328.
&
325.
,
among
the
other
Inferior
Clerks
,
Archdeacons
now
and
then
appear
;
and
those
not
Titular
ones
only
,
but
such
as
had
Authority
,
and
held
their
Courts
for
Matters
Spiritual
,
even
in
the
Saxon
times
;
whatever
a
late
Writer
[
⸪
](A26154-e68630-b)
⸪
Nicolson
Hist.
Lib.
Vol.
3.
p.
207.
pretends
to
the
contrary
,
who
both
as
an
Antiquary
,
and
an
Archdeacon
,
should
have
understood
this
point
better
.
The
Words
of
the
Conquerors
Writ
,
whereby
he
separated
the
two
Jurisdictions
,
are
a
plain
Proof
of
this
;
for
they
run
—
Nullus
Episcopus
,
vel
Archidiaconus
de
Legibus
Episcopalibus
ampliùs
in
Hundret
Placita
teneat
,
&c.
which
implys
the
Archdeacons
to
have
exercis'd
Jurisdiction
in
the
Hundred
Courts
before
the
Conqueror
came
in
;
especially
,
if
we
add
the
Praefatory
Words
of
that
Writ
,
where
he
styles
these
Usages
such
as
had
obtaind
in
regno
Anglorum
usque
ad
mea
tempora
.
But
because
this
matter
is
with
so
much
assurance
deny'd
by
that
Writer
,
and
is
generally
so
much
mistaken
,
it
may
not
be
amiss
,
to
add
a
few
Instances
more
;
some
of
which
carry
the
Proof
of
it
above
an
hundred
Years
higher
than
the
Aera
pretended
.
Sir
H.
Spelman's
Opinion
in
this
Case
is
of
Great
Weight
,
and
may
go
for
a
General
Proof
:
His
Words
are
,
The
Archdeacon
,
in
the
Saxon
times
,
had
a
superintendent
Power
over
all
Parochial
Parsons
in
every
Deanery
of
his
Precinct
[
*
](A26154-e68740-b)
*
Rel.
Spelm.
p.
50
.
The
Acts
of
the
Synod
of
Worster
,
Printed
by
Mr.
Wharton
[
†
](A26154-e68780-b)
†
A.
S.
vol.
1.
p.
543.
,
recite
a
Constitution
of
St.
Dunstan
and
Archbishop
Oswald
,
made
about
the
middle
of
the
X
th
.
Century
,
which
ordains
,
qùod
nullus
Decanus
,
nullus
Archidiaconus
de
Monachorum
Ecclesiis
vel
Clericis
se
intromittat
,
nisi
per
Priorem
Ecclesiae
[
Wigorn
]
.
And
there
is
an
Elder
Charter
of
this
Dunstan
,
while
Bishop
of
London
,
still
preserv'd
[
*
](A26154-e68880-b)
*
In
Cartulario
Westm.
Faustina
A.
3.
f.
13
whereby
he
grants
a
burying
place
to
the
Church
of
Westminster
,
so
that
whosoever
petierit
se
ibi
sepeliri
,
non
impediatur
vel
ab
Episcopo
,
vel
ab
Archidiacono
,
vel
à
Parochiano
suo
Presbytero
.
The
Northumbrian
Canons
allso
,
fram'd
not
much
after
,
set
this
point
beyond
dispute
:
Two
of
these
are
,
6.
Si
Presbyter
Edictum
Archidiaconi
non
exequatur
,
XII
Oris
eluito
.
7.
Si
Presbyter
reus
criminis
contra
Archidiaconi
Prohibitionem
Missam
celebraverit
,
XII
Oris
dependito
.
[
†
](A26154-e68990-b)
†
Spelm.
Conc.
V.
1.
p.
496.
And
methinks
this
Last
Instance
at
least
might
have
been
known
to
a
man
who
professes
to
have
made
the
Antiquitys
of
our
Northern
Countys
his
Peculiar
Study
;
and
has
ventur'd
to
add
his
insipid
Remarks
to
those
of
the
Learned
Cambden
,
particularly
in
that
of
Northumberland
.
'T
is
true
,
the
Great
Man
he
mentions
,
places
the
Rise
of
the
Archdeacons
Jurisdiction
no
higher
than
He
does
:
but
That
was
in
favour
to
his
Own
Order
;
in
which
cases
the
Best
and
Greatest
Men
are
not
allways
so
Discerning
,
or
so
Indifferent
as
they
ought
to
be
.
It
was
a
slip
of
that
truly
Great
Man's
Memory
,
who
had
not
then
the
words
of
the
Conquerors
Writ
in
his
View
,
which
prove
the
contrary
:
whereas
our
Archdeacon
sleepily
produces
those
very
words
[
†
](A26154-e69060-b)
†
P.
207.
but
a
Page
or
two
before
he
espouses
this
Opinion
.
Nor
can
he
pretend
,
that
he
is
speaking
only
of
the
Archdeacon's
Jurisdiction
,
when
it
became
Independent
of
the
Bishops
;
whereas
till
the
Conquest
,
he
acted
merely
as
a
Deputy
:
for
besides
that
this
is
more
than
He
knows
,
his
Words
are
plain
,
that
the
Archdeacons
had
no
Iurisdiction
in
the
Saxon
times
,
their
whole
Business
being
to
attend
the
Bishops
at
Ordinations
,
and
other
Publick
Services
in
the
Cathedral
[
*
](A26154-e69130-b)
*
P.
209.
.
And
the
same
is
said
,
but
in
more
forcible
Terms
,
by
the
Great
Man
whose
Opinion
he
implicitly
transcribes
,
and
approves
.
But
we
are
not
to
wonder
,
that
He
who
so
Liberally
gives
up
the
General
Rights
of
his
Church
,
should
be
as
ready
to
quit
any
Particular
Point
that
is
to
the
Advantage
of
his
Own
Office
and
Authority
.
He
makes
amends
however
a
little
afterwards
[
*
](A26154-e69150-b)
*
P.
210.
,
and
learnedly
proves
,
that
the
Archdeacon's
Jurisdiction
must
be
somewhat
older
than
the
Council
of
Clarendon
,
from
some
Trite
Passages
in
those
Constitutions
,
so
notoriously
known
,
that
they
have
not
escap'd
even
Dr.
W's
Enquirys
[
†
](A26154-e69180-b)
†
See
p.
125
.
But
if
he
must
needs
have
produc'd
a
Proof
of
this
lower
than
the
Conquest
,
why
was
not
the
Council
of
London
under
H.
the
I.
thought
of
?
where
it
was
decreed
[
*
](A26154-e69220-b)
*
Eadmer
.
Hist.
Nor.
L.
4.
p.
95.
,
that
the
Archdeacons
should
take
an
Oath
about
the
Execution
of
the
Canons
then
made
;
not
to
connive
at
the
Breach
of
them
for
Money
,
but
severely
to
punish
Offenders
.
This
would
have
carry'd
his
Proof
between
30
and
40
Years
higher
than
the
Council
of
Clarendon
,
and
would
have
shew'd
his
Reader
,
that
he
did
,
not
upon
such
Heads
as
these
,
content
himself
barely
to
transcribe
those
,
who
had
transcrib'd
others
;
but
convers'd
with
Original
Authors
.
To
make
all
he
says
on
this
occasion
of
a
Piece
,
he
further
adds
,
That
we
should
not
have
known
that
the
Bishops
and
Archdeacons
were
forbidden
by
the
Conqueror
to
mix
Iurisdiction
with
the
Earl
,
&c.
in
the
Hundred
,
or
Shiregemots
,
but
for
an
Inspeximus
,
1.
R.
2.
m.
12.
n.
5
[
†
](A26154-e69300-b)
†
P.
72.
.
Not
have
known
it
!
Why
,
there
are
divers
Authentick
Manuscript
Copys
,
or
Accounts
of
it
yet
in
being
,
writ
long
before
the
time
he
talks
of
.
Particularly
one
enter'd
in
the
Register
of
Winchelsey
[
†
](A26154-e69330-b)
†
Fol.
1.
,
where
the
Clergy
in
their
Roll
of
Grievances
recite
it
.
Sir
R.
Twysden
saw
another
of
the
Hand
of
E.
the
I.
[
⸪
](A26154-e69360-b)
⸪
Hist.
Vind.
p.
99.
Dugdale
,
in
the
Instruments
relating
to
Pauls
,
[
*
](A26154-e69390-b)
*
A●p
.
p.
196.
has
Printed
a
third
of
the
same
Age
:
And
a
much
Ancienter
Copy
than
any
of
these
is
to
be
found
in
one
of
the
Old
Books
of
that
Church
,
[
‖
](A26154-e69400-b)
‖
Lib.
B.
versùs
finem
.
writ
about
the
Reign
of
R.
I.
between
which
,
and
that
of
R.
II.
there
is
allmost
200
Years
distance
,
as
my
Almanack
tells
me
.
Mr.
Archdeacon
might
have
modestly
said
indeed
,
that
He
himself
had
not
known
of
this
Charter
,
without
that
Inspeximus
;
and
some
People
would
be
apt
to
add
,
nor
with
it
neither
,
if
he
had
been
to
fetch
his
Intelligence
from
the
Records
of
the
Tower
:
With
which
had
he
been
acquainted
,
he
would
have
known
,
that
this
Inspeximus
was
of
the
2
d.
not
of
the
1st
.
Year
of
R.
II.
as
he
imagines
.
This
,
I
am
sensible
,
is
a
Digression
;
but
I
shall
make
no
Apology
for
it
,
either
to
Mr.
Nicholson
,
or
the
Reader
:
The
One
of
these
,
I
hope
,
will
overlook
it
,
if
he
does
not
like
it
;
and
the
other
may
censure
it
in
what
manner
he
pleases
.
Having
shewn
,
that
there
was
by
our
Original
Constitution
a
difference
between
the
Greater
and
Lesser
Councils
of
the
Realm
in
the
Saxon
times
;
and
this
Distinction
being
yet
more
Evident
in
the
Latter
Ages
,
from
the
middle
of
E.
the
I.
downwards
;
as
our
Records
,
preserv'd
pretty
well
throughout
this
space
of
time
,
abundantly
testify
:
We
cannot
doubt
,
but
that
the
same
Distinction
is
applicable
also
to
the
Intermediate
Period
;
and
that
the
Conqueror
,
and
his
nearest
Successors
had
also
their
Magna
Concilia
(
call'd
afterwards
Full
Parliaments
)
to
which
the
Summons
of
their
Subjects
,
both
of
the
Clergy
and
Laiety
was
more
General
,
and
the
Resort
more
Numerous
,
than
to
their
Ordinary
Courts
and
Councils
,
which
were
held
de
more
,
for
the
dispatch
of
common
Business
,
and
at
stated
Times
.
And
in
such
Extraordinary
Meetings
it
is
,
that
we
must
chiefly
expect
to
hear
of
the
Inferior
Clergys
appearance
.
Accordingly
in
one
of
them
,
held
in
the
11
th
.
Year
of
William
the
I.
we
find
,
that
a
Charter
then
granted
to
the
Monastery
of
Westminster
is
subscribed
by
Archiepiscopi
,
Episcopi
,
Comites
,
&
alii
Seniores
,
&c.
multis
praeterea
Illustrium
Virorum
Personis
&
Regni
Principibus
diversi
Ordinis
omissis
,
qui
similiter
suae
Confirmationi
piissimo
affectu
Testes
&
Fautores
fuerunt
.
Hii
etiam
illo
tempore
à
Regiâ
Po●estate
è
diversis
Provinciis
&
Urbibus
ad
Universalem
Synodum
,
pro
causis
cujuslibet
Sanctae
Ecclesiae
audiendis
&
tractandis
ad
praescriptum
celeberrimum
Canobium
,
quod
Westmonasteriense
dicitur
,
convocati
[
*
](A26154-e69710-b)
*
Spelm.
Conc.
Vol.
2.
p.
14.
.
It
is
plain
,
this
was
a
mixt
Meeting
of
the
Temporalty
,
and
Spiritualty
,
such
as
were
in
use
among
the
Saxons
.
Who
were
there
on
the
Lay
part
,
it
is
not
my
Business
to
enquire
:
however
,
They
who
restrain
the
words
most
as
to
Them
,
yet
allow
,
that
they
must
be
understood
to
take
in
Deans
,
Archdeacons
,
and
other
Dignify'd
Persons
of
the
Clergy
[
†
](A26154-e69760-b)
†
Dr.
Brady
Introd.
p.
302.
.
This
was
an
Extraordinary
Assembly
;
the
Conqueror
is
known
also
to
have
had
his
more
Ordinary
Courts
,
which
were
held
every
Year
at
the
Three
Great
Festivals
,
and
at
which
he
appear'd
,
Crown'd
and
Rob'd
,
in
great
State
and
Splendor
.
And
of
what
Persons
,
These
were
compos'd
we
learn
from
the
Saxon
Annals
,
where
they
are
thus
reckon'd
up
;
Archbishops
,
Bishops
and
Abbots
,
Earls
,
Thanes
and
Knights
[
*
](A26154-e69820-b)
*
P.
190.
,
i.
e.
all
who
held
by
Knight-service
.
And
among
These
,
that
several
of
the
Lower
Clergy
had
place
,
appears
from
the
Survey
of
Doomsday
;
upon
which
,
we
are
told
,
there
were
found
in
England
60215
Knights
Fees
;
and
of
these
the
Religious
possess'd
28015
,
the
Vills
1080
,
and
Parochial
Churches
4711
[
†
](A26154-e69900-b)
†
Author
Eulogii
MS.
apud
.
Selden
.
Tit
Hon.
.
There
is
no
doubt
,
but
the
Priests
of
these
Parochial
Churches
,
as
well
as
the
King's
Tenants
in
those
Towns
and
Burroughs
,
were
present
,
or
represented
in
his
Curiae
,
whenever
they
assembled
.
And
among
Those
who
are
term'd
Religious
,
and
who
had
in
them
near
half
the
Knights-Fees
of
all
England
,
there
were
,
to
be
sure
,
some
of
the
Saecular
Clergy
above
Parish
Priests
,
and
below
Bishops
.
And
these
too
appear'd
among
his
Tenants
in
chief
,
at
such
Assemblys
;
and
are
comprehended
in
that
General
account
given
of
one
of
these
Courts
in
a
Cotton-Manuscript
—
Convenerunt
ad
Regalem
Curiam
[
†
](A26154-e69970-b)
†
An.
1072.
apud
Civitatem
Wentanam
in
Paschali
Solemnitate
Episcopi
,
Abbates
,
caeteri
ex
Sacro
&
Laïcali
Ordine
[
*
](A26154-e70000-b)
*
Cleop.
E.
1.7
.
.
Whether
more
of
the
Clergy
than
these
,
even
some
who
held
in
Frank-almoigne
,
might
not
be
present
at
that
Extraordinary
Convention
at
Sarum
,
to
which
all
the
[
Terrarii
]
or
Landholders
of
note
in
England
,
repair'd
,
cujuscunque
Foedi
fuissent
,
(
as
M.
Paris
[
†
](A26154-e70070-b)
†
Ad
ann.
1084.
Cujuscunque
feudi
vel
tenementi
fuissent
.
,
the
Waverly-Annals
[
†
](A26154-e70090-b)
†
Ad
ann.
1086.
,
and
Huntingdon
[
⸪
](A26154-e70110-b)
⸪
P.
370.
But
he
places
it
in
the
Conqueror's
19
th
.
Year
.
expresly
speak
)
may
be
worth
an
Enquiry
.
In
his
Son
H.
the
I's
time
▪
a
Parliament
met
at
London
[
⸪
](A26154-e70170-b)
⸪
An.
1102
,
and
there
the
Spiritualty
went
aside
,
and
made
several
Ecclesiastical
Constitutions
[
†
](A26154-e70190-b)
†
Eadmerus
p.
67.
.
The
Lower
Saecular
Clergy
therefore
were
there
,
whose
consent
to
the
framing
of
Canons
was
requisite
;
and
so
Hemingford's
Relation
of
it
plainly
implys
;
statuerunt
(
says
he
)
Archiepiscopi
,
&
Episcopi
cum
Clero
—
which
word
,
Clerus
,
when
oppos'd
to
Archbishops
,
and
Bishops
,
must
signify
some
of
the
Inferior
Saeculars
or
Regulars
,
and
not
merely
Abbats
and
Priors
.
In
the
Council
of
Gloster
,
Ann.
1123.
(
which
Hemingford
has
confounded
with
the
former
)
William
de
Corboyl
was
chosen
Archbishop
of
Cant.
[
†
](A26154-e70350-b)
†
Prior
&
Monachi
de
Cantwarabyrig
,
omnesque
alii
Monarchici
Ordinis
Viri
,
qui
ibi
fuerunt
,
oppugnarunt
illud
integrum
biduum
,
&c.
Tunc
elegerunt
quendam
Clericum
W.
de
Curboil
nomine
,
&c.
&
Rex
dedit
ei
Episcopatum
:
ac
omnes
Episcopi
eum
susceperunt
—
verùm
rejecerunt
Monachi
,
&
Comites
,
&
Thani
pene
omnes
qui
interfuerunt
.
Chron.
Sax.
p.
225.
.
Monks
only
are
mention'd
here
,
because
They
only
were
engag'd
in
the
Struggle
.
In
King
Stephen's
time
the
Lower
Clergys
Interest
in
these
State-meetings
is
set
in
something
a
better
Light
by
a
Passage
in
a
Charter
of
his
to
the
Church
of
Westminster
,
which
recites
,
that
in
his
third
Year
[
*
](A26154-e70460-b)
*
An.
1138.
there
was
at
Westminster
,
Universal●
totius
Angliae
Concilium
,
at
which
affuerunt
quidam
Comites
Regni
mei
,
&
Barones
mei
quam
plurimi
,
&
innumera
Multitudo
Cleri
&
Populi
[
*
](A26154-e70500-b)
*
The
Historians
speak
of
this
Meeting
in
the
very
same
words
,
particularly
Gervasius
;
who
after
saying
,
there
were
17
Bishops
,
and
30
Abbats
there
,
adds
,
cum
Cleri
&
Populi
multitudine
numerosâ
.
X.
Script
.
p.
1347.
So
also
Continuator
Florentii
,
ad
ann.
&
Hagustald
.
p.
327.
,
qui
hiis
omnibus
interfuerunt
,
&
religioso
favore
Voluntatem
&
Assensum
Auctoritatis
,
nostrae
Paginae
&
Privilegio
praebuerunt
[
†
](A26154-e70600-b)
†
Sulcard
.
fol.
60.
.
M.
Paris's
Expressions
relating
to
the
following
Reign
,
are
yet
Clearer
.
There
were
summon'd
,
he
says
(
2
H.
2.
)
Archiepiscopi
,
Episcopi
,
Abbates
,
multarumque
Ecclesiarum
Praelati
,
cum
Comitibus
,
&
Baronibus
totius
regni
,
ut
negotia
Regni
&
Ecclesiae
pertractarent
[
†
](A26154-e70670-b)
†
V.
Abb.
S.
Aug.
p.
79.
.
And
these
last
Words
are
probably
those
of
the
Writ
it self
,
by
which
they
were
summon'd
;
and
which
lay
before
Paris
,
in
the
Register
of
St.
Albans
,
that
he
was
then
transcribing
.
In
1162
,
he
tells
us
that
the
Universitas
Episcoporum
,
Abbatum
,
&
aliorum
Magnatum
met
at
Westminster
[
†
](A26154-e70720-b)
†
V.
Abb.
S.
Aug.
p.
79.
:
and
these
Alii
Magnates
are
in
his
History
explain'd
by
Comites
,
Barones
,
Archidiaconi
,
&
innumera
turba
regni
[
*
](A26154-e70750-b)
*
P.
99.
l.
1.
.
And
to
the
Articles
of
Clarendon
,
in
1164
,
he
says
there
swore
Archiepiscopi
,
Episcopi
,
Abbates
,
Priores
,
Clerus
,
cum
Comitibus
,
ac
Baronibus
,
&
Proceribus
cunctis
;
and
this
,
not
afterwards
,
but
upon
the
spot
,
Vivâ
voce
,
in
that
very
meeting
where
these
Constitutions
were
made
.
With
these
accounts
agree
those
which
Gervase
of
Dover
has
given
us
of
some
Great
Councils
in
the
same
Reign
.
That
at
Northampton
in
1157
,
was
compos'd
,
he
says
,
of
the
Praesules
&
Principes
regni
,
Abbates
nonnulli
,
aliaeque
inferioris
ordinis
personae
.
And
of
another
in
1168
he
particularly
observes
,
that
the
Subprior
and
Monks
of
Cant.
had
their
Writ
to
come
to
it
[
†
](A26154-e70860-b)
†
Convocati
sunt
,
illicò
apud
London
Praesules
&
Praelati
&
Proceres
,
ut
contra
mandata
Alexandri
Papae
&
Archiepiscopi
omnes
appellarent
.
Sed
&
Monachi
Cant.
ad
idem
sunt
Evocati
.
Act.
Pontif.
p.
1671.
And
to
this
,
or
some
such
other
Meeting
,
the
following
passage
in
his
Chronicle
referrs
.
Congregatio
Episcoporum
&
Abbatum
,
&
aliarum
personarum
Ecclesiasticarum
apud
Londonias
facta
est
.
Sed
&
Subprior
&
Monachi
Cant.
Ecclesiae
Imperio
Regis
jussi
sunt
etiam
adesse
.
p.
1404.
.
He
mentions
Those
only
,
because
He
himself
was
one
of
their
Number
.
And
in
the
last
Year
of
this
Prince
[
*
](A26154-e70930-b)
*
An.
1188
we
are
by
Hoveden
told
,
that
he
did
Magnum
celebrare
Concilium
Episcoporum
,
Abbatum
,
Comitum
,
&
Baronum
,
&
aliorum
multorum
tam
Clericorum
quam
Laicorum
[
†
](A26154-e70970-b)
†
P.
642.
.
In
the
6
R.
I.
the
same
Writer
informs
us
that
the
Bishops
,
Earls
and
Barons
were
call'd
to
the
Commune
Concilium
regni
;
and
the
first
day
that
they
met
,
the
Archbishops
,
the
Bishops
,
Abbats
,
&
Clerici
multi
Cant.
Dioces
.
[
*
](A26154-e71020-b)
*
i.
e.
Province
.
went
aside
into
the
Chappel
of
the
Infirmary
at
Westminster
,
and
Excommunicated
Earl
Iohn
,
and
all
his
Adherents
†
.
5
to
.
Ioh.
Military
Aids
were
given
the
King
by
his
Great
Men
in
a
Colloquium
at
Oxford
:
Nec
etiam
Episcopi
&
Abbates
,
sive
Ecclesiasticae
Personae
,
sine
promissione
recesserunt
[
‖
](A26154-e71110-b)
‖
M.
Par.
p.
209.52
.
.
17
o.
Ioh.
Convocatum
est
Parliamentum
Londoniis
,
praesidente
Archiepiscopo
cum
toto
Clero
,
&
tota
Secta
Laïcali
[
⸪
](A26154-e71170-b)
⸪
Author
Eulogii
apud
Selden
.
Tit.
Hon.
part
2.
c.
5.
Which
Expression
,
how
forcible
soever
,
yet
being
General
,
I
should
not
have
mention'd
,
had
not
the
Learned
Sir
R.
Cotton
made
use
of
it
before
,
to
shew
,
that
the
Inferior
Ministers
of
the
Church
,
as
well
as
Bishops
,
had
suffrage
in
Parliament
[
†
](A26154-e71200-b)
†
Remains
p.
209.
.
Indeed
some
of
this
Princes
Great
Councils
seem
,
as
to
the
Spiritual
part
of
them
,
to
have
been
compos'd
only
of
Bishops
,
Abbats
and
Priors
;
as
may
probably
be
collected
from
a
Writ
in
his
8
th
.
Year
[
†
](A26154-e71240-b)
†
Pat.
8.
Ioh.
m.
1.
apud
Pryn.
Parl.
Wr.
1
Vol.
Praef.
,
reciting
,
that
these
Great
Clergymen
had
granted
him
an
Aid
in
Parliament
;
and
demanding
the
like
Aid
of
the
Saecular
Clergy
of
the
Province
of
Cant.
below
Bishops
,
then
assembled
in
Convocation
.
However
in
others
of
them
,
more
of
the
Clergy
were
plainly
present
;
particularly
in
one
15
to
.
Ioh.
at
London
,
to
which
Stephanus
Cant.
Arch.
cum
Episcopis
,
Abbatibus
,
Prioribus
,
Decanis
,
&
Baronibus
regni
is
said
to
have
come
*
.
And
the
Archdeacons
,
though
not
specify'd
were
probably
there
;
for
the
Clergy
we
find
,
went
Synodically
apart
,
and
made
Canons
;
which
implys
the
Presence
and
Concurrence
of
the
Archdeacons
,
who
were
a
necessary
part
of
every
Synod
;
and
had
therefore
,
allmost
an
100
years
before
this
,
been
summon'd
particularly
by
the
Archbishop
to
the
Council
of
London
[
†
](A26154-e71360-b)
†
An.
1125
See
the
Archbishops
Writ
of
Summons
in
Spelm.
Conc.
Vol.
2.
p.
33.
taken
out
of
the
Codex
Landavensis
.
'T
is
the
most
ancient
Summons
of
any
kind
that
I
have
ever
observ'd
.
.
In
the
next
Reign
,
the
Archdeacons
presence
in
Parliament
is
frequently
taken
notice
of
by
our
Historians
,
as
may
appear
from
the
following
Passages
in
M.
Paris
,
and
the
Annals
of
Burton
.
1231
1231/2
2
XVI
.
Cal.
Ian.
habitum
est
apud
S.
Albanum
ingens
Consistorium
Abbatum
,
Priorum
,
Archidiaconorum
,
cum
ferè
totâ
Nobilitate
regni
,
Magistrorum
,
&
Clericorum
—
M.
Par.
p.
372.
1247.
Fecit
Dominus
Rex
Magnates
suos
,
nec
non
&
Angliae
Archidiaconos
per
Scripta
sua
Regia
Londinum
evocari
.
Ib.
p.
719.
&
agen
,
Convenerant
etiam
tùnc
ibidem
,
ut
praetactum
est
,
Archidiaconi
Angliae
,
nec
non
&
totius
Cleri
pars
non
minîma
,
cum
ipsis
Magnatibus
conquerentes
communiter
super
intolerabilibus
&
frequentibus
Exactionibus
domini
Papae
.
—
Tandem
de
Communi
Consilio
provisum
est
,
ut
Gravamina
terrae
domino
Papae
seriatim
monstrarentur
ex
parte
Communitatis
totius
Cleri
&
Populi
regni
Anglicani
.
pp.
720
,
721.
1255.
Post
festum
S
t.
Mich.
tenuit
Rex
Parliamentum
suum
apud
Westminster
,
convocatis
ibidem
Episcopis
,
Abbatibus
,
&
Prioribus
,
Comitibus
,
&
Baronibus
,
&
totius
Regni
Majoribus
,
in
quo
petebat
a
Clero
de
Laïcis
Foedis
suis
sibi
[
Suffragium
]
[
*
](A26154-e71690-b)
*
Subsidium
.
exhiberi
—
disponens
hoc
priùs
a
Clero
,
&
post
eà
à
Populo
Majori
&
Minori
extorquere
.
Episcopi
vero
,
Abbates
,
Priores
,
&
Procuratores
qui
ibidem
pro
Universitate
affuerunt
,
nolentes
huic
exactioni
adquiescere
—
Gravamina
summo
Pontifici
sub
sigillis
destinarunt
,
Quorum
Tenor
Talis
est
.
De
Archidiaconatu
Lincolniae
Articuli
pro
Communitate
.
Procuratores
Beneficiatorum
Archidiaconatûs
Lincoln
,
pro
totâ
Communitate
proponunt
,
&c.
Ann.
Burt.
pp.
355
,
356.
1256.
A
Writ
from
the
Bishop
of
Litchfield
and
Coventry
to
the
Archdeacon
of
Stafford
,
commanding
him
to
collect
the
Papal
Procurations
,
ipsam
Pecuniam
tali
die
in
Parliamento
Londoniensi
nobis
assignantes
(
Ibid.
p.
372.
)
Which
supposes
the
Archdeacons
Then
to
have
attended
the
Parliament
.
And
accordingly
the
next
time
it
was
assembled
,
we
again
find
them
there
:
For
a
Debate
arising
,
this
Resolution
was
taken
;
Commune
Concilium
super
hoc
resedit
,
quod
Decani
,
Praelati
Regulares
,
ac
Archidiaconi
tractabunt
cum
suis
Capitulis
&
Clericis
ita
quod
ad
mensem
post
Pascha
redeant
per
Procuratores
instructos
ad
plenè
respondendum
(
Ann.
Burt.
p.
374.
)
The
meaning
of
which
was
,
that
the
Deans
,
Priors
and
Archdeacons
appeared
in
Parliament
,
not
for
themselves
alone
,
but
for
the
whole
Clergy
of
the
Body
,
or
District
over
which
they
presided
;
bringing
up
from
them
Procuratorial
Letters
[
†
](A26154-e71860-b)
†
See
a
Bishop's
Mandate
to
this
purpose
,
in
the
next
Year
(
1257
)
which
runs
,
ut
praedicti
Dicanus
&
Prior
dictarum
Cathedralium
Ecclesiarum
[
Cov.
&
Litchf
.
]
,
Abbates
,
&
alii
Priores
,
cum
Literis
Procuratoriis
nomine
Congregationum
suarum
confectis
,
ac
dicti
Archidiaconi
cum
Literis
similibus
factis
ex
parte
Clericorum
qui
subsunt
eïsdem
—
dictis
die
&
loco
peronaliter
intersint
.
Ann.
Burt.
p.
382.
This
Summons
was
purely
Synodical
.
P.
9.
of
this
Book
,
I
have
given
two
Instances
,
wherein
the
same
method
was
at
this
time
practis'd
in
relation
to
the
Parliament
.
,
in
which
their
Powers
were
sometimes
specify'd
,
and
limited
:
and
this
made
a
Recourse
to
their
Principals
necessary
,
as
often
as
any
thing
was
propos'd
,
that
exceeded
the
Limits
of
those
Powers
.
This
was
by
way
of
Indulgence
to
the
Lesser
Clergy
,
in
times
,
when
Summons
to
Parliaments
were
very
frequent
,
and
consequently
Attendance
there
very
Expensive
and
Troublesome
.
And
the
constitution
of
Reading
therefore
(
so
often
cited
)
which
first
made
distinct
Proctors
from
the
Rural
Clarks
of
every
Diocese
,
a
fixt
and
necessary
part
of
the
Clergys
Parliamentary
Assemblys
,
did
it
not
as
a
Priviledge
,
but
a
Burthen
:
for
it
commands
them
to
be
return'd
,
etiamsi
de
Conturbatione
vel
Expensis
oporteat
fieri
mentionem
,
i.
e.
notwithstanding
the
Trouble
and
Charge
it
might
be
to
them
.
This
they
felt
not
,
while
the
Archdeacons
were
Commission'd
to
act
for
them
;
who
being
bound
Themselves
to
attend
in
Person
,
by
taking
Procuratoria
from
the
Inferior
Clerks
,
lessen'd
Their
Charge
,
without
increasing
their
Own
:
But
assoon
as
the
Clergy
sent
up
Distinct
Proctors
,
they
were
oblig'd
to
maintain
them
.
The
Laiety
,
I
find
,
were
at
this
time
indulg'd
in
like
manner
,
but
in
an
Higher
Degree
:
for
in
the
Parliament
of
Oxford
(
Ann.
1258.
)
this
Memorable
Provision
was
made
,
which
I
shall
for
more
than
one
reason
here
insert
intirely
.
Si
fet
a
remembrer
ke
le
Commun
es●ise
XII
prodes
homes
ke
vendrunt
as
Parlemenz
(
which
by
the
last
Article
were
to
be
held
three
times
every
Year
)
&
autre
fez
quant
mester
serra
,
quant
Rei
,
u
sun
Cunseil
,
les
mandera
pur
treter
de
bosoingnes
del
Rei
&
del
Reaume
.
Et
ke
le
Commun
tendra
pur
estable
cer
ke
ces
XII
.
frunt
:
&
ceo
serra
fet
pur
esparnier
le
Cust
del
Commun
[
†
](A26154-e72120-b)
†
Ann.
Burt.
p.
416.
.
These
Words
,
at
first
sight
,
might
pass
well
enough
for
a
Proof
,
that
the
Commons
of
England
,
properly
so
call'd
,
were
now
represented
in
Parliament
.
But
upon
comparing
the
several
parts
of
the
Relation
,
it
appears
,
that
these
very
Twelve
,
who
are
here
said
to
be
elected
par
le
Commun
,
are
in
another
place
mention'd
as
chosen
by
the
Barons
.
And
therefore
the
Community
here
spoken
of
,
must
be
the
Community
of
the
Baronage
,
or
Military
Tenants
,
who
(
the
Highest
as
well
as
the
Lowest
)
did
,
it
seems
,
impower
this
Committee
of
Twelve
to
act
for
them
in
the
three
Annual
Parliaments
then
appointed
to
be
held
.
And
These
,
together
with
the
King's
Council
of
Fifteen
(
at
the
same
time
chosen
)
had
Authority
to
make
Acts
and
Ordinances
;
as
appears
evidently
from
the
Provisions
publish'd
the
next
Year
,
in
the
Parliament
at
Westminster
,
of
which
it
is
said
—
Ces
sunt
les
Purveances
&
les
Establissimentz
●aitz
a
Westmoster
al
Parlement
,
a
la
seint
Michel
,
par
le
Rei
&
sun
Conseil
[
†
](A26154-e72250-b)
†
Who
the
King's
Council
were
,
appears
p.
413
,
&
les
XII
par
le
Commun
Conseil
esluz
,
(
after
which
these
remarkable
Words
follow
)
par
devant
le
Communance
de
Engleterre
,
ke
dunke
fu
a
Westmuster
,
le
an
del
regne
Henry
le
fiz
le
Rei
Iohan
quarantieme
terz
[
*
](A26154-e72330-b)
*
Ibid.
p.
435.
.
The
Community
of
England
therefore
,
as
distinguish'd
from
the
Community
of
Barons
,
or
Great
Tenants
in
Chief
,
(
represented
here
by
the
Committee
of
XII
)
were
at
,
and
of
this
Assembly
;
though
the
Enacting
part
of
the
Provisions
then
pass'd
,
did
not
run
in
Their
Name
,
whose
proper
Province
it
was
to
Represent
,
and
to
Petition
.
Accordingly
at
their
Instance
these
very
Provisions
were
made
,
as
the
same
Annals
inform
us
,
—
Significavit
Communitas
Bacheleriae
Angliae
Domino
Edvardo
filio
regis
,
Comiti
Gloverniae
,
&
aliis
Iuratis
de
Concilio
Regis
apud
Oxoniam
,
quòd
dominus
Rex
totaliter
fecerat
&
adimplevit
omnia
&
singula
quae
providerant
Barones
,
&
sibi
imposuerant
facienda
;
&
quòd
ipsi
Barones
nihil
ad
utilitatem
reipublicae
sicut
promiserant
fecerunt
,
nisi
Commodum
Proprium
&
Damnum
Regis
ubique
;
&
quòd
nisi
inde
fieret
Emendatio
,
alia
ratio
Pactum
reformaret
.
—
Upon
which
it
follows
—
Tandem
videntes
Barones
magis
expedire
promissa
sua
per
seipsos
adimpleri
quàm
per
alios
,
publicè
fecerunt
Provisiones
suas
promulgari
subsequentes
[
*
](A26154-e72450-b)
*
pp.
427
,
428.
.
Here
the
Communitas
Bacheleriae
Angliae
are
the
same
with
the
Communance
de
Engleterre
before
mention'd
:
And
that
These
were
no
Tumultuary
Rabble
,
but
a
Constituent
Part
of
the
Parliament
,
who
had
an
Interest
there
,
and
a
Power
of
acting
within
their
proper
Sphaere
,
is
manifest
from
their
threatning
the
Barons
,
that
if
they
did
not
publish
the
Provisions
agreed
on
at
Oxford
,
they
would
do
it
themselves
;
that
is
,
they
would
step
out
of
their
Circle
,
and
Ordain
,
whereas
they
were
us'd
only
to
Represent
,
or
to
Petition
.
And
that
this
word
,
Bachilers
,
was
then
apply'd
to
the
Commonalty
,
as
we
now
understand
the
word
,
may
be
gather'd
,
I
think
,
from
another
Writer
[
*
](A26154-e72550-b)
*
Wykes
.
,
who
a
few
Years
after
this
tells
us
,
that
the
Inferior
sort
of
People
,
who
in
every
Town
and
Borough
,
did
without
,
and
against
the
Governing
part
of
it
combine
together
for
the
Redress
of
Grievances
,
styl'd
themselves
by
this
Name
;
in
imitation
,
I
suppose
,
of
the
great
Communitas
Bacheleriae
Angliae
,
who
push'd
on
this
Reformation
in
Parliament
.
Indeed
Wykes
,
a
Warm
Advocate
for
the
Crown
,
uses
the
word
there
in
an
angry
and
reproachful
Sense
;
the
Licentiousness
,
and
Disorders
of
those
Times
having
distasted
him
:
but
that
it
had
a
more
Honourable
Meaning
some
Years
before
this
M.
Paris
shews
[
†
](A26154-e72610-b)
†
Ad
Ann.
1244.
;
and
that
it
recover'd
its
Credit
again
,
and
was
long
afterwards
imploy'd
to
signify
those
Commoners
of
Lower
Rank
,
who
had
place
in
Parliament
,
take
these
two
Instances
out
of
many
.
Rex
die
crastino
Coronationis
suae
de
assensu
Baronum
sibi
assistentium
delegit
&
per
Literas
suas
Patentes
vocavit
&
constituit
duos
Episcopos
,
duos
Comites
,
duos
Barones
,
duos
Bannerettos
,
&
quatuor
Bachiliers
de
Consilio
,
Statu
,
Honore
,
&
Emolumento
Regis
&
Regni
procurando
&
ordinando
,
&c.
Rot.
Pat.
1.
R.
2.
p.
2.
m.
16.
And
again
in
the
last
Year
of
this
Prince
,
the
Lower
House
of
Parliament
are
,
in
the
Instrument
of
his
Deposition
[
*
](A26154-e72680-b)
*
See
it
ad
calcem
X
Script
.
,
more
than
once
call'd
The
Bachilers
and
Commons
of
this
Land
.
Upon
the
Whole
therefore
I
must
needs
,
till
I
am
better
inform'd
,
think
this
a
clear
Proof
,
that
the
Commons
,
properly
so
call'd
,
had
Interest
in
Parliament
,
before
the
49
H.
III
;
notwithstanding
what
has
been
said
to
the
contrary
by
some
Learned
Persons
,
whom
for
their
great
Skill
in
our
English
Antiquitys
I
honor
.
And
with
due
Reverence
to
Them
,
I
shall
(
since
I
am
upon
this
Head
)
beg
Leave
further
to
say
;
That
had
such
a
Change
hapned
all
at
once
,
in
this
Point
of
time
which
they
have
pitch'd
upon
,
some
of
our
English
Annals
would
to
be
sure
have
taken
notice
of
it
:
which
yet
I
do
not
find
that
any
One
of
them
has
done
.
On
the
contrary
,
several
of
them
speak
of
the
Parliaments
preceding
this
in
Terms
that
imply
them
to
have
been
at
least
as
Numerous
.
For
instance
,
a
Parliament
in
the
48.
H.
III.
is
thus
describ'd
by
Matth.
of
Westminster
,
Maxima
cöadunatur
Congregatio
Londini
Procerum
&
caeterorum
Praelatorum
regni
,
quanta
non
est
visa
longo
tempore
in
Angliâ
[
*
](A26154-e72790-b)
*
P.
384.
To
this
Parliament
the
Record
(
printed
by
Mr.
Petyt
Miscell
.
Parl.
p.
41.
)
referrs
,
which
contains
a
Form
of
Peace
à
Domino
Rege
,
&
Domino
Edmundo
,
Praelatis
&
Proceribus
,
&
Communitate
totâ
regni
Angliae
communiter
&
concorditer
approbata
.
It
was
seald
in
Parliament
,
de
consensu
,
voluntate
,
&
praecepto
domini
Regis
,
nec
non
Praelatorum
,
Procerum
,
ac
etiam
Communitatis
,
tunc
ibidem
praesentium
.
Rot.
Parl.
48.
H.
III.
pars
.
unic
.
m.
6.
dors.
in
Scaccario
.
;
and
of
another
in
the
same
year
,
he
says
,
M●gnum
celebratum
est
Parliamentum
Londini
[
†
](A26154-e72910-b)
†
Ibid.
:
the
very
word
that
is
us'd
of
that
in
the
49
II.
III.
by
the
,
Annals
of
Waverley
[
⸪
](A26154-e72940-b)
⸪
P.
216.
;
which
Wykes
passes
over
with
this
mention
onely
,
Convocatio
non
mimima
Procerum
Anglicorum
[
†
](A26154-e72970-b)
†
P.
65.
.
This
was
,
I
know
,
a
very
busy
and
bloody
Year
,
and
bred
much
business
for
the
Pens
of
our
Historians
:
However
no
Passage
in
it
could
be
more
Considerable
than
this
of
the
Enlargement
of
our
Great
Councils
,
had
it
then
newly
hapned
;
nor
would
have
deserv'd
better
to
be
recorded
.
When
the
Clause
,
Premunientes
,
was
first
inserted
into
the
Bishop's
Writ
,
our
Historys
take
notice
of
it
[
⸪
](A26154-e72990-b)
⸪
Knighton
.
Annal.
Winton
.
Chron.
Abendon
.
;
and
so
they
would
(
some
of
them
at
least
)
of
these
New
Writs
for
the
Knights
,
Citizens
,
and
Burgesses
,
had
they
then
first
issued
out
.
'T
is
true
,
the
same
Objection
lys
against
fixing
the
Date
of
this
Change
in
any
Year
,
if
it
were
necessary
to
fix
it
in
any
,
which
I
suppose
it
is
not
:
the
Alteration
being
,
as
I
apprehend
,
not
made
all
at
once
,
by
any
sudden
and
Violent
Shock
in
the
Government
;
but
introduc'd
leysurely
,
and
by
easy
degrees
,
according
as
the
Exigences
of
the
Times
,
and
the
Designs
of
the
Partys
th●n
contending
either
for
Empire
,
or
Liberty
would
allow
of
it
:
the
Barons
favoring
the
growth
of
the
Commons
Interest
in
Parliament
,
as
promising
themselves
from
thence
an
assistance
toward
making
their
stand
against
the
Crown
;
and
the
King
hoping
also
by
Their
Means
to
be
the
better
able
to
curb
his
Troublesome
Barons
.
And
the
steps
by
which
their
Parliamentary
Interest
grew
to
the
full
Heighth
wherein
we
find
it
,
toward
the
Latter
End
of
H.
the
III
,
were
such
as
These
.
Sometimes
the
King
wanted
an
Account
of
the
Antient
Customes
and
Usages
of
the
Realm
,
and
directed
Writs
therefore
to
the
Sheriffs
,
to
return
a
certain
Number
of
Knights
for
every
County
,
to
inform
Him
,
and
his
Great
Council
concerning
them
:
This
was
practis'd
in
the
Conqueror's
Reign
[
†
](A26154-e73060-b)
†
Chronic.
Litchfeld
.
apud
Selden
.
in
Eadm
.
p.
172.
.
At
other
times
,
when
the
People
had
layn
under
Great
Oppressions
and
Grievances
,
the
Shires
were
order'd
to
send
up
each
their
Representatives
,
who
should
lay
the
Particulars
before
the
King
and
his
Nobles
:
Such
a
Summons
went
out
in
the
15
th
.
Year
of
King
Iohn
[
*
](A26154-e73090-b)
*
M.
Par.
p.
239.
.
And
the
same
Year
also
there
was
a
more
Generall
General
Call
of
Quatuor
Discreti
Milites
de
quolibet
Comitatu
,
ad
loquendum
nobiscum
de
Negotiis
regni
nostri
[
†
](A26154-e73120-b)
†
Cl.
15.
Ioh.
pt.
2.
m.
7.
dors.
apud
Seld.
T.
H.
p.
587.
;
without
specifying
the
Particular
Business
about
which
they
were
summon'd
.
Sometimes
these
Knights
were
,
together
with
the
Sheriffs
,
to
appear
in
Parliament
,
and
account
for
their
several
Shires
,
in
relation
to
some
Subsidys
formerly
granted
,
the
Collection
of
which
they
had
been
appointed
to
take
care
off
[
(⸪)
](A26154-e73150-b)
(⸪)
Cl.
4.
H.
3.
m.
5.
dors.
:
sometimes
they
were
call'd
up
in
order
to
a
Grant
;
ad
providendum
(
as
the
Words
of
the
Writt
are
[
⸫
](A26154-e73180-b)
⸫
Cl.
38.
H.
3.
m.
7.
&
12.
dors.
)
unà
cum
Militibus
aliorum
Comitatuum
,
quos
ad
eundem
diem
vocari
fecimus
,
quale
Auxilium
nobis
in
tantâ
necessitate
impendere
voluerint
.
They
were
to
take
their
Instructions
from
a
Country-Meeting
,
where
the
Busyness
of
this
Assembly
was
previously
to
be
debated
,
and
the
Result
of
those
Debates
was
to
be
layd
before
the
King
and
his
Great
Council
,
by
these
special
Messengers
,
quos
iidem
Comitatus
elegerint
,
vice
omnium
&
singulorum
eorundem
.
By
these
,
and
such
steps
of
these
,
the
Commons
recover'd
their
Priviledges
,
which
the
Norman
Conquest
seems
to
have
eclyps'd
a
little
,
without
extinguishing
;
and
not
onely
recover'd
,
but
enlarg'd
'em
:
till
they
came
at
last
,
about
the
End
of
H.
the
III.
to
that
Height
of
Parliamentary
Power
and
Interest
which
they
now
enjoy
.
And
by
the
like
steps
,
I
question
not
,
the
Lower
Clergy
rose
allso
;
bearing
the
Commons
Company
on
all
these
Occasions
,
as
they
remarkably
did
in
the
Last
Instance
produc'd
:
where
,
at
the
same
time
that
Praecepts
went
out
to
the
Sheriffs
to
return
duos
Legales
&
Discretos
Milites
for
every
Shire
,
Writs
went
out
also
to
the
Bishops
to
convene
the
Clergy
of
each
Diocese
,
and
propose
the
Kings
busyness
to
them
,
and
from
that
Diocesan
Meeting
,
to
send
up
certain
discreet
Men
by
them
Chosen
;
who
should
attend
at
the
same
Time
and
Place
,
and
for
the
same
Purposes
that
the
Knights
of
Countys
did
[
†
](A26154-e73320-b)
†
Pryn.
Reg.
Parl.
Wr.
Vol.
1.
p.
4
,
5.
.
It
cannot
therefore
be
said
,
that
the
Commons
were
first
call'd
to
Parliament
in
the
49
H.
III
;
but
that
they
then
,
or
there
abouts
,
began
to
be
Summon'd
thither
uninterruptedly
,
and
to
grow
a
fixt
and
necessary
part
of
the
Meeting
.
The
Learned
Advocate
,
I
know
,
on
the
other
side
has
doubted
(
and
Dr.
W.
therefore
is
very
pardonable
in
doubting
after
him
)
whether
from
the
49.
H.
III.
to
the
18
E.
I.
any
Summons
went
out
,
because
the
Writts
are
lost
.
But
this
,
I
think
,
will
bear
no
doubt
:
for
that
Loss
is
,
as
it
happens
,
pretty
well
supply'd
by
our
Histories
;
and
I
shall
produce
the
Passages
from
thence
that
prove
it
.
The
Parliament
of
the
next
Year
which
met
after
the
E.
of
Leicester
was
slain
,
and
the
King
set
at
Liberty
,
is
just
so
spoken
of
as
that
in
the
49
th
.
Factum
est
Parliamentum
Magnum
Wintoniae
[
*
](A26154-e73420-b)
*
Ann
Waverl.
p.
220.
;
and
so
is
that
in
1266
,
at
Kenilworth
[
⸪
](A26154-e73450-b)
⸪
Iibid.
p.
224.
,
and
another
in
1268
,
at
Northampton
[
(⸫)
](A26154-e73470-b)
(⸫)
Ibid.
p.
222.
.
In
which
Year
allso
Wykes's
words
are
,
that
the
King
conven'd
all
the
Praelates
and
Great
Men
,
nec
non
cunctarum
Regni
sui
Civitatum
Pariter
&
Burgorum
Potentiores-confluente
pariter
Plebeiae
Multitudinis
(
i.
e.
of
the
Commonalty
of
every
County
)
Turbâ
non
modicà
[
†
](A26154-e73540-b)
†
Chronic.
p.
85.
.
But
more
express
are
the
words
of
the
former
Annalist
,
in
the
1.
E.
I.
when
,
he
says
,
Convenerunt
Archiepiscopi
,
Episcopi
,
Comites
,
Barones
,
Abbates
,
Priores
,
&
de
quolibet
Comitatu
Quatuor
Milites
,
&
de
quâlibet
Civitate
Quatuor
[
*
](A26154-e73610-b)
*
Ann.
Waverl
.
p.
227.
The
●ame
words
occurr
allso
into
the
Annalls
of
Worster
,
apud
A.
S.
Vol.
1.
p.
499.
and
in
Annales
Monasterii
Hidae
extra
Winton
.
MS.
Bibl.
Bodl.
1891.
.
1274.
The
Assembly
that
met
per
Evocationem
Regiam
,
upon
E.
the
I's
Return
into
England
,
was
compos'd
of
Comitum
,
Baronum
,
&
Militum
Copiosa
Caterva
,
besides
the
Representatives
of
the
City
of
London
,
&
caeterarum
Civitatum
,
&
Oppidorum
totius
regni
[
*
](A26154-e73740-b)
*
Wykes
p.
187.
;
to
wit
,
of
such
as
sent
Members
to
Parliament
.
1275.
The
Statute
of
Westminster
was
made
by
the
Assent
of
Archbishops
,
Bishops
,
Abbats
,
Priors
,
Counts
,
&
tout
la
Cominaltie
de
la
Terre
illonques
summone●s
.
1282.
The
King
's
Writ
to
the
Archbishop
recites
,
that
he
had
begun
the
War
with
Lewellin
,
de
Consilio
Praelatorum
,
Procerum
,
&
Magnatum
regni
,
nec
non
&
totius
Communitatis
ejusdem
.
Dat.
apud
Rotholan
.
Nov.
22.
regni
11
[
*
](A26154-e73830-b)
*
Registrum
Peckam
.
.
1285.
Circa
festum
S.
Mich.
rex
convocari
fecit
apud
Salopesbiriam
Majores
regni
sui
&
sapientiores
tam
de
Civibus
quàm
de
Magnatibus
[
†
](A26154-e73870-b)
†
Wykes
p.
111.
.
1288.
Convocatis
Edicto
publico
regni
magnatibus
—
Episcopus
Eli
,
Regis
Thesaurarius
,
petiit
Subsidium
à
Comitibus
&
Baronibus
,
imò
&
generaliter
ab
Omnibus
Incolis
regni
.
Which
last
words
are
apply'd
to
the
Commons
,
in
the
Writs
[
†
](A26154-e73940-b)
†
Writ
of
23
E.
I.
summons
ad
trac●and
cum
Praelatis
,
Proceribus
,
&
aliis
Incolis
regni
.
Dugd.
Surm
.
p.
10.
and
Historys
[
*
](A26154-e73980-b)
*
M.
Westm.
ad
ann.
1297.
Exigendo
pro
hâc
concessione
ab
Incolis
octavum
denarium
.
Qui
mox
concessus
est
a
Plebe
in
suâ
tunc
Camerâ
circumstante
.
p.
430.
of
those
times
.
This
Collection
of
Authoritys
is
Material
,
not
onely
as
it
affords
us
a
proof
,
that
from
the
49
H.
III.
to
the
18.
E.
I.
the
Commons
continued
to
be
Summon'd
;
but
as
it
is
a
strong
Presumption
also
,
that
they
were
so
summon'd
before
it
.
For
had
they
first
been
call'd
,
when
the
King
was
under
a
Force
,
and
in
the
hands
of
Simon
Momfort
,
as
soon
as
that
Force
had
been
remov'd
,
and
the
King
at
Liberty
,
such
a
Practise
,
so
ill
begun
,
would
certainly
have
been
discontinu'd
:
whereas
we
find
on
the
contrary
,
that
the
Last
Eight
Years
of
H.
the
III.
and
the
first
Seventeen
of
E.
the
I.
afford
us
frequent
Instances
of
it
.
And
(
which
deserves
our
Notice
)
it
then
grew
to
be
most
frequently
us'd
,
and
most
unalterably
fix'd
,
when
E.
the
I.
one
of
the
most
Potent
and
Glorious
Monarchs
that
ever
sway'd
the
English
Scepter
,
was
arriv'd
at
the
utmost
pitch
of
his
Power
and
Grandeur
.
So
far
is
that
Excellent
Constitution
of
Parliaments
,
we
at
present
live
under
from
owing
its
rise
to
the
Weakness
of
our
Princes
,
and
the
Encroachments
made
by
Rebellious
Subjects
upon
their
Royal
Authority
.
As
for
the
Appeal
made
to
our
Records
,
it
has
,
I
presume
,
no
manner
of
weight
:
for
what
wonder
,
if
in
such
times
of
War
and
Confusion
all
the
Writs
of
Summons
to
the
Commons
before
this
Aera
should
be
lost
?
The
same
thing
has
hapned
to
the
Writs
for
the
Temporal
Lords
also
;
none
of
which
Elder
than
this
date
are
preserv'd
:
but
I
hope
,
it
follows
not
from
hence
,
that
they
were
never
before
this
Summon'd
.
How
Beaten
a
point
soever
this
may
be
,
I
could
not
forbear
saying
something
to
it
,
as
it
fell
in
my
way
;
especially
since
it
bears
so
near
an
allyance
to
the
subject
I
am
upon
:
For
it
is
certain
(
as
I
have
said
often
,
and
shall
once
again
repeat
)
that
the
Parliamentary
Interests
and
Priviledges
of
the
Commons
Spiritual
and
Temporal
ran
even
allwayes
;
or
,
at
least
,
were
never
far
a
sunder
:
and
they
do
therefore
,
when
made
out
,
mutually
prove
each
other
.
And
now
,
having
said
so
much
in
this
case
my self
,
I
may
the
more
freely
venture
to
shew
the
weakness
of
an
Argument
that
has
been
lately
offer'd
on
the
same
side
,
by
Mr.
Nicholson
.
He
has
discover'd
a
Record
(
where
indeed
one
would
hardly
look
for
it
)
in
a
Dictionary
;
which
,
he
thinks
,
plainly
proves
that
the
People
had
their
Representatives
in
Parliament
before
the
Aera
commonly
assign'd
;
and
he
wonders
that
none
who
have
written
on
this
Argument
,
should
have
taken
notice
of
it
[
*
](A26154-e74190-b)
*
Hist.
Lib.
Vol.
3.
p.
60
.
To
Ease
him
of
his
wonder
,
I
will
whisper
the
reason
of
it
to
him
in
his
Ear
;
it
was
,
because
those
Knowing
Gentlemen
saw
it
was
frivolous
,
and
not
worth
the
mentioning
.
The
Words
,
as
they
stand
in
Somner's
Translation
are
,
—
Consiliarii
qui
fuerint
electi
a
Nobis
&
à
gentis
Plebe
in
regno
nostro
,
&c.
I
have
no
skill
in
the
Tongue
,
Mr.
Somner
had
certainly
a
great
deal
,
and
Mr.
Nicholson
has
some
,
if
at
least
we
may
take
a
Friends
[
†
](A26154-e74250-b)
†
Praef.
Chronic.
Saxonic
.
word
for
it
.
However
in
opposition
to
both
,
I
must
bég
leave
to
say
,
that
either
the
Original
is
faulty
,
or
the
Translation
not
proper
:
and
I
do
this
,
upon
very
good
Grounds
,
because
it
differs
from
the
Translation
which
the
Parliament
it self
made
of
this
Record
:
for
,
as
Mr.
Nicholson
ought
to
have
known
,
it
was
publish'd
by
them
in
three
several
Languages
,
English
,
Latin
,
and
French
;
and
the
French
Copy
of
it
we
have
in
the
Printed
Annalls
of
Burton
[
†
](A26154-e74290-b)
†
P.
417.
,
which
were
written
at
the
very
Time
when
this
Charter
was
fram'd
.
And
there
the
words
are
,
Nostre
Cunseil
—
ke
est
eslu
par
nous
,
ou
par
la
Commun
de
nostre
Reaume
.
It
was
,
it
seems
,
at
that
Oxford
Parliament
agreed
,
that
the
Kingdom
should
be
govern'd
by
a
Council
of
Twenty
Four
,
Twelve
of
which
should
be
chosen
by
the
King
,
and
Twelve
by
the
Community
,
i.
e.
by
the
Baronage
,
not
by
the
Commons
properly
so
call'd
;
as
is
manifest
from
the
whole
Course
of
the
Story
,
and
particularly
from
that
Branch
of
it
,
where
the
Names
of
the
Twenty
Four
are
set
down
[
*
](A26154-e74360-b)
*
All
but
One.
,
under
these
Titles
;
Electi
ex
parte
Domini
Regis
,
and
Electi
ex
parte
Comitum
&
Baronum
[
†
](A26154-e74400-b)
†
P.
412.
.
And
not
the
Electors
onely
,
but
every
one
of
the
Twelve
allso
,
who
were
thus
Elected
,
were
Barons
.
It
is
sufficiently
evident
from
hence
,
that
the
words
,
Electi
à
Plebe
,
give
us
no
true
account
of
that
part
of
the
Record
they
pretend
to
Translate
;
and
that
our
Historicall
Librarian
therefore
might
have
kept
this
Rarity
to
himself
,
and
the
World
not
have
been
injur'd
by
his
Reserv'dness
.
Mr.
Archdeacon
fitly
puts
me
in
mind
of
the
point
from
whence
I
wander'd
.
I
was
proving
,
that
there
is
frequent
mention
of
his
Order
,
as
call'd
to
Parliament
,
in
H.
the
III's
Reign
;
and
of
this
I
gave
several
Instances
:
there
are
others
,
which
prove
the
yet
Lower
Ranks
of
the
Clergy
to
have
been
present
there
.
For
Example
,
1229.
13.
H.
III.
Fecit
Rex
convenire
apud
Westm
—
Dominos
Archiepiscopos
,
Episcopos
,
Abbates
,
Priores
,
Templarios
,
Hospitalarios
,
Comites
,
Barones
,
Ecclesiarum
Rectores
,
&
qui
de
se
tenebant
in
Capite
,
ad
Locum
praefixum
&
diem
,
ut
audirent
Negotia
memorata
,
&
de
rerum
Exigentiis
communiter
tractarent
ibidem
[
*
](A26154-e74530-b)
*
M.
Par.
p.
367.
.
By
Ecclesiarum
Rectores
here
I
understand
,
not
Deans
,
and
Archdeacons
onely
,
but
some
of
the
Rurall
Rectors
of
Parishes
;
the
words
being
employ'd
in
this
sense
frequently
in
the
Records
of
this
Reign
[
†
](A26154-e74590-b)
†
See
Pat.
11.
H.
III.
m.
10.
apud
Pryn
Eccl.
Juris
.
T.
2.
p.
406.
Cl.
32.
H.
III.
m.
12.
dors.
ibid.
p.
718.
.
1232.
A
Tax
is
said
to
be
given
by
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
&
Clerici
terras
habentes
quae
ad
Ecclesias
suas
non
pertinent
[
⸪
](A26154-e74680-b)
⸪
Cl.
16.
H.
III.
m.
2.
dors.
Which
M.
Par.
seems
to
have
copied
,
where
he
says
,
that
at
this
Meeting
there
was
given
the
King
a
40th
.
ab
Episcopis
,
Abbatibus
,
Prioribus
,
Clericis
&
Laïcis
,
p.
318.
,
to
which
are
joyn'd
,
on
the
Laypart
,
Earls
,
Barons
,
Knights
,
and
Free-men
,
&
Villani
de
Regno
.
A
Learned
Person
[
†
](A26154-e74740-b)
†
Dr.
Brady
Introd.
p.
220.
says
these
Clergymen
were
such
as
had
Lands
,
the
Fee
of
which
was
in
the
Crown
,
and
not
in
the
Church
:
and
if
so
,
we
must
suppose
'em
to
be
the
Parochial
Priests
of
some
of
those
Churches
,
which
upon
the
Doomsday-Survey
were
found
to
have
4711
Knights
Fees
in
them
.
However
that
may
be
,
again
five
Years
after
this
,
we
hear
of
these
Clerks
[
*
](A26154-e74780-b)
*
Cl.
21.
H.
III.
m.
7.
dors.
:
onely
now
the
Record
varys
a
little
;
for
the
Earls
,
Barons
,
Knights
,
and
Freemen
give
pro
se
,
&
suis
Villanis
;
whereas
still
the
Clerici
terras
habentes
,
&c.
are
said
to
give
for
themselves
.
Between
these
Two
we
have
a
Writ
[
‖
](A26154-e74830-b)
‖
Pat.
20.
H.
III.
m.
8.
in
tùs
apud
Pryn
,
Eccl.
Jurisd.
T.
2.
p.
475.
,
wherein
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
&
aliae
Ecclesiasticae
Personae
de
regno
are
said
to
have
granted
an
Aid
de
omnibus
Foedis
suis
,
tam
de
illis
de
quibus
nobis
respondent
quando
Scutagium
datur
,
quam
de
aliis
quae
retinent
ad
Opus
suum
:
and
that
this
was
a
Grant
in
Parliament
,
we
learn
from
the
Teste
of
it
(
which
is
,
May
4.
)
compared
with
M.
Paris
in
this
Year
,
where
he
tells
us
,
that
4.
Kal.
Maii
(
i.
e.
8
days
before
)
congregati
sunt
Magnates
Angliae
Londini
ad
Colloquium
,
de
Negotiis
Regni
tractaturi
[
†
](A26154-e74950-b)
†
Ad
ann.
1236.
p.
429.
.
And
in
the
same
History
we
are
told
of
a
Parliament
32.
H.
III
,
that
there
came
to
it
Edicto
,
Regio
,
totius
regni
Angliae
Nobilitas
;
and
among
them
,
Bishops
,
Abbats
,
Priors
,
&
Clericorum
multitudo
copiosa
.
[
(⸫)
](A26154-e74990-b)
(⸫)
M.
Par.
p.
743.
These
Testimonys
are
,
I
think
,
sufficient
to
shew
,
that
from
the
Conquest
down
to
E.
the
I.
the
Inferior
Clergy
had
Place
,
and
Interest
in
Parliament
;
being
there
sometimes
in
Body
,
and
as
representing
the
Whole
,
sometimes
in
Part
onely
,
and
as
entituled
by
their
Tenures
:
the
Lower
Regulars
and
Saeculars
appearing
now
and
then
by
distinct
Proctors
of
their
own
,
but
more
frequently
by
their
Priors
and
Archdeacons
,
particularly
impower'd
to
that
purpose
.
Nor
matters
it
much
,
whether
they
were
thus
call'd
up
immediately
by
a
Royal
Writ
,
or
by
an
Ecclesiastical
Summons
onely
,
issu'd
out
at
the
King's
Instance
;
since
,
whether
cited
this
way
or
that
,
the
Effect
of
their
Citation
was
to
attend
the
Parliament
:
and
accordingly
the
Memoirs
of
those
times
speak
of
them
as
being
of
the
Parliament
,
and
as
acting
in
it
.
They
might
be
summon'd
often
,
as
they
sat
,
Apart
from
the
Laiety
;
but
as
they
sat
in
Parliament
,
though
separately
;
so
were
they
call'd
to
Parliament
,
though
perhaps
after
a
different
manner
from
the
Laiety
;
and
did
there
,
together
with
the
Greater
Prelates
,
compose
a
Full
Representative
of
the
Clergy
,
and
the
first
Estate
of
the
Realm
.
This
meeting
of
the
Clergy
with
the
Parliament
was
at
first
in
One
National
,
but
afterwards
in
two
Provinciall
Assemblys
.
When
such
Synods
of
the
Province
,
held
concurrently
with
the
Parliamentary
Sessions
,
began
,
is
hard
to
say
:
but
,
to
be
sure
,
they
were
Older
than
E.
I.
in
the
beginning
of
whose
Reign
they
are
,
we
find
,
by
the
Constitution
of
Reading
mention'd
,
as
Establish'd
Customary
Meetings
:
the
Archbishop
there
,
with
the
consent
of
the
Synod
,
ordaining
,
quòd
in
Congregatione
nostrâ
tempore
Parliamenti
proximi
post
festum
S
ti
.
Mich.
ad
Tres
Hebdomadas
per
Dei
gratiam
futurum
,
praeter
Personas
Episcoporum
veniant
duo
Electi
ad
minus
à
Clero
Episcopatuum
singulorum
,
qui
Auctoritatem
habeant
unà
nobiscum
tractare
de
hiis
quae
Ecclesiae
communi
utilitati
expediunt
Anglicanae
[
†
](A26154-e75160-b)
†
Constitt
.
Prov.
ad
finem
Lynwood
.
p.
25.
.
It
appears
from
hence
,
both
that
the
Clergy
were
now
us'd
to
attend
the
Parliament
in
their
Synods
Provincial
,
and
that
the
Parliament
it self
was
now
us'd
to
sit
after
Michaelmas
;
since
it
could
not
else
well
have
been
spoken
of
here
as
an
Assembly
that
would
at
that
time
certainly
convene
.
For
this
Council
of
Reading
sat
down
29
Iuly
,
and
therefore
(
as
Synodical
Sessions
were
then
very
short
)
rose
in
the
beginning
of
August
:
at
which
time
,
there
could
be
no
notice
of
the
approaching
Parliament
(
not
yet
summon'd
)
but
from
common
Custome
and
Usage
.
And
the
same
receiv'd
Custome
there
was
also
,
it
seems
,
for
the
Clergy
at
That
and
Other
times
to
attend
the
Parliament
;
their
Congregatio
tempore
Parliamenti
being
not
now
first
order'd
,
but
spoken
of
as
an
antient
and
authoriz'd
Practise
.
These
Clergy-Meetings
however
,
tho'
concurrent
in
Time
with
those
of
Parliament
,
yet
were
not
necessarily
to
be
held
at
the
same
Place
also
,
where
the
Parliament
was
open'd
;
but
assembled
oftentimes
at
some
other
,
either
in
the
Neighbourhood
of
it
,
or
more
Remote
from
it
;
as
the
Archbishop
thought
fit
,
or
the
Churches
Occasions
requir'd
.
Thus
in
1290
(
18.
E.
I.
)
The
Parliament
met
after
Michelmas
,
at
Clipston
[
†
](A26154-e75290-b)
†
See
Ryley's
Placita
Parliament
▪
p.
63.
;
but
the
Convocation
,
that
was
held
concurrently
with
it
,
at
Ely
,
upon
the
Consecration
of
the
Bishop
of
that
Place
[
*
](A26154-e75330-b)
*
Wikes
ad
ann.
.
And
what
the
Form
of
the
Archbishops
Summons
to
these
Parliamentary
Synods
was
,
we
may
learn
from
a
Procuratorium
,
relating
to
this
very
Meeting
at
Ely
;
the
most
Antient
Instrument
of
the
kind
I
have
ever
seen
:
and
by
it
the
Proxys
sent
have
power
ad
tractandum
vobiscum
&
aliis
Venerabilibus
Patribus
suffraganeïs
Provinciae
Cant.
ac
etiam
totius
Cleri
Procuratoribus
in
Civitate
Eliensi
,
super
his
quae
Dei
honorem
&
publicam
Utilitatem
respiciunt
,
&
ad
consentiendum
hiis
quae
ibidem
ad
pacem
&
consolationem
Ecclesiae
,
Dominique
Regis
&
Regni
Angliae
,
Cleri
Communitas
inspirante
Deo
providebit
[
†
](A26154-e75420-b)
†
Regi
.
strum
Henrici
Prioris
.
f.
146.
.
The
first
part
of
which
seems
to
refer
to
this
Assembly
,
as
a
Synod
of
the
Province
;
and
the
Latter
,
as
a
Convention
of
the
Clergy
,
held
for
State-Ends
,
in
time
of
Parliament
.
Thus
stood
matters
,
when
the
Clause
Premunientes
was
first
inserted
,
and
by
it
the
Clergy
of
both
Provinces
were
again
call'd
Nationally
to
Parliament
,
and
requir'd
strictly
to
attend
at
the
very
Time
and
Place
at
which
the
Parliament
assembled
.
How
this
Clause
was
executed
upon
the
Inferior
Clergy
,
and
obey'd
by
them
,
and
what
Interest
it
gave
them
in
Parliament
,
has
been
allready
consider'd
so
fully
,
that
I
need
enter
into
no
New
Account
of
it
.
But
here
,
in
the
very
Entrance
of
this
Period
,
a
famous
Interruption
of
this
New
Practise
hapned
:
the
whole
Body
of
the
Clergy
fell
under
the
Displeasure
of
the
King
,
were
put
out
of
his
Protection
first
,
and
out
of
his
Parliament
afterwards
;
and
a
Great
Council
of
the
Realm
was
held
,
Excluso
Clero
,
without
summoning
any
One
of
the
Spiritualty
to
it
.
This
Instance
some
Modern
Writers
,
willing
to
reduce
the
Parliamentary
Interest
of
the
Clergy
as
low
as
they
can
,
are
very
full
of
;
and
Dr
▪
Wake
,
among
the
rest
,
has
very
amply
[
†
](A26154-e75480-b)
†
P.
232
,
233.
from
p.
348.
to
355.
,
and
often
dilated
upon
it
:
nor
does
it
seem
to
have
been
rightly
understood
,
even
by
Those
[
*
](A26154-e75490-b)
*
Grand
.
Quest.
p.
182.
Heylen
Refor
.
Iustify'd
,
&c.
who
on
the
Clergy's
behalf
have
undertaken
to
account
for
it
.
For
which
Reasons
it
will
,
I
hope
,
be
no
unacceptable
Entertainment
to
the
Reader
,
if
I
digress
so
far
as
to
set
this
Piece
of
History
in
a
Truer
Light
than
it
has
hitherto
appear'd
;
and
shew
,
that
neither
were
the
Clergy
in
this
Instance
to
be
blam'd
so
much
,
nor
was
the
Exclusion
of
them
carry'd
so
far
,
as
is
commonly
imagin'd
.
Edward
the
First
was
the
most
Expensive
Prince
that
perhaps
ever
sat
on
the
English
Throne
,
and
had
by
his
Large
and
Frequent
Demands
allmost
exhausted
all
his
Subjects
;
particularly
those
of
the
Spiritualty
,
upon
whom
the
Burthen
still
fell
heavyest
.
His
French
,
Welch
,
and
Scotch
Wars
,
and
Voyages
to
the
Holy
Land
,
in
some
of
which
he
was
constantly
engag'd
,
putt
him
upon
asking
supplys
every
Year
of
his
Reign
,
and
upon
extorting
'em
sometimes
,
when
deny'd
,
in
a
very
Arbitrary
and
Illegall
manner
:
and
in
these
Demands
he
still
grew
upon
the
Clergy
,
so
that
in
his
22
d.
Year
,
he
had
no
less
than
a
Moiety
of
their
Goods
at
once
;
which
single
Levy
Ioh.
de
Eversden
[
†
](A26154-e75580-b)
†
MS.
in
Off.
Arm.
ad
ann.
1294.
§.
314.
,
a
Cotemporary
Writer
,
reckons
to
have
amounted
to
100100
l.
A
vast
Summ
,
for
those
times
,
to
be
rais'd
,
in
One
Year
,
upon
any
One
Body
of
Men
,
and
indeed
upon
any
One
Kingdome
!
Nor
was
the
Summ
more
Extraordinary
,
than
the
way
of
procuring
it
.
The
King
first
seiz'd
all
their
Wool
,
and
all
the
Wealth
that
was
layd
up
in
any
of
their
Churches
or
Monasterys
:
then
calling
'em
together
,
came
himself
in
Person
to
them
,
and
demanded
Half
of
their
Moveables
[
†
](A26154-e75610-b)
†
Knighton
Col.
2501.
Joh.
de
Eversden
thus
relates
the
Story
,
—
Rex
tùm
Precibus
,
tùm
Exhortationibus
,
tùm
etiam
Comminationibus
praemissis
Universos
&
singulos
Angliae
Praelatos
cum
Clero
,
nec
non
&
Religiosos
omnes
possessiones
obtinentes
—
ad
praestationem
Medietatis
omnium
bonorum
suorum
Spiritualium
ac
Temporalium
—
compulit
&
violenter
induxit
.
§.
314.
(
rightly
so
term'd
,
at
present
;
for
he
had
taken
'em
violently
out
of
their
Owners
hands
,
and
put
them
safely
under
Lock
and
Key
,
in
his
Own
Treasury
at
London
[
*
](A26154-e75660-b)
*
Knight
.
ibid.
Wikes
ad
ann.
)
.
Upon
their
demurring
a
little
,
they
were
threatned
to
be
put
out
of
his
Protection
[
⸪
](A26154-e75700-b)
⸪
Kn.
col.
2502.
,
and
a
certain
Blustring
Knight
stood
up
[
⸫
](A26154-e75720-b)
⸫
M.
Wesim.
ad
ann.
,
and
bad
the
Man
amongst
'em
,
who
durst
dispute
the
King's
Demands
,
come
forth
,
that
they
might
know
him
,
and
use
him
as
he
deserv'd
.
It
was
to
no
purpose
for
Them
to
pretend
to
deny
him
Half
,
who
had
allready
All
under
his
Custody
:
and
therfore
at
last
they
consented
to
it
;
and
took
out
Letters
of
Protection
,
directed
Capitaneïs
Marinariorum
,
&
iisdem
Marinariis
,
&c.
who
,
it
seems
,
at
the
beginning
of
the
Dispute
,
had
been
sent
to
quarter
upon
them
.
The
form
of
the
Writ
to
those
Captain-Mareeners
is
very
remarkable
,
and
to
be
seen
among
Ryley's
Records
[
†
](A26154-e75790-b)
†
P.
462.
;
who
also
gives
us
an
account
of
near
300
Letters
of
this
kind
,
that
issu'd
out
for
the
Regular
Praelats
only
.
The
very
next
Year
to
this
,
the
King
demanded
a
Third
[
*
](A26154-e75810-b)
*
M.
West
.
pp.
425
,
426.
of
that
Half
that
was
left
;
and
was
,
with
great
difficulty
,
and
after
a
long
Contest
,
prevail'd
with
to
accept
the
Disme
[
*
](A26154-e75840-b)
*
M.
West
.
pp.
425
,
426.
which
they
offer'd
him
.
Wearied
with
these
Exactions
,
and
foreseeing
no
End
of
them
,
the
Clergy
resolv'd
at
last
to
take
refuge
in
the
Pope's
Authority
(
as
oppress'd
Men
will
seek
Relief
at
any
hand
,
where
it
is
to
be
had
)
;
and
,
by
Archbishops
Winchelsey's
means
,
procur'd
a
Bull
from
Pope
Boniface
,
forbidding
them
to
give
any
further
Aids
,
without
Consent
of
the
Holy
See
:
and
upon
this
Head
,
excus'd
themselves
in
a
Parliament
held
the
next
year
at
St.
Edmundsbury
[
†
](A26154-e75880-b)
†
Nov.
3.
1296.
;
where
he
again
demanded
a
Fifth
,
after
having
(
in
Dr.
Wake
's
Quaint
Expression
)
accounted
his
Circumstances
to
them
[
*
](A26154-e75930-b)
*
P.
350.
:
and
that
Excuse
not
being
accepted
,
referr'd
themselves
,
for
their
Final
Answer
,
to
a
Full
Convocation
of
the
Province
;
which
should
be
call'd
by
Ecclesiastical
Authority
;
for
now
they
met
only
upon
a
Lay-Summons
.
Respite
accordingly
was
given
Them
till
Hilary
next
;
and
in
the
mean
time
their
Stores
and
Granaries
all
seal'd
up
by
the
King's
Officers
,
to
be
ready
for
Confiscation
,
if
they
persisted
in
their
refusal
:
as
they
did
,
when
on
the
Day
prefix'd
they
assembled
at
Pauls
,
by
a
Mandate
from
Archbishop
Winchelsey
[
*
](A26154-e76000-b)
*
See
his
Register
f.
205.
,
and
after
8
days
[
†
](A26154-e76020-b)
†
M.
West
.
p.
429.
fruitless
debate
separated
.
Upon
which
they
were
,
as
it
should
seem
,
prosecuted
in
the
King's
Bench
,
and
judg'd
out
of
the
King's
Protection
;
one
of
the
Justices
there
,
after
sentence
pronounced
,
adding
openly
,
in
terrorem
,
these
Memorable
Words
[
*
](A26154-e76050-b)
*
Vos
domini
Attornati
Archiepiscoporum
,
Episcoporum
,
Abbatum
,
Priorum
,
&
caeterarum
Personatum
omnium
ex
Clero
,
nuntiate
Dominis
vestris
&
dicite
,
quòd
de
caetero
in
Curiā
domini
Regis
nulla
flet
eïs
justitia
de
quâcunque
re
,
etiam
si
illata
fuerit
iis
injuria
atrocissima
.
Justitia
tamen
de
eïs
fiet
omnibus
conquerentibus
&
e●m
habere
volentibus
,
Knighton
.
c.
2491.
,
You
the
Attornys
of
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
and
other
Ecclesiastical
Persons
,
tell
your
Masters
,
that
from
henceforth
no
Right
shall
be
done
on
their
Behalf
,
in
the
King's
Courts
,
whatever
Injurys
they
receive
;
but
Justice
shall
be
done
upon
them
,
at
the
suit
of
any
Man
.
After
this
,
their
Lands
were
seiz'd
,
their
Goods
confiscated
,
and
their
Persons
subjected
to
all
manner
of
Affronts
and
Indignities
.
While
they
were
under
this
Outlawry
,
the
King
call'd
his
Lay
Nobles
to
Sarum
,
and
there
held
a
Council
,
Excluso
Clero
;
at
which
high
Words
arose
,
and
great
Heats
hapned
between
Him
and
his
Barons
;
so
that
Roger
Bigod
,
Earl
Marshal
,
when
upon
his
refusal
to
go
in
person
to
the
Wars
in
Gascoigne
,
the
King
in
passion
told
him
,
By
God
,
Sir
Earl
,
you
shall
either
go
or
hang
;
made
this
sudden
and
stout
reply
,
And
by
the
same
Oath
,
Sir
,
I
will
neither
go
,
nor
hang
[
†
](A26154-e76150-b)
†
Knight
.
p.
2493.
.
Upon
which
He
,
and
many
others
,
left
the
Place
in
Discontent
,
and
wearied
with
the
Kings
Oppression
and
Tyranny
(
I
speak
the
Words
of
Westminster
[
*
](A26154-e76190-b)
*
Ad
ann.
1297.
p.
430.
)
held
a
Parliament
,
in
the
Marches
without
him
.
The
Meeting
of
Sarum
being
up
,
the
Archbishop
summon'd
another
Provincial
Council
to
meet
at
Pauls
,
in
Midlent
,
1297
[
*
](A26154-e76260-b)
*
Vide
Procuratorium
Subprioris
&
Capituli
Bathon
,
apud
Pryn.
Parl.
Wr.
Vol.
1.
p.
118.
.
But
that
too
dispers'd
without
coming
to
a
Temper
,
or
pitching
upon
any
Expedient
.
And
thus
the
matter
rested
,
till
the
Counts
and
Barons
came
in
openly
to
their
Quarrel
,
as
they
did
in
a
Parliament
of
that
Year
at
Lincoln
[
†
](A26154-e76290-b)
†
Rex
indixit
Parliamentum
apud
Lincoln
in
Octavis
S.
Ioh.
Bapt.
in
quo
orta
est
dissensio
inter
ipsum
&
quosdam
Comites
&
Barones
regni
,
quòd
tam
Clerum
quam
Populum
intolerabili
onere
conabatur
opprimere
.
Petebat
enim
iteratò
a
Clero
medietatem
omnium
bonorum
suorum
,
à
Laīcis
verò
sextum
Denarium
.
Responderunt
ergo
Comites
&
Barones
,
sine
assensu
Archiepiscopi
Cant.
&
totius
Cleri
tam
onerosam
&
importabilem
Exactionem
se
nullo
modo
subire
.
Sed
petebant
instanter
bona
potiùs
Ecclesiae
Sanctae
,
&
sua
,
injustè
à
Regiis
Ministris
communiter
capta
indilatè
restitui
,
&
Articulos
&
Punctos
in
Magnâ
Chastâ
contentos
de
caetero
observari
.
Eversden
,
ad
ann.
1297.
;
joyntly
protesting
against
the
King's
Exorbitances
,
and
insisting
upon
a
Redress
of
Grievances
.
So
that
the
King
,
who
saw
himself
oppos'd
on
All
sides
,
was
forc'd
at
last
to
be
reconcil'd
to
both
,
and
to
beg
pardon
of
Both
together
;
as
he
did
,
even
with
Tears
,
when
he
restor'd
the
Archbishop
to
his
Temporaltys
,
on
the
14
th
.
of
Iuly
[
†
](A26154-e76350-b)
†
Westm.
ibid.
afterwards
.
And
this
struggle
finally
ended
in
a
Confirmation
of
the
Great
Charter
,
and
the
Charter
of
the
Forests
,
enlarg'd
by
a
new
Article
,
which
provided
,
that
no
state
for
the
future
should
be
tax'd
separately
,
but
only
by
Common
Consent
of
Parliament
.
This
is
a
faithful
and
full
account
of
that
Transaction
between
the
King
and
his
Clergy
,
which
Dr.
W.
neither
like
a
good
Historian
,
a
good
Church-man
,
nor
a
good
Englishman
,
has
so
represented
,
as
if
the
Clergy
had
been
altogether
blameable
,
and
the
King
had
done
nothing
but
what
the
Laws
of
the
Land
allow'd
of
.
But
in
all
that
vast
Heap
of
Mistakes
,
his
Book
,
there
is
not
any
one
Particular
,
further
from
Truth
than
this
,
or
less
becoming
the
Pen
that
it
comes
from
.
They
were
faulty
indeed
in
applying
to
the
Pope
:
but
it
was
an
Error
of
those
times
,
when
the
Pope's
Power
over
the
Clergy
was
thought
very
great
,
and
carried
very
far
,
even
by
the
Consent
of
the
Laiety
.
Besides
,
never
Men
could
be
more
tempted
than
they
were
to
make
use
of
this
Extraordinary
Remedy
.
Accordingly
they
were
so
far
from
being
blam'd
by
their
Country
for
procuring
this
Bull
,
that
the
Great
Men
all
stood
by
them
in
it
,
and
publickly
approv'd
it
.
For
so
I
find
it
recorded
in
a
List
of
Grievances
,
which
were
by
the
Lords
Spiritual
and
Temporal
presented
to
the
King
a
Year
or
two
afterwards
,
and
enter'd
in
a
Register
of
that
time
,
together
with
the
Answers
to
Each
,
as
in
a
Roll
of
Parliament
.
At
the
close
of
these
,
the
Prelats
excuse
themselves
from
consenting
to
the
Contribution
desir'd
,
by
reason
of
the
Bull
of
Pope
Boniface
;
to
which
the
Answer
annex'd
is
,
Non
placuit
Regi
,
sed
Communitas
Procerum
approbavit
.
However
,
allowing
'em
to
have
done
amiss
in
this
Application
,
yet
nothing
that
they
did
afterwards
needs
an
Excuse
:
Their
Refusal
to
comply
with
the
King
's
Excessive
Demands
,
was
not
only
faultless
,
but
honourable
;
and
the
Proceeding
against
them
upon
that
refusal
was
altogether
Illegal
and
Barbarous
.
For
we
must
not
think
,
that
this
sentence
of
Outlawry
was
built
on
any
Legal
Forfeiture
they
had
incurr'd
,
by
adhering
to
the
Pope
against
the
Crown
;
no
,
it
was
founded
purely
on
their
denying
to
supply
the
King
,
according
to
his
Demands
:
for
three
years
before
this
,
when
they
delay'd
to
grant
the
Moiety
ask'd
,
he
threatned
[
†
](A26154-e76500-b)
†
Audiens
Rex
indignatus
est
,
&
per
suos
satellites
comminatus
est
,
se
extrà
Protectionem
suam
Clerum
velle
ponere
,
nisi
medietatem
omnium
bonorum
concederent
.
Knight
.
c.
2502.
So
also
Eversden
,
before
cited
.
to
do
,
what
he
actually
did
now
[
to
put
them
out
of
his
Protection
]
;
and
Then
,
the
Prohibitory
Bull
of
Pope
Boniface
was
not
in
being
.
It
would
be
some
Mitigation
indeed
of
the
severity
of
this
Process
,
if
it
had
been
,
as
Dr.
W.
would
perswade
us
[
†
](A26154-e76580-b)
†
P.
351.
,
carried
on
in
Parliament
.
But
that
is
highly
improbable
,
and
inconsistent
with
the
best
accounts
we
have
of
those
times
.
The
Barons
,
it
is
plain
,
were
now
very
uneasy
under
the
King's
Exactions
;
and
it
is
not
credible
therefore
that
They
should
joyn
with
him
in
oppressing
the
Clergy
:
nor
had
they
,
for
ought
I
can
find
,
any
Opportunity
of
doing
it
.
For
the
Clergy
were
put
out
of
the
King's
Protection
Ian.
30
[
‖
](A26154-e76610-b)
‖
310.
Cal.
Feb.
tale
fuit
Regis
Consilium
quòd
praeciperet
praescriptam
duriti
.
em
fieri
contra
Clerum
.
Ann.
Wigorn.
apud
Angl.
Sacr.
Vol.
1.
p.
520.
129
⁶
;
which
was
long
after
the
Parliament
of
St.
Edmundsbury
[
⸪
](A26154-e76660-b)
⸪
Held
Nov.
3.
1296.
was
up
,
and
before
the
Council
of
Sarum
[
⸫
](A26154-e76690-b)
⸫
Which
met
Feb.
24.
1296
/
7.
was
called
.
Nay
12
days
before
this
Council
,
the
Sentence
was
not
only
pronounc'd
,
but
executed
,
even
in
the
remote
parts
of
England
:
for
the
Writ
of
Seizure
to
the
Sheriff
of
Worcestershire
bears
date
Feb.
12
[
*
](A26154-e76740-b)
*
Vid.
eosdem
Ann.
Wigorn.
ibid.
.
And
this
agrees
very
well
with
the
Observation
made
by
the
Writers
of
that
time
[
§
](A26154-e76760-b)
§
Eversden
,
Knighton
,
Westminster
,
Ann.
Wigorn.
,
that
the
King's
Army
was
beat
in
Gascoign
,
on
the
same
day
that
the
Clergy
were
outlawed
here
in
England
:
for
the
News
of
this
Defeat
,
it
appears
from
Matthew
of
Westminster
[
†
](A26154-e76820-b)
†
P.
429.
,
reach'd
the
King
,
sometime
before
he
met
his
Barons
at
Sarum
.
Indeed
Knighton
[
⸪
](A26154-e76850-b)
⸪
Col.
2491
,
and
Walsingham
[
⸫
](A26154-e76870-b)
⸫
Ypod.
Neustr.
speak
of
a
Parliament
at
Hillary
9●
.
where
this
Sentence
may
seem
to
have
pals'd
;
but
there
is
great
reason
to
suspect
their
Exactness
in
this
particular
.
The
Eldest
of
them
liv'd
an
100
Years
after
the
Time
they
here
write
of
;
whereas
there
is
no
one
Cotemporary
Author
[
‖
](A26154-e76890-b)
‖
Rex
Angliae
Edwardus
in
crastino
animarum
apud
S●um
.
Edmundum
Parliamentum
suum
tenuit
,
&
vocati
ibidem
venerunt
per
Regias
Literas
Praelati
&
totus
Clerus
.
Sed
quoniam
Clerus
vocatus
fuit
ibidem
ad
mandatum
regis
,
&
non
auctoritate
Ecclesiasticâ
,
noluit
ibidem
finaliter
respondere
.
Sed
prorogata
dies
fuit
quoad
Clerum
usque
in
Crastinum
S.
Hilarii
.
A
Laïcis
tamen
ibidem
duodecimam
partem
bonorum-suscepit
,
&c.
In
festo
verò
S.
Hil.
—
Rex
petebat
à
Clero
tùnc
Londoniae
eâdem
causa
congregatis
auctoritate
Ecclesiasticâ
Auxilium
,
&c.
Excerpta
è
Chron.
MS.
Eccl.
Cont.
apud
Angl.
Sacr.
Vol.
1
.
●p.
51.
Generalis
Convocatio
Cleri
facta
est
apud
Londoniam
in
Octavis
S.
Hil.
ad
tractandum
de
pace
Sanctae
Eccl.
&c.
Iohn
.
de
Eversden
MS.
The
Sentence
of
Excommunication
denounc'd
by
the
Bishops
and
Clergy
in
Convocation
A.
D.
1298.
(
see
it
Spelman
Concil.
Vol.
2.
p.
428.
)
style
this
meeting
Quaedam
Convocatio
Praelatorum
&
Cleri
London
celebrata
post
Festum
S.
Hil.
A.
D.
1296.
The
Writ
also
for
summoning
it
(
see
it
Registr.
Winchelsey
fol.
205.
)
the
Returns
to
that
Writ
(
see
One
,
Registr.
Henr.
Prioris
fol.
70.
)
and
the
Procuratoria
drawn
in
relation
to
it
(
ibid.
)
mention
a
Meeting
of
the
Clergy
alone
,
without
any
the
least
Intimation
of
a
Parliament
.
that
I
have
seen
,
either
in
Print
,
or
Manuscript
,
(
and
I
have
perus'd
several
)
that
mentions
such
a
Parliament
,
or
speaks
of
this
meeting
at
St.
Hilary
any
otherwise
than
as
a
Provincial
Council
of
the
Clergy
;
agreed
upon
indeed
in
the
preceding
Parliament
of
St.
Edmundsbury
,
but
not
held
concurrently
with
any
Session
of
it
.
Nor
is
there
a
Writ
of
this
date
,
either
of
Summons
,
or
Pro●ogation
,
in
our
Rolls
,
or
Registers
.
So
that
the
word
,
Parliamentum
,
in
these
two
Historians
,
must
be
taken
loosly
,
and
in
the
same
Latitude
that
it
is
made
use
of
at
this
very
time
,
by
Westminster
[
†
](A26154-e77210-b)
†
Barones
Angliae
Parleamentum
suum
per
se-statuerunt
ad
ann.
1297.
,
and
Eversden
[
†
](A26154-e77250-b)
†
Comites
&
Barones
tenuerunt
Parliamentum
suum
apud
Northampton
,
de
discordiâ
ortâ
inter
Regem
&
Ipsos
.
ad
ann.
eund
.
,
when
they
apply
it
to
the
Barons
Voluntary
Meetings
,
without
,
and
in
Opposition
to
the
King's
Authority
.
Accordingly
we
may
observe
,
that
in
the
Praecept
to
the
Sheriff
for-seizing
the
Estates
of
the
Clergy
(
by
me
lately
mention'd
)
there
are
no
words
that
imply
the
Sentence
to
have
pass'd
de
Consilio
Baronum
,
or
to
have
had
the
Consent
of
Parliament
.
It
says
only
,
Propter
aliquas
certas
C●usas
Tibi
praecipimus
qùod
omnia
L●●ca
F●eda
totius
Cleri
in
Ballivâ
tuâ
—
sine
dilatione
capia●is
in
manum
vestram
,
&c.
[
†
](A26154-e77350-b)
†
Annal.
Wig.
p.
520
and
by
the
Tenor
of
it
one
would
guess
,
that
it
was
a
mere
Arbitrary
Command
of
the
Prince
,
not
built
on
any
Judicial
Process
whatever
.
I
have
been
very
Liberal
therefore
in
allowing
that
it
might
spring
from
a
Iudgment
in
Court
(
led
to
it
by
some
Expressions
that
look
that
way
in
the
Relations
of
Thorn
,
and
Knighton
)
:
However
the
Judge
who
pronounc'd
it
,
will
not
be
excus'd
by
this
allowance
;
for
he
pass'd
an
Unrighteous
Sentence
in
a
very
Infamous
Cause
,
and
meanly
prostituted
the
Law
,
to
gratify
the
King's
Resentments
.
For
which
reason
we
may
be
sure
,
that
Sir
Roger
Brabazon
[
*
](A26154-e77410-b)
*
Dr.
W.
pretends
to
tell
this
Story
with
great
Exactness
,
and
yet
mistakes
both
the
Name
of
the
Person
and
his
Office
;
there
being
no
such
Iudge
at
that
time
as
Robert
Brabazon
;
and
the
Person
he
means
being
neuer
either
second
Iudge
,
or
Chief
Iustice
of
the
Common
Pleas
(
as
Dr.
W.
will
have
him
to
have
been
)
if
Dugale
's
Chronica
Juridicialia
may
be
relied
on
.
The
Dr.
it
seems
,
found
there
Justitiarius
ad
Placita
corum
Rege
,
and
Justitiarius
de
Banco
,
oppos'd
to
one
another
;
and
wisely
thought
,
that
the
first
of
these
signify'd
the
Common
Pleas
,
and
the
second
the
King's
Bench
;
just
as
they
sounded
.
was
not
the
Man
,
as
my
Lord
Coke
too
hastily
thought
;
for
He
was
too
Great
and
Good
a
Person
,
to
be
employed
in
such
Vile
Offices
.
No
,
it
was
Iohn
de
Metingham
,
a
Clergyman
,
who
utter'd
those
words
,
as
the
Annals
of
Worster
expresly
tell
us
[
†
](A26154-e77530-b)
†
P.
520.
;
a
fit
Instrument
,
to
be
made
use
of
in
the
Oppression
of
his
Brethren
!
For
look
through
all
our
History
,
and
you
shall
find
,
that
wherever
the
Clergy
have
smarted
under
any
Great
Hardship
,
some
of
their
Own
Order
have
been
still
at
the
bottom
of
it
;
without
whose
Helping
Hand
,
the
Rights
and
Priviledges
of
the
Church
never
were
,
and
never
would
be
invaded
.
Thus
much
,
to
take
off
the
Aspersions
,
with
which
Dr.
W.
has
loaded
the
Clergy
of
those
times
,
very
Indecently
,
and
Untruly
.
Their
Conduct
I
do
not
in
every
respect
pretend
to
justify
:
However
,
I
think
it
capable
of
a
Fair
Excuse
,
if
their
Circumstances
be
consider'd
.
And
accordingly
I
observe
,
that
among
all
our
Historians
of
Note
,
Antient
or
Modern
,
there
is
not
One
,
that
I
know
of
,
who
has
thoroughly
taken
the
King's
part
in
this
Dispute
;
none
,
I
dare
say
,
that
has
represented
it
so
much
to
the
Disadvantage
of
the
Clergy
,
as
this
Gentleman
of
the
Function
has
done
.
And
yet
several
of
these
were
Laymen
;
particularly
Daniel
,
the
most
sensible
of
the
Moderns
,
calls
the
King
's
Proceeding
in
this
Case
,
a
strain
of
State
beyond
any
of
his
Predecessors
[
†
](A26154-e77580-b)
†
P.
194.
.
It
was
a
Debt
I
ow'd
to
Truth
,
to
set
this
Story
right
;
and
I
would
have
done
it
,
had
Iews
or
Heathens
been
the
Subject
of
it
.
Whatever
the
Popish
Clergys
faults
were
,
yet
want
of
Love
to
their
Country
was
none
of
'em
;
the
true
Interests
of
which
they
understood
,
and
espous'd
generally
,
and
were
ever
fast
Friends
to
the
Libertys
of
it
.
They
were
bad
Christians
,
but
good
Englishmen
;
which
is
more
than
can
be
said
for
some
of
their
Successors
,
who
,
with
a
Purer
Religion
,
have
been
worse
Members
of
the
Common-wealth
than
They.
Their
Dependence
indeed
on
a
Forreign
Head
misled
'em
in
Church
affairs
;
but
against
the
Exactions
and
Usurpations
even
of
the
Pope
himself
in
Civil
Matters
,
none
declar'd
more
loudly
,
or
made
a
more
vigorous
stand
than
They.
Matthew
Paris
is
an
Instance
of
this
kind
,
worth
our
notice
;
who
,
tho'
of
a
Monastery
that
ow'd
all
its
Immunities
and
Exemptions
to
the
Pope
,
yet
takes
the
English
side
all
along
against
Papal
Encroachments
:
and
his
Works
therefore
(
the
best
part
of
our
History
)
are
a
mere
Satyr
on
the
Court
of
Rome
;
written
indeed
,
not
in
the
mannerly
way
of
later
times
,
but
however
with
a
Spirit
of
great
Honesty
and
Freedom
.
Disinterestedness
,
a
Love
of
Truth
,
and
a
Generous
Concern
for
the
Publick
shine
through
every
Page
of
him
:
Qualitys
,
which
it
were
well
,
if
some
Modern
Historians
,
who
have
spent
a
great
many
Popular
Invectives
against
Monks
,
and
Monkish
Writings
,
had
been
pleas'd
to
observe
,
and
imitate
,
Their
Works
(
as
well
as
Persons
)
would
then
have
been
in
much
greater
Esteem
with
the
Age
wherein
they
liv'd
,
and
have
had
a
much
surer
Title
to
the
Applause
of
Posterity
.
If
what
I
have
said
of
the
Popish
Clergy
be
suspected
any
ways
,
my
Lord
Coke
will
vouch
for
the
Truth
of
it
;
who
,
with
great
Candor
and
Justice
,
observes
of
that
very
Reign
we
are
upon
,
that
Allbeit
divers
Judges
of
the
Realm
were
Men
of
the
Church
,
as
Briton
,
Martin
de
Pateshull
,
William
de
Raleigh
,
Robert
de
Lexington
,
Henry
de
Stanton
,
and
many
others
;
and
that
the
Honourable
the
Officers
of
the
Realm
,
as
Lord
Chancellor
,
Lord
Treasurer
,
Lord
Privy
Seal
,
Master
of
the
Rolls
,
&c.
were
in
those
days
Men
of
the
Church
;
yet
they
ever
had
such
honourable
and
true-hearted
Courage
,
as
they
suffer'd
no
Encroachment
by
any
Forreign
Power
upon
the
Rights
of
the
Crown
,
or
the
Laws
and
Customs
of
the
Realm
[
†
](A26154-e77690-b)
†
Vpon
the
Stat.
of
Westm.
I.
cap.
51.
.
Among
so
many
Excellent
Persons
,
what
wonder
is
it
,
if
a
false
hearted
Clergyman
or
two
were
found
;
true
neither
to
the
Libertys
of
their
Country
,
nor
the
Interests
of
their
Order
?
Every
Age
,
and
every
Body
of
Men
has
had
(
and
will
have
)
its
Iohn
de
Metingham's
;
it
is
enough
if
the
Age
,
and
the
Body
they
were
of
has
constantly
abhorred
them
.
From
what
has
been
before
related
,
it
appears
that
this
Exclusion
of
the
Clergy
from
Parliament
,
so
much
talk'd
of
,
is
as
much
misunderstood
:
for
,
in
the
first
place
,
That
was
really
no
Parliament
from
whence
they
were
excluded
,
but
a
Colloquium
or
Tractatus
only
,
as
the
Writ
of
Summons
[
†
](A26154-e77770-b)
†
Dugdale
Summon
.
p.
18.
expresly
calls
it
.
And
the
common
Opinion
,
that
this
hapned
at
the
Parliament
of
St.
Edmondsbury
,
in
crastino
Animarum
,
is
a
common
mistake
;
for
the
Clergy
were
certainly
both
summon'd
thither
[
⸪
](A26154-e77800-b)
⸪
Dugd.
p.
13.
,
and
present
there
throughout
the
whole
Session
[
†
](A26154-e77820-b)
†
MS.
Chron.
Eccl.
Cant.
&
Eversden
ante
citat
.
:
But
they
were
not
so
in
the
Council
of
Sarum
,
on
St.
Matthias's
day
;
to
which
,
it
appears
by
our
Rolls
[
⸫
](A26154-e77870-b)
⸫
Dugdale
p.
19.
,
that
some
particular
Barons
and
Knights
only
were
call'd
,
but
not
one
of
the
Clergy
.
And
here
therefore
Knighton
[
‖
](A26154-e77900-b)
‖
Col.
2492.
,
and
Eversden
[
*
](A26154-e77930-b)
*
Rex
Parliamentum
suum
apud
Sarum
cum
Laïcis
ad
hoc
tantùm
vocatis
in
die
cinerum
tenuit
.
—
positively
fix
the
Exclusion
;
and
what
they
say
,
the
whole
course
of
the
Story
manifestly
confirms
.
The
Pretence
for
this
Exclusion
I
suppose
to
have
been
,
the
Clergys
Outlawry
,
and
the
seizure
of
their
Temporaltys
,
which
was
judg'd
a
sufficient
reason
for
denying
'em
their
Writs
of
Summons
.
And
this
also
seems
to
have
been
the
Ground
of
that
famous
Resolution
of
the
Judges
in
Keilway's
Reports
[
†
](A26154-e77960-b)
†
fol.
181.
;
where
it
is
affirm'd
,
that
the
King
might
hold
his
Parliament
without
the
Spiritual
Lords
,
i.
e.
when
those
Lords
Spiritual
are
in
the
case
of
Outlaws
,
and
under
a
Premunire
,
as
they
were
,
when
that
Judgment
was
given
;
and
incapable
therefore
(
as
Opinions
then
ran
)
of
their
seats
in
Parliament
.
But
later
Times
,
and
greater
Authoritys
have
decided
quite
contrary
;
it
being
upon
several
solemn
Debates
in
the
House
of
Commons
,
35.
Eliz.
resolv'd
[
*
](A26154-e78000-b)
*
See
Sir
Symonds
d'
Ewes
Jour
.
p.
518.
,
that
a
Man
under
an
Outlawry
was
capable
of
being
elected
a
Member
:
and
what
does
not
disable
a
single
Person
from
being
chosen
into
Parliament
,
could
be
no
sufficient
reason
for
shutting
the
whole
Spiritualty
out
of
it
,
who
are
One
of
the
Greatest
Estates
of
this
Realm
[
†
](A26154-e78030-b)
†
1.
Eliz.
c.
1.
.
All
therefore
that
this
celebrated
Instance
amounts
to
,
is
,
that
the
King
,
having
put
the
Clergy
under
an
Outlawry
,
against
Law
and
Reason
,
held
a
select
Council
of
the
Laiety
without
them
,
against
all
Rule
and
Custom
.
And
it
must
be
remember'd
,
that
this
was
not
only
Excluso
Clero
,
but
Excluso
Populo
too
;
for
neither
had
the
Countys
,
Citys
,
and
Burroughs
any
Representatives
there
:
and
such
an
Instance
can
,
I
am
sure
,
no
ways
prejudice
the
Parliamentary
Interest
of
the
Clergy
.
To
proceed
therefore
in
our
Account
of
it
,
—
that
is
,
in
our
Deduction
of
those
particular
Passages
in
our
Historys
and
Records
,
which
prove
it
all
along
,
from
the
Insertion
of
the
Premunientes
down
to
the
Times
of
the
Reformation
.
Three
sorts
of
these
there
are
,
that
deserve
to
be
taken
notice
of
.
First
,
Such
as
represent
the
Convocation
to
be
a
Meeting
Coïncident
with
the
Parliament
.
Secondly
,
Such
as
speak
of
the
Convocation
Clergy
,
as
of
the
Parliament
,
and
in
it
:
And
Thirdly
,
Such
as
declare
the
Particular
Intents
and
Purposes
,
for
which
the
Convocation
Clergy
were
,
and
were
esteem'd
to
be
,
of
the
Parliament
.
The
First
of
these
points
,
as
far
as
Antient
Practice
is
concern'd
,
our
Adversarys
seem
to
grant
:
or
,
should
they
dispute
it
,
yet
it
has
already
,
in
the
former
part
of
this
Book
,
by
many
plain
Evidences
and
Authoritys
been
made
good
.
However
,
since
it
falls
once
more
in
my
way
,
I
shall
here
add
a
few
Instances
of
the
same
kind
,
by
way
of
Supplement
.
13
E.
II.
The
King
is
said
,
ad
requisitionem
Praelatorum
&
Cleri
regni
nostri
[
then
sitting
]
to
have
prorogu'd
the
Parliament
[
†
](A26154-e78220-b)
†
Dugd.
Summ.
p.
108.
.
5.
E.
III.
In
a
Bishop's
Summons
to
Parliament
,
we
find
this
Clause
,
—
Et
quia
ante
haec
tempora
Communia
Regni
nostri
negotia
,
propter
aliquorum
Praelatorum
&
Magnatum
absentiam
,
qui
ad
Convocationes
&
Parliamenta
hujusmodi
,
non
ad
dies
statutos
,
sed
diù
post
modùm
venerunt
,
frequenter
retardata
fuerunt
,
ad
commune
damnum
Populi
regni
nostri
;
volumus
,
&c.
quod
dicto
Crastino
omnimodò
sitis
apud
Nos
ad
Locum
praedictum
;
&
praemuniatis
Priorem
Archidiaconos
&
caeteros
,
qùod
ipsi
similiter
intersint
;
quia
intentionis
nostrae
existit
,
quòd
Parliamentum
illud
cum
celeritate
qu●
poterit
finiatur
[
†
](A26154-e78300-b)
†
Ibid.
p.
163.
,
&c.
This
implys
plainly
,
that
these
Two
Assemblys
,
[
the
Convocation
,
and
Parliament
]
were
us'd
[
ante
haec
tempora
]
long
before
this
time
,
to
assemble
concurrently
;
as
also
(
which
relates
to
the
second
point
)
that
the
Praemonish'd
Clergy
,
so
assembling
in
Convocation
,
were
yet
reckon'd
to
be
of
the
Parliament
.
13.
E.
III.
Mention
is
made
of
Writs
then
to
be
issu'd
,
One
to
call
the
Convocation
of
the
Province
of
Cant
,
and
the
Other
,
that
of
York
,
against
the
Time
to
which
the
next
Parliament
was
Summon'd
[
*
](A26154-e78380-b)
*
Abr.
of
Rec.
p.
19.
.
20.
E.
III.
The
Bishops
are
commanded
to
certify
into
Chancery
the
Names
of
all
Aliens
,
their
Benefices
,
and
Values
,
avaunt
le
jour
de
la
Convocation
de
la
Clergie
,
ou
adonque
à
pl●s
tard
[
†
](A26154-e78430-b)
†
Rot.
Parl.
n.
46.
.
i.
e.
before
,
or
at
the
next
Convocation
,
which
was
to
fit
with
the
next
Parliament
.
29.
E.
III.
(
Cl.
m.
8.
dors.
)
The
King
's
Writ
for
a
Convocation
recites
,
that
he
had
,
pro
arduis
&
urgentibus
negotiis
Nos
&
Statum
Regni
nostri
Angliae
&
necessariam
defensionem
ejusdem
regni
concernentibus
,
call'd
his
Parliament
to
Westm●
.
die
Iovis
,
in
crastino
S
ti
Martini
—
and
then
adds
,
—
Et
quia
expedit
quòd
praedicta
negotia
,
quae
salvationem
&
de●ensionem
regni
nostri
sic
contingunt
,
salubriter
&
efficaciter
cum
bonâ
&
maturâ
deliberatione
deducantur
;
Vobis
mandamus
rogantes
,
—
to
call
the
Clergy
of
Cant.
Prov.
to
Pauls
,
die
Lunae
prox
post
festum
S.
Martini
—
ad
tractandum
&
cons●lendum
super
praemissis
—
T.
Rege
apud
Westmr.
25.
Sept.
The
same
Praeamble
literally
recurrs
in
the
Writ
of
the
31.
E.
III.
(
Cl.
m.
21.
dors.
)
;
and
something
Equivalent
to
it
is
to
be
found
in
several
succeeding
ones
.
1.
R.
II.
The
Clergy
grant
a
X
th
.
on
condition
that
the
Commons
give
a
XV
th
:
[
†
](A26154-e78600-b)
†
Registr.
Sudbury
f.
44.
b.
and
on
the
other
side
,
(
8.
R.
II.
)
the
Commons
offer
two
XV
ths
,
on
condition
that
the
Clergy
shall
give
two
X
ths
[
*
](A26154-e78650-b)
*
Registr.
Courtney
f.
81.
b.
,
These
Mutual
Stipulations
imply
,
that
the
two
Assemblys
were
concurrent
:
They
were
practis'd
frequently
in
the
Entrance
of
this
Reign
[
⸪
](A26154-e78670-b)
⸪
See
Rot.
Par.
IV.
R.
2.
n.
13.
VII
.
R.
2.
n.
13.
VII
.
R.
2.
n.
12.
,
but
now
,
in
this
last
Instance
,
a
Check
was
given
to
them
;
for
the
Archbishop
protesting
,
in
behalf
of
the
Clergy
,
that
the
Condition
was
against
the
Liberty
of
the
Church
,
and
insisting
that
it
ought
not
to
remain
there
,
it
was
by
the
King's
Order
with-drawn
.
For
which
reason
there
is
now
no
mention
of
it
in
the
Rolls
of
this
Parliament
.
More
such
Passages
as
these
might
be
brought
in
each
succeeding
Reign
;
but
I
shall
content
my self
to
step
an
hundred
Years
forwards
,
and
produce
one
only
out
of
the
Continuer
of
the
Annals
of
Croyland
.
In
his
account
of
E.
the
IVth's
last
Parliament
[
*
](A26154-e78760-b)
*
Anno
1483.
,
he
tells
us
,
that
the
King
,
nihil
a
Communitate
subsidii
pecuniarii
expetere
ausus
,
betook
himself
to
the
Clergy
,
quasi
(
adds
the
Monk
)
semel
comparentibus
Praelatis
&
Clero
in
eorum
Convocatione
,
quicquid
Rex
petit
,
id
sieri
debeat
[
†
](A26154-e78800-b)
†
P.
563.
.
These
,
I
confess
,
are
not
Direct
and
full
Proofs
of
the
Convocations
sitting
ordinarily
with
the
Parliament
,
but
only
intimate
and
suppose
it
;
and
are
therefore
mention'd
here
,
not
so
much
to
strengthen
that
point
,
which
is
otherwise
sufficiently
secur'd
,
as
to
illustrate
and
explain
it
.
The
Passages
of
the
second
sort
which
represent
the
Convocation
Clergy
,
as
of
the
Parliament
,
and
acting
in
it
,
have
more
Weight
in
them
:
Some
of
these
I
have
already
offer'd
[
⸪
](A26154-e78840-b)
⸪
P.
60.
&c.
,
and
shall
now
add
several
others
.
The
Reader
,
who
considers
that
the
very
stress
of
the
Debate
lies
here
,
and
who
has
withal
any
Tast
of
these
studys
,
will
not
,
though
I
abound
in
Proofs
of
this
kind
,
think
me
Tedious
.
The
first
Instance
I
shall
give
,
is
from
the
Articuli
Cleri
(
10.
E.
II.
)
the
Praeamble
of
which
recites
,
qùod
cùm
dudùm
temporibus
Progenitorum
nostrorum
quondam
Regum
Angliae
in
diversis
Parliamentis
suis
,
&
similiter
postquam
regni
nostri
gubernacula
suscepimus
in
Parliamentis
nostris
,
per
Praelatos
&
Clerum
regni
nostri
plures
Articuli
continentes
Gravamina
Ecclesiae
Anglicanae
&
ipsis
Praelatis
&
Clero
illata
,
ut
in
eïsdem
asserebatur
,
porrecti
fuissent
,
&
cum
in
stantiâ
supplicatum
ut
inde
apponeretur
remedium
opportunum
;
ac
nuper
in
Parliamento
nostro
●p●d
Lincoln
,
anno
Regni
nostri
nono
,
Articulos
subscriptos
,
&
quasdam
Respon●iones
,
ad
aliquos
eorum
prius
factas
coram
Concilio
nostro
recitari
,
ac
quasdam
responsiones
corrigi
,
&
caeteris
Articulis
subscriptis
per
Nos
&
dictum
nostrum
Concilium
fecimus
responderi
,
&c.
[
†
](A26154-e78970-b)
†
Spelm.
Conc.
Vol.
2.
p.
483.
.
Words
which
shew
the
Lower
Clergy
,
as
well
as
Prelates
,
to
have
been
look'd
upon
as
of
the
Parliament
,
and
acting
in
it
;
not
then
only
,
but
long
before
also
,
in
the
Reigns
of
several
of
that
Princes
Progenitors
;
to
wit
,
in
those
of
E.
I.
and
H.
the
III.
at
least
,
if
not
higher
.
And
I
the
rather
produce
them
at
length
(
as
Sir
William
Dugdale
copied
them
from
a
Cotton-Manuscript
[
*
](A26154-e79050-b)
*
Otho
.
A.
15.
fol.
136.
,
and
from
the
Archbishop's
Register
[
†
](A26154-e79080-b)
†
Raynold
,
f.
76.
)
,
because
the
Printed
Statutes
[
*
](A26154-e79100-b)
*
See
Rastal
Vol.
1.
p.
57.
have
given
a
different
turn
to
them
,
and
made
them
utterly
insignificant
to
the
purposes
for
which
I
urge
them
.
In
the
13
th
.
Year
of
this
Prince
,
a
Writ
to
the
Archbishop
[
†
](A26154-e79140-b)
†
Cl.
m.
20.
dors.
thus
speaks
—
Cùm
in
Parliamento
nostro
ultimo
apud
Eborum
summonito
,
per
vestrum
caeterorumque
Praelatorum
,
&
Procerum
regni
Consilium
&
Assensum
,
&c.
X
ᵃ
Cleri
in
Provinciâ
Eborum
,
XVIII
va
bonorum
mobilium
Communitatis
,
&
XII
ma
in
Civitatibus
&
Burgis
&
Dominicis
nostris
nobis
—
fuerint
concessae
[
†
](A26154-e79240-b)
†
Registr.
Henr.
Pri.
fol.
211.
.
Where
we
see
the
Clergy
of
that
Province
in
which
the
Parliament
was
held
,
are
said
to
have
granted
in
Parliament
;
in
like
manner
as
the
Knights
,
Citizens
,
and
Burgesses
did
.
In
a
statute
of
the
25.
E.
III.
[
*
](A26154-e79290-b)
*
See
it
Rastall
V.
1.
p.
100.
there
is
mention
of
a
Dism
,
&
Quindism
,
granted
by
the
Commons
:
which
is
a
clear
proof
of
what
I
have
before
advanc'd
[
(⸪)
](A26154-e79340-b)
(⸪)
P.
59.
,
that
the
Commons
Spiritual
come
often
times
under
that
Appellation
;
for
the
Dism
here
mention'd
was
given
by
the
Spiritualty
,
and
the
Quindism
by
the
Temporalty
,
as
the
Nature
of
the
Grants
speaks
,
and
Knighton
expresly
informs
us
[
‖
](A26154-e79390-b)
‖
Col.
2603
.
And
this
Language
meets
us
frequently
in
the
Rolls
;
for
again
,
50.
E.
III.
n.
168.
The
Commons
of
Tividal
as
well
Religious
as
Saecular
Prayen
[
*
](A26154-e79480-b)
*
Abr.
of
Rec.
p.
137.
I
have
not
the
Transcript
of
the
Roll
by
me
,
but
as
I
remember
the
French
word
there
is
Liges
Gens
—
:
and
in
the
same
Parliament
,
n.
162.
The
Commons
of
the
Diocese
of
York
complain
of
the
Outragious
taking
of
the
Bishop
and
his
Clerks
for
admission
of
Priests
to
their
Benefices
[
†
](A26154-e79540-b)
†
Ibid
p.
136.
,
by
which
,
as
I
conceive
,
the
Commons
Spiritual
are
most
naturally
understood
.
In
the
same
Year
a
Constitution
of
Simon
Islep
is
said
to
be
made
,
de
consilio
&
consensu
Fratrum
nostrorum
in
Parliamento
praesentium
,
&
Procuratorum
absentium
[
⸫
](A26154-e79590-b)
⸫
Spelm.
Conc.
Vol.
2.
p.
598.
This
Decree
,
we
must
believe
,
pass'd
in
Convocation
;
and
that
Meeting
therefore
was
then
esteem'd
Parliamentary
:
for
why
else
,
should
the
Bishops
,
when
acting
in
their
Convocational
capacity
,
be
spoken
of
as
present
in
Parliament
?
And
here
also
I
must
take
notice
of
a
Passage
in
that
Antient
Piece
,
Modus
tenendi
Parliamentum
;
I
call
it
Antient
,
because
Mr.
Selden
himself
,
who
first
discover'd
it
not
to
be
of
the
Age
it
pretends
,
says
,
he
saw
a
Copy
of
it
in
an
Hand
of
E.
the
III.
And
indeed
younger
than
that
it
cannot
well
be
,
for
it
would
not
then
have
been
enter'd
(
as
part
of
it
is
)
in
Arundel's
Register
,
for
a
piece
of
real
Antiquity
,
without
any
suspicion
of
its
Forgery
.
And
it
may
therefore
safely
be
produc'd
as
a
General
Evidence
of
the
Practise
in
E.
the
III's
time
,
at
least
of
the
Opinion
which
Men
then
had
of
the
Lower
Clergys
Parliamentary
Rights
and
Interests
in
Elder
Ages
.
The
Passages
in
it
which
concern
us
,
are
—
Ad
Parliamentum
summoneri
&
venire
debent
ratione
Tenurae
suae
omnes
&
singuli
Archiepiscopi
,
Episcopi
,
Abbates
,
Priores
,
&
alii
Majores
Cleri
,
qui
tenent
per
Comitatum
vel
Baroniam
,
ratione
hujusmodi
tenurae
;
&
nulli
Minores
,
nisi
eorum
praesentia
&
adventus
aliunde
quam
pro
Tenuris
suis
requiratur
;
ut
si
sint
de
Consilio
Regis
,
&c.
[
†
](A26154-e79720-b)
†
The
Copy
that
Mr.
Selden
(
Tit.
Hon.
part
2.
c.
5.
)
and
that
which
my
Lord
Coke
(
Inst.
part
4.
p.
4.47
.
)
us'd
,
differ'd
some
what
from
this
,
and
from
each
other
;
but
those
differences
are
not
material
.
Item
Rex
facere
soleba●
summonitiones
suas
Archiepiscopis
,
Episcopis
,
&
aliis
Exemptis
Personis
,
ut
Abbatibus
,
Prioribus
,
Decanis
,
&
aliis
Ecclesiasticis
Personis
quae
habent
Iurisdictiones
per
hujusmodi
Exemptiones
&
Privilegia
separatim
quod
ipsi
pro
quolibet
Decanatu
&
Archidiaconatu
Angliae
per
ipsos
Decanatus
&
Archidiaconatus
eligi
sacerent
duos
peritos
&
idoneos
Pr●curatores
[
de
proprio
Archidiaconatu
]
ad
veniendum
&
interessendum
ad
Parliamentum
,
ad
illud
subeundum
,
allegandum
&
faciendum
idem
quod
facerent
omnes
&
singulae
personae
ipsorum
Decana
tuum
&
Archidiaconatuum
,
si
ibidem
personaliter
interessent
.
Et
quod
hujusmodi
Procuratores
veniant
cum
Warantis
suis
duplicatis
sigillis
superiorum
suorum
signatis
,
quod
ipsi
ad
hujusmodi
Procurationem
Clerici
missi
sunt
.
Quarum
Literarum
una
liberabitur
Clericis
de
Parliamente
ad
irrotulandum
,
&
alia
residebit
penes
ipsos
Procuratores
.
Et
sic
sub
istis
duobus
generibus
summon●ri
debet
Totus
Clerus
ad
Parliamentum
[
*
](A26154-e79770-b)
*
Dacher
.
Spicileg
.
T.
12.
p.
557.
.
I
know
very
well
,
that
this
Account
in
the
Modus
,
is
not
suited
to
the
exact
manner
of
the
Clergys
Summons
to
any
Parliament
,
the
Records
of
which
are
left
us
;
and
therefore
I
produce
it
only
as
a
General
Proof
,
that
the
Lower
Clergy
were
some
way
or
other
call'd
to
Parliament
,
and
were
understood
to
have
been
so
call'd
for
some
Ages
,
at
the
time
that
this
Modus
was
fram'd
.
My
Lord
Coke
[
†
](A26154-e79830-b)
†
Ibid.
,
from
the
first
Lines
of
what
I
have
cited
,
endeavours
to
l●ssen
and
bring
down
the
Parliament-Rights
of
the
Lower
Clergy
;
but
without
considering
,
that
the
same
words
are
afterwards
us'd
also
of
the
Lay
Commons
.
2.
R.
II.
In
the
Register
of
Selby
[
†
](A26154-e79880-b)
†
Bibl.
Cott.
Cleop.
D.
3.
f.
●●
.
,
the
King's
Letter
to
the
Abbat
of
that
Monastery
takes
notice
,
that
divers
reasons
had
been
shew'd
in
Parliament
,
why
the
payment
of
the
Disms
and
Quindisms
,
granted
in
the
said
Parliament
by
the
Clergy
and
Laiety
of
the
Kingdom
[
†
](A26154-e79930-b)
†
Les
dismes
&
quindismes
à
nos
grantez
au
di●
Parliament
per
le
Clergie
,
&
per
lez
Lays
de
nostre
Royaume
.
—
,
should
be
anticipated
:
and
that
accordingly
the
Archbishop
of
Cant.
with
the
other
Prelates
and
Clergy
of
his
Province
had
agreed
to
it
,
as
also
the
Archbishop
of
York
,
and
those
Prelates
[
†
](A26154-e79990-b)
†
No
mention
of
the
Lower
Clergy
of
York
Prov●n●e
,
because
They
at
that
time
were
not
present
,
but
holding
a
Convocation
at
Home
,
together
with
all
the
Prelates
of
th●●
Province
,
who
were
not
Barons
of
Parliament
.
of
his
Province
who
were
present
.
But
that
some
of
the
Clergy
of
that
Province
delay'd
payment
,
as
the
King
understood
,
at
which
he
much
marvelled
,
and
was
highly
displeas'd
[
*
](A26154-e80060-b)
*
Encontre
ce
que
feu●●
acordez
a
nostre
dit
Parlement
,
dont
nous
avons
grande
merveil
&
d●sp●eser
.
Et
sur
●eo
escrivon●
a
dit
l'ercevelque
de
Everwy●k
empriant
&
requirant
que
consideres
les
choses
sus●ites
,
&
coment
la
Province
〈◊〉
Everwick
à
condiz
●●●s●umez
en
le
temps
[
of
E
▪
III.
]
affere
semblablement
,
&
aussi
bien
come
o●t
fait
ceux
de
la
Province
de
Canterbiri
,
&c.
:
And
had
therefore
written
to
the
Archbishop
of
York
,
praying
,
and
requiring
him
(
in
consideration
of
that
Agreement
in
Parliament
,
and
according
to
the
Custom
establish'd
in
Edward
the
III's
time
,
for
the
Province
of
York
to
do
always
as
that
of
Cant.
did
)
to
take
effectual
Care
that
all
his
Clergy
did
their
Duty
in
this
respect
.
I
have
enlarged
my
Recital
of
this
Letter
thus
far
,
because
,
beside
the
main
purpose
for
which
I
have
vouch'd
it
,
●t
furnishes
us
also
with
the
Proof
of
a
By-point
,
which
has
been
before
laid
down
in
these
Papers
[
‖
](A26154-e80130-b)
‖
P.
46
,
47.
,
that
the
Convocation
of
York
was
●ook'd
upon
as
under
some
kind
of
Obligation
●o
follow
the
Pattern
set
by
that
of
Canterbury
.
The
Protestations
of
the
whole
Clergy
against
Divers
Bills
,
are
mention'd
in
the
Rolls
,
and
sometimes
enter'd
at
length
:
a
manifest
Evidence
that
they
had
somthing
to
do
in
Parliament
;
for
otherwise
,
I
am
sure
,
they
could
have
had
no
Pretence
to
Protest
against
what
was
doing
there
;
nor
would
the
Parliament
have
accepted
,
and
entred
such
Protestations
.
These
ran
indeed
sometimes
in
the
Name
of
the
Archbishops
alone
,
but
were
however
made
on
the
behalf
of
their
Suffragans
also
,
and
of
the
whole
Clergy
of
their
Provinces
;
as
the
Rolls
[
†
](A26154-e80260-b)
†
Rot.
Parl.
13.
R.
2.
n.
24.
expresly
speak
.
And
this
is
in
general
to
be
observed
,
that
oftentimes
,
in
matters
Parliamentary
,
where
the
Bishops
names
only
are
mention'd
,
yet
it
was
not
Their
Act
alone
,
but
had
the
Concurrence
also
of
the
Convocation
Clergy
.
Thus
the
Statute
of
the
Clergy
25.
E.
III.
[
*
](A26154-e80300-b)
*
Rastall
p.
93.
is
in
the
Preamble
said
to
have
taken
its
rise
from
a
Petition
of
the
Bishops
:
but
if
we
look
into
the
Roll
of
that
Parliament
,
we
shall
find
that
the
Bishops
petition'd
for
themselves
,
&
tote
la
Clergie
.
And
15.
E.
III.
n.
19.
though
Archbishops
and
Bishops
only
are
nam'd
,
yet
in
the
Note
of
the
King's
answer
(
n.
26.
)
they
are
call'd
Generally
,
Petitions
of
the
Clergy
.
This
well
deserves
our
Notice
,
because
it
gives
us
a
true
account
,
how
the
Parliament
Prelates
came
to
act
in
Parliament
for
the
whole
State
Spiritual
:
for
that
being
at
hand
always
,
was
consulted
and
advis'd
with
in
every
thing
that
related
to
them
;
and
the
Result
of
those
Debates
was
by
the
Lords
Spiritual
laid
before
the
Parliament
.
21.
R.
II.
The
Clergy
of
both
Provinces
appoint
a
Common
Lay
Proctor
to
consent
for
them
to
some
Matters
done
in
Parliament
,
which
they
could
not
Lawfully
be
present
at
;
and
the
Form
of
the
Power
given
by
Them
to
this
purpose
in
writing
,
is
as
follows
.
Nos
Thomas
Cant.
&
Robertus
Eboracensis
Archiepiscopi
ac
Praelati
&
Clerus
utriusque
Provinciae
Cant.
&
Ebor.
Jure
Ecclesiarum
nostrarum
&
Temporalium
earundem
habentes
jus
interessendi
in
singulis
Parliamentis
domini
nostri
Regis
&
Regni
Angliae
pro
tempore
celebrandis
,
nec
non
tractandi
&
expediendi
in
eïsdem
—
Quantum
ad
singula
in
instanti
Parliamento
pro
Statu
&
Honore
domini
nostri
Regis
,
nec
non
Regaliae
suae
,
ac
Quiete
,
Pace
,
&
Tranquillitate
Regni
Iudicialiter
justificandâ
,
Venerabili
Viro
Thomae
de
Percy
Militi
nostram
plenariè
committimus
potestatem
;
ita
ut
singula
per
ipsum
facta
in
praemissis
perpetuis
temporibus
[
rata
]
habeantur
[
*
](A26154-e80430-b)
*
Rot.
Par.
n.
10.
This
Instrument
is
by
order
enroll'd
,
and
the
Right
therefore
which
the
Prelates
and
Inferior
Clergy
there
claim
,
of
being
of
every
Parliament
,
and
acting
in
it
,
is
by
the
King
,
and
his
Great
Council
,
who
order'd
this
Enrollment
,
admitted
and
affirm'd
.
2.
H.
IV.
c.
15.
The
Statute
against
the
Lollards
sprung
from
a
Remonstance
made
to
the
King
,
ex
parte
Praelatorum
&
Cleri
Regni
sui
Angliae
in
praesenti
Parliamento
,
as
the
Preamble
speaks
:
and
again
it
is
said
,
in
the
Body
of
it
;
super
quibus
quidem
Novitatibus
&
Excessibus
superiùs
recitatis
Praelati
&
Clerus
supradicti
,
ac
etiam
Communitates
dicti
regni
,
in
eodem
Parliamento
existentes
dicto
domino
Regi
supplicaverunt
[
†
](A26154-e80560-b)
†
Constitt
.
Prow
.
ad
finem
Lynwood
.
pp.
62
,
63.
.
And
at
their
Request
,
the
King
Enacts
,
ex
assensu
Magnatum
,
&
aliorum
Procerum
ejusdem
regni
in
dicto
Parliamento
existentium
.
—
So
that
the
Prelates
,
and
Barons
,
the
Commons
,
and
Lower
Clergy
are
alike
here
said
to
be
present
in
Parliament
.
The
Testimony
of
Walsingham
also
,
who
liv'd
at
this
time
is
considerable
:
He
appears
to
have
been
excellently
well
vers'd
in
our
Records
,
and
speaks
properly
always
,
though
not
Elegantly
,
of
the
matters
he
relates
:
And
his
Phrase
,
where
he
gives
an
account
of
any
Grant
,
or
Act
of
the
Clergy
in
Convocation
,
usually
is
;
Clerus
in
eodem
Parliamento
conce●●it
,
or
Statuit
.
Of
which
take
One
very
remarkable
Instance
.
Anno
1391.
(
says
he
)
Parliamentum
incaeptum
est
intra
mensem
&
faeliciter
expeditum
.
Nempe
praeter
X
am
a
Clero
&
XV
tam
a
Populo
concessam
,
multa
alia
sunt
in
Clero
&
Populo
ad
Regis
Placitum
reformata
;
&
praecipu●
in
Ordine
Nigrorum
Monachorum
,
illic
in
maximo
numero
,
Regis
Edicto
,
insimul
congregato
.
Fuerant
itaque
ibidem
etiem
60
Abbates
,
&
Priores
Conventuales
,
&
etium
300
&
amplius
Monachi
,
Doctores
&
Procurato●s
—
Statutum
●uerat
etiam
in
eodem
Parliamento
,
ad
instantiam
maximè
domini
Regis
,
ut
asseritur
,
per
clerum
,
ut
tertium
Beneficium
,
&c.
It
is
the
Convocation-Clergy
,
and
Convocation-Business
,
that
the
Historian
all
along
here
speaks
of
;
and
yet
he
speaks
of
the
first
we
see
,
as
being
of
,
and
of
the
second
,
as
done
in
Parliament
:
so
closely
were
those
Two
Meetings
then
thought
to
be
united
and
ally'd
.
And
the
same
is
Perpetually
the
Style
[
†
](A26154-e80840-b)
†
133●
.
Edvardus
Parliamentum
tenuit
,
in
quo
Archiepiscopus
Cant.
Concilio
Cleri
celebrato
.
Regi
X
am
triennalem
à
Clero
concedi
obtinuit
.
p.
●22
.
1371.
In
h●c
Parliamento
Cleri
Synodus
ab
Archiepiscopo
celebrata
est
.
p.
●●3
.
1344.
—
Parliamentum
tenu●t
In
eo
Clerus
ei
concessit
X
as
triennales
,
●●36
.
&
of
the
Author
of
that
Excellent
Book
de
Antiquitate
Ecclesiae
Britannicae
;
than
whom
none
understood
our
Constitution
better
,
or
express'd
himself
with
greater
Exactness
.
To
descend
to
Times
nearer
our
Own
.
In
the
21.
H.
VIII
.
The
Summer
before
the
Clergys
Submission
,
a
Letter
was
written
to
the
Pope
,
about
the
affair
of
the
Divorce
,
by
many
Members
of
Parliament
,
Wolman
,
Sampson
,
Gardiner
,
Lee
,
&c.
Who
seem
to
have
subscrib'd
as
Members
of
Convocation
;
for
Wolman
at
this
time
was
Prolocutor
[
†
](A26154-e81070-b)
†
Act.
MS.
Conv.
1529
.
And
I
do
not
see
how
otherwise
some
of
them
could
be
reckon'd
of
the
Parliament
,
being
not
,
that
I
can
find
,
call'd
up
thither
,
either
as
the
King
's
Great
Officers
,
or
by
Writ
of
Assistance
.
I
have
already
mention'd
[
†
](A26154-e81110-b)
†
P.
62.
a
Mandate
of
Bonner's
,
in
1543.
very
observable
for
the
way
in
which
it
is
worded
.
There
is
another
issu'd
about
two
Years
before
this
,
32.
H.
VIII
.
(
the
first
time
,
for
ought
appears
,
that
the
Clergys
Subsidys
were
confirm'd
by
Parliament
)
:
and
there
the
Phrase
differs
a
little
;
for
the
Prelates
and
Clergy
of
Cant.
Prov.
are
said
to
have
granted
a
subsidy
tam
in
ultim●
ipsorum
Praelatorum
&
Cleri
dictae
Prov.
Cant.
Convocatione
apud
D.
Paul
.
Lond.
quàm
etiam
in
Parliamento
hujus
regni
tùm
apud
Westm.
sacrâ
regiâ
auctoritate
respectivè
tentis
[
†
](A26154-e81180-b)
†
Registr.
Bonner
f.
21.
a.
,
and
so
again
in
another
,
dated
10.
Decem.
1544.
[
*
](A26154-e81220-b)
*
Ibid.
f.
66.
a.
and
in
a
Third
of
Bishop
Ridley's
,
drawn
4
●o
E.
VI
[
†
](A26154-e81280-b)
†
Ridley's
Registr.
f.
287.
b.
.
So
that
all
along
from
the
Time
when
the
Premunientes
was
first
inserted
,
down
to
the
Reformation
,
and
below
it
,
the
Clergy
assembling
in
Convocation
have
been
still
reputed
and
spoken
of
in
our
Records
,
and
most
Authentick
Writers
,
as
attending
on
the
Parliament
,
being
of
it
,
and
acting
in
it
:
To
what
Intents
and
Purposes
they
were
so
,
and
how
far
their
Parliamentary
Interest
in
these
times
extended
,
is
to
be
our
Third
and
Last
Enquiry
.
'T
is
upon
many
accounts
too
nice
a
Point
,
to
be
fully
and
exactly
stated
here
:
Something
however
,
as
it
falls
in
my
way
,
I
shall
say
of
it
;
desiring
the
Reader
(
as
I
have
done
already
on
other
Occasions
)
to
remember
,
that
I
meddle
not
in
what
follows
,
with
what
is
,
or
ought
to
be
the
Clergys
Right
,
or
Priviledge
now
;
but
only
with
what
it
has
been
heretofore
;
and
that
I
act
the
part
of
a
mere
Historian
,
not
of
an
Advocate
.
Their
Great
Parliamentary
Right
was
to
Tax
themselves
,
which
they
did
always
by
separate
Grants
,
and
those
antiently
neither
prescrib'd
,
nor
confirm'd
by
the
Laiety
in
Parliament
.
[
⸪
](A26154-e81390-b)
⸪
till
32.
H.
8.
When
therefore
in
the
4
R.
II.
[
*
](A26154-e81420-b)
*
Rot.
Par.
n.
13.
the
Commons
proffer'd
a
certain
Summ
,
so
the
Clergy
,
who
(
they
said
)
had
the
third
part
of
the
Realm
,
would
give
as
much
,
it
was
answer'd
by
the
Clergy
;
that
their
Grants
never
had
been
,
nor
ought
to
be
made
in
Parliament
[
in
that
sense
of
the
word
,
by
which
the
Parliament
is
oppos'd
to
the
Convocation
]
that
neither
could
the
Laiety
constrain
Them
in
this
respect
,
nor
They
the
Laiety
:
praying
the
King
withal
,
that
the
Libertys
of
the
Church
might
be
still
preserv'd
,
as
they
had
hitherto
been
;
and
that
the
Commons
might
be
requir'd
to
do
their
Dutys
,
as
the
Clergy
would
also
certainly
do
Theirs
,
and
had
always
done
.
Upon
which
the
Commons
Proposal
was
with-drawn
,
and
they
granted
without
that
Condition
.
And
the
same
Motion
was
made
again
,
and
quash'd
,
after
a
very
remarkable
manner
,
in
the
Eighth
Year
of
this
King
,
as
I
have
already
had
occasion
to
observe
.
This
Priviledge
they
enjoy'd
chiefly
as
to
their
Old
Revenues
,
with
which
they
were
endowed
before
the
Statute
of
Mortmain
;
but
for
what
they
acquir'd
after
that
Act
,
they
were
rated
together
with
the
Laiety
,
notwithstanding
their
frequent
Struggles
against
it
.
[
†
](A26154-e81480-b)
†
See
Abr.
of
Rec.
15.
E.
III.
p.
33.14
.
E.
III.
p.
28.20
.
E.
III.
p.
51.1
.
R.
II.
p.
163.
Another
of
their
Great
Parliamentary
Priviledges
was
,
To
begin
Bills
by
Petition
from
themselves
,
in
the
same
manner
as
the
Commons
did
;
and
those
Requests
,
when
answer'd
from
the
Throne
,
by
the
advice
of
the
King
's
Great
Council
,
grew
Statutes
,
or
Ordinances
of
Parliament
.
The
Rolls
are
full
every
were
of
These
;
which
are
mention'd
under
a
distinct
Head
from
those
of
the
Commons
,
and
Receivers
are
now
and
then
particularly
appointed
for
them
[
*
](A26154-e81570-b)
*
21.
E.
III.
See
Abr.
of
Rec.
p.
51.
.
They
came
sometimes
from
both
Provinces
[
†
](A26154-e81600-b)
†
Rot.
Par.
1.
R.
II.
n.
112.
joyntly
,
but
generally
from
the
Province
of
Cant.
alone
;
and
the
Style
of
them
was
—
Supplicant
vestri
Humiles
Oratores
,
Praelati
,
&
Clerus
[
†
](A26154-e81650-b)
†
4.
H.
IV.
n.
19.2
.
H.
4.
n.
48.
Prov.
Cant.
Or
Humiles
&
Devoti
Oratores
Clerus
totius
Prov.
Cant.
[
‖
](A26154-e81700-b)
‖
50.
E.
III.
n.
.
Vos
assiduels
Oratours
,
&
devotz
Prelatz
,
&
toute
la
Clergie
de
Province
,
&c.
[
⸪
](A26154-e81730-b)
⸪
51.
E.
III
n.
80.
Vostre
Chapelains
,
[
†
](A26154-e81760-b)
†
25.
E.
III
n.
69.
.
These
Requests
for
the
most
part
began
in
the
Lower
House
of
Convocation
;
especially
when
they
tended
to
the
Redress
of
Grievances
,
in
which
the
Lower
Clergy
were
most
nearly
concern'd
:
and
took
it
therefore
to
be
their
peculiar
Province
to
draw
up
Heads
of
these
,
and
propose
them
either
immediately
to
the
King
and
Parliament
,
or
to
the
Prelates
of
the
Upper
House
,
in
order
to
their
being
propos'd
in
Parliament
.
The
Clergy
further
claim'd
,
in
those
times
,
to
have
no
Bills
in
derogation
of
any
of
their
Priviledges
and
Immunities
pass
without
their
Consent
.
And
in
favor
to
this
Claim
of
theirs
it
was
,
that
when
such
Bills
were
offer'd
,
they
were
enacted
sometimes
by
the
King
,
under
a
Condition
,
that
the
Clergy
should
thereto
agree
[
†
](A26154-e81810-b)
†
Rot.
Par.
9.
R.
II.
n.
44.
;
and
at
other
times
,
referr'd
to
the
Clergy
in
Convocation
;
and
the
Answers
made
by
them
to
such
Petitions
reported
in
Parliament
.
Numerous
Instances
there
are
in
both
these
kinds
;
I
shall
mention
some
few
of
them
.
11.
H.
IV.
n.
70.
A
Petition
from
the
Commons
is
thus
answer'd
;
C●st
matteire
appertient
a
S.
Eglise
—
&
quant
a
la
Residence
remedie
em
●ust
purveu
en
le
darrain
Convocacion
.
Another
Petition
of
theirs
(
7.
R.
II.
n.
53.
)
thus
:
The
King
will
Charge
the
Clergy
to
amend
the
same
.
It
related
to
the
Extortions
of
Ordinarys
for
the
Probates
of
Wills
.
18.
E.
I.
The
Commons
desire
Remedy
de
multimodis
injustis
Vexationibus
eïs
factis
per
Officiales
,
&
alios
Ministros
Ecclesiae
.
The
King
reply'd
,
Cancellarius
emendet
in
Temporalibus
,
Archiepiscopus
in
Spiritualibus
[
*
](A26154-e81920-b)
*
Sir
Rob.
Cotton
Rem
.
p.
216
.
i.
e.
the
Archbibishop
in
Convocation
.
21.
E.
III.
n.
48.
To
a
Petition
of
the
Commons
about
the
Tithe
of
Great
Wood
,
claim'd
,
as
they
say
,
by
the
Clergy
,
in
vertue
of
a
late
Constitution
,
the
King's
answer
is
;
L'ercev●●
que
de
Canterbery
&
les
auters
Evesques
on
t
●●●sponduz
que
tiele
disme
nest
demandee
per
res●●
de
la
dit
Constitution
,
forsque
de
s●bbois
.
27.
H.
6.
n.
25.
The
Commons
pray
a
Pardon
,
in
behalf
of
some
of
the
Clergy
,
allowing
the
King
a
Noble
an
head
for
every
one
of
the
Priests
so
pardon'd
.
The
King's
Answer
is
(
what
,
for
as
much
as
there
is
no
Intimation
of
it
in
the
Abridgement
,
I
shall
at
length
Transcribe
)
:
At
the
Reverence
of
,
and
for
the
Love
and
Tenderness
that
the
King
hath
to
the
Chirche
,
and
to
the
Ministers
of
the
same
,
he
woll
that
this
Bill
as
to
th'
Imposicion
that
shuld
bate
the
Secular
Prests
of
this
Roialme
not
benefic'd
as
Stipendiaries
and
Chauntrie
Prests
,
be
committed
to
the
Archbishops
and
Bishops
in
the
Convocations
of
the
Clergies
of
this
Roialme
,
because
it
toucheth
the
Immunitie
and
Libertie
of
the
Chirche
,
the
which
the
King
intendeth
to
keep
without
hurte
or
Prejudice
in
all
wyse
.
And
as
touching
the
Pardon
conteyned
in
this
Bill
,
in
case
the
Nobles
of
the
said
Prests
be
graunted
to
him
in
the
said
Convocacions
,
then
the
King
woll
that
the
said
Pardon
stond
in
his
vertue
and
strength
,
without
fyne
or
fee
payeing
therefore
,
by
auctorite
of
this
present
Parliament
.
And
when
in
the
same
Session
the
Commons
petition'd
for
the
Perpetual
Imprisonment
of
Felonious
Clarks
,
they
were
thus
answer'd
,
Forasmuche
as
the
matter
conteyned
in
this
Petition
perteineth
to
Spiritueltie
,
the
King
woll
that
th'
Archbishops
and
the
Bishops
of
this
Roialme
set
suche
due
Remedye
thereynne
as
shall
seeme
to
theire
wisedom
covenable
and
sufficient
therefore
hereafter
,
and
that
the
Chirche
have
its
freedomes
and
Libertees
.
n.
22.
45.
E.
III.
n.
47.
The
Commons
ask
,
that
the
Statutes
of
the
Priests
,
by
Assent
of
the
Clergy
may
be
observ'd
[
†
](A26154-e82050-b)
†
Abr.
of
Rec.
p.
114.
.
Again
,
50.
E.
III.
n.
46.
They
desire
que
nul
Estatute
,
ne
Ordenance
soit
faite
ne
grante
au
Petition
du
Clergie
,
si
ne
soit
per
assent
de
Voz
Commenes
;
ne
que
vous
dites
Communes
ne
soient
obligez
per
nulles
constitutions
quils
font
pur
lour
avantage
,
sanz
assent
de
voz
dites
Commenes
.
The
Reason
of
which
Request
follows
;
Car
eux
ne
veullent
estre
obligez
a
nul
de
voz
Estatutz
ne
Ordinances
faitz
sanz
lour
assent
.
i.
e.
to
none
,
made
to
their
Hurt
and
Detriment
,
&
pur
avantage
de
Gens
Layes
.
In
the
Kings
answer
,
the
Truth
of
what
is
here
asserted
,
is
not
deny'd
;
but
the
Request
and
the
Imputation
being
too
general
,
it
was
order'd
—
Soit
ceste
matiere
declaree
en
special
.
The
Protestation
of
the
Clergy
against
the
Statute
of
Provisors
[
†
](A26154-e82140-b)
†
13.
R.
II.
n.
18.
runs
,
That
they
assent
to
no
Act
,
made
in
that
or
any
other
Parliament
,
in
restrictionem
Potestatis
Apostolicae
,
aut
in
subversionem
,
enervationem
,
seu
derogationem
Ecclesiasticae
Libertatis
.
Nay
even
as
low
as
the
Year
1529
or
30
,
I
find
'em
asserting
their
suppos'd
Priviledges
in
this
respect
,
and
complaining
of
some
Statutes
[
†
](A26154-e82190-b)
†
For
an
account
of
which
See
Hist.
of
Ref.
Vol.
1.
p.
82.
which
pass'd
in
that
Parliament
to
their
Prejudice
,
ad
quae
facienda
nec
consenserunt
per
se
,
nec
per
Procuratores
suos
;
neque
super
eïsdem
consulti
fuerunt
.
'T
is
in
a
Petition
yet
unprinted
,
and
which
I
shall
therefore
from
a
Cotton-Manuscript
transcribe
into
the
Appendix
[
†
](A26154-e82240-b)
†
See
N.
XV.
.
And
some
things
have
been
reckon'd
to
be
so
properly
of
Ecclesiastical
Cognizance
,
that
even
in
Acts
of
Parliament
made
since
the
Reformation
concerning
them
,
the
Previous
Resolution
,
or
Concurrence
of
the
Clergy
in
Convococation
has
been
expresly
taken
notice
of
.
Thus
5
and
6
E.
VI.
c.
12.
The
Learned
Clergy
of
the
Realm
are
said
to
have
determin'd
Priests
Marriages
to
be
most
Lawful
,
by
the
Law
of
God
,
in
their
Convocation
,
as
well
by
their
Common
Assent
,
as
by
the
Subscription
of
their
hands
.
And
1
Eliz.
c.
1.
allow'd
not
the
High
Commissioners
to
order
,
determin
,
or
adjudge
any
matter
or
cause
to
be
Heresy
,
but
only
such
as
have
heretofore
been
determin'd
,
order'd
,
or
adjudg'd
to
be
Heresy
,
by
the
Authority
of
the
Canonical
Scriptures
,
or
by
the
first
four
General
Councils
,
or
any
of
them
,
or
by
any
other
General
Council
,
wherein
the
same
was
declared
Heresy
by
the
express
and
Plain
Words
of
the
said
Canonical
Scriptures
or
such
as
shall
hereafter
be
order'd
,
judg'd
,
or
determin'd
to
be
Heresy
by
the
High
Court
of
Parliament
of
this
Realm
,
with
the
Assent
of
the
Clergy
in
their
Convocation
.
And
so
in
several
other
Statates
.
Beyond
all
this
,
their
Consent
in
Parliament
has
also
,
by
way
of
Condescension
,
been
sometimes
ask'd
,
and
admitted
,
even
in
matters
where
they
were
not
particularly
interested
.
For
9.
H.
V.
the
whole
Body
of
the
Clergy
(
under
the
Style
of
Proelati
&
Clerus
)
concurr'd
to
the
Ratification
of
a
League
by
Parliament
;
wherein
it
is
said
,
how
the
King
Tres
Status
regni
,
viz.
Praelatos
&
Clerum
,
Nobiles
&
Magnates
,
nec
non
&
Communitates
dicti
regni
—
ad
Palatium
suum
Westminster
—
ad
majorem
firmitatem
&
robur
pacis
praedictae
;
nec
non
propter
alias
causas
suum
statum
,
regnum
,
&
regni
utilitatem
concernentes
juxta
morem
&
consuetudinem
ejusdem
fecerat
convocari
—
Coram
quibus
tribus
Statibus
idem
Serenissimus
dominus
Rex
,
&c.
made
this
Treaty
be
read
,
and
They
confirm'd
it
.
n.
15.
And
the
very
same
Method
,
I
doubt
not
,
was
practis'd
35.
E.
III.
when
,
according
to
Walsingham's
account
,
in
Parliamento
Londoniis
proponebatur
cunctis
Regni
Statibus
Concordia
inter
Reges
Stabilita
,
placuitque
[
*
](A26154-e82450-b)
*
Yp.
Neustr
.
ad
ann.
1361.
cunctis
dictam
concordiam
recipere
&
tenere
[
*
](A26154-e82480-b)
*
Yp.
Neustr
.
ad
ann.
1361.
.
6.
H.
VI.
n.
27.
When
it
was
Enacted
,
that
no
Man
should
contract
or
marry
himself
to
any
Queen
of
England
,
without
the
King's
leave
;
the
Record
says
,
that
the
Bishops
and
Clergy
agree
to
it
,
as
far
forth
as
the
same
swerveth
not
from
the
Law
of
God
,
and
of
the
Church
,
and
so
as
the
same
importeth
no
Deadly
Sin
.
[
*
](A26154-e82540-b)
*
Abr.
of
Rec.
p.
589.
.
In
all
the
Judgments
of
the
Parliament
21.
R.
II.
the
Name
and
Assent
of
the
Proctors
of
the
Clergy
is
particularly
alledg'd
[
†
](A26154-e82590-b)
†
Abr.
of
Rec.
p.
381.
,
to
countenance
(
as
the
Historian
of
our
Reformation
supposes
[
‖
](A26154-e82610-b)
‖
Part
2.
p.
49.
)
the
Acts
of
that
Meeting
,
wherein
the
whole
Proceeding
of
a
former
Parliament
was
annull'd
;
and
to
give
a
Collateral
Assent
,
and
Authority
to
them
,
as
another
Writer
[
*
](A26154-e82630-b)
*
L.
M.
P.
p.
32.
(
not
much
amiss
,
I
think
)
distinguishes
.
And
thus
far
I
can
agree
with
Both
:
but
when
his
Lordship
further
adds
,
that
this
is
the
only
time
that
they
are
mention'd
as
bearing
a
share
in
the
Legislative
Power
,
I
must
beg
leave
to
believe
the
Records
before
him
:
One
of
which
[
the
Instrument
of
Succession
in
H.
IVth's
time
]
has
been
already
produc'd
[
†
](A26154-e82670-b)
†
P.
61
,
62.
;
and
his
Lordship
upon
a
view
of
the
Words
cannot
,
I
dare
say
,
doubt
whether
the
Clergy
were
,
in
that
Instance
,
allow'd
a
share
in
the
Legislative
Power
;
for
the
Succession
is
said
to
be
settled
,
not
only
with
their
Consent
,
but
by
their
Authority
.
Such
have
the
Instances
been
,
in
which
they
either
claim'd
,
or
were
indulg'd
a
consenting
Voice
;
and
for
the
sake
of
which
,
as
it
should
seem
,
their
Summons
ad
consentiendum
issu'd
out
all
along
,
even
after
their
Compleat
Separation
.
Not
that
the
same
Reasons
still
continue
,
though
the
same
Summons
does
;
for
200
Years
Disuse
has
barr'd
the
Clergy
from
acting
Parliamentarily
in
several
Instances
,
which
heretofore
they
were
allow'd
to
interpose
in
.
Our
Constitution
is
much
alter'd
in
many
of
these
respects
:
and
(
to
say
the
Truth
)
it
was
fit
,
that
in
many
of
'em
it
should
be
al●er'd
;
and
that
the
Parliamentary
Interest
of
the
Lower
Clergy
should
be
reduc'd
(
as
it
is
)
to
Matters
Ecclesiastical
,
and
such
Things
as
concern
either
Religion
,
or
their
Order
.
And
in
this
Sphaere
,
I
conceive
,
they
still
move
,
and
are
still
a
Parliamentary
Assembly
;
whose
Consent
is
regularly
to
be
had
to
all
Laws
,
relating
to
Faith
,
or
Church-Discipline
,
when
ever
the
Parliament
shall
please
to
enact
any
;
and
whose
consent
,
when
Previous
to
such
Laws
,
is
,
I
presume
,
most
Regular
.
They
have
still
a
Right
o●
being
summon'd
to
▪
and
with
every
new
Parliament
,
and
a
Right
of
sitting
by
vertue
of
that
Summons
;
in
order
,
not
to
those
High
Affairs
of
State
,
which
they
once
consider'd
jointly
with
my
Lords
the
Bishops
,
when
they
sat
with
them
in
Parliament
;
and
which
made
the
Constant
Preamble
of
their
Convocation-Writs
,
long
after
they
separated
:
but
for
some
Religious
Ends
,
and
Church
Purposes
;
with
which
,
however
,
the
Safety
and
Peace
of
the
State
is
closely
interwoven
.
They
are
to
be
ready
,
to
offer
to
the
King
and
Parliament
,
what
they
shall
Judge
serviceable
to
the
Interests
of
Piety
and
Good
Manners
;
and
to
consider
of
what
shall
be
offer'd
to
them
;
to
remonstrate
against
what
may
be
passing
there
to
their
Disadvantage
;
and
to
pray
Help
of
the
States
,
in
such
matters
as
may
redound
both
to
the
Benefit
of
their
Own
Order
,
and
to
the
good
of
the
whole
Kingdom
.
In
these
,
and
several
such
respects
as
these
,
the
Clergy
have
still
a
Right
of
Attending
on
every
New
Parliament
;
and
(
which
ought
to
be
consider'd
)
the
Parliament
have
also
a
Right
of
being
attended
by
them
,
as
their
Proper
Assistants
,
and
Councelors
in
matters
Ecclesiastical
,
whose
Judgment
is
in
many
cases
to
be
ask'd
even
where
it
may
not
be
follow'd
;
and
whose
Resolutions
are
not
without
Weight
,
even
when
they
are
without
Authority
.
'T
is
in
this
case
,
as
in
that
of
the
Iudges
,
the
Masters
in
Chancery
,
and
the
King's
Council
learned
in
the
Law
;
who
have
a
Right
of
being
call'd
up
to
the
House
of
Lords
,
and
to
that
end
can
demand
their
Writs
of
Assistance
:
Nor
is
this
all
;
for
the
Lords
also
have
a
Right
of
being
thus
assisted
by
them
;
and
can
therefore
claim
their
attendance
,
though
they
themselves
should
be
willing
to
forego
it
:
The
Priviledge
is
mutual
,
and
not
to
be
wav'd
on
the
one
side
,
without
Consent
of
the
other
.
In
like
manner
,
I
say
,
the
Convocation-Clergy
may
be
consider'd
as
the
Council
Spiritual
of
Parliament
;
to
whose
attendance
therefore
,
that
August
Body
is
entitled
;
and
in
whose
Summons
and
sitting
consequently
,
it
is
in
a
near
manner
concern'd
.
For
should
there
not
be
frequent
need
of
their
Advice
or
Assistance
,
yet
as
it
is
for
the
Honour
of
the
two
Houses
,
that
the
Clergy
should
be
ready
always
,
against
there
shall
be
need
of
it
;
so
is
it
for
their
Interest
too
,
to
keep
up
a
Title
to
such
Assisting
Assemblys
,
by
keeping
up
the
Assemblys
themselves
.
It
is
possible
,
that
there
may
be
no
occasion
of
advising
with
the
Iudges
,
throughout
an
whole
Session
of
Parliament
.
Could
the
Lords
certainly
foresee
this
,
yet
they
would
not
,
I
suppose
,
consent
that
their
Summons
should
,
for
that
time
,
be
drop'd
,
or
even
their
Attendance
excus'd
.
The
Argument
therefore
advanc'd
in
these
Papers
must
be
look'd
upon
,
as
a
Plea
for
the
Priviledges
,
not
of
the
Convocation-Clergy
only
,
but
of
the
Parliament
it self
also
,
to
which
they
belong
;
and
to
whose
Assemblys
,
Theirs
,
are
now
,
and
from
the
first
settlement
of
Christianity
among
us
have
been
,
strictly
united
:
not
indeed
constantly
in
the
same
Respects
,
and
by
the
very
same
State-Tyes
,
and
Ligaments
;
but
sometimes
by
more
,
and
sometimes
by
fewer
;
and
always
by
such
,
and
so
many
,
as
were
needful
to
preserve
,
and
prove
the
Union
.
An
Account
of
these
,
regularly
deduc'd
through
the
several
Periods
of
time
,
from
the
earliest
Saxon
Age
downwards
,
has
been
the
business
of
this
Chapter
:
not
with
any
Aim
of
retrieving
lost
Rights
,
or
building
New
Pretensions
on
Old
disus'd
Practises
;
but
merely
to
shew
,
that
the
Parliamentary
Assemblys
of
the
Clergy
,
are
of
the
Essence
of
our
Government
,
have
been
practis'd
from
the
foundation
of
it
,
and
are
woven
into
the
Frame
of
it
;
and
can
never
therefore
without
doing
Violence
to
our
good
Old
Constitution
,
be
suppress'd
.
The
Ends
and
Uses
indeed
of
these
Conventions
of
the
Clergy
have
been
different
;
but
under
all
those
Varietys
,
the
Right
,
and
the
Practise
of
Convening
has
still
continu'd
the
same
,
without
being
ever
,
till
now
,
interrupted
,
or
disputed
.
And
therefore
(
to
repeat
here
at
the
close
of
this
Chapter
,
what
I
have
said
already
at
the
Entrance
of
it
)
it
makes
nothing
against
the
Clergys
Right
of
Meeting
with
the
Parliament
,
that
they
are
now
no
Member
,
or
Estate
of
Parliament
(
as
Dr.
W.
objects
)
:
since
they
are
,
however
,
an
Estate
of
the
Realm
,
oblig'd
and
entitled
by
the
fixt
Rules
of
our
Constitution
to
assemble
with
the
Parliament
;
and
which
has
,
according
to
this
Obligation
,
and
by
this
Title
,
assembled
with
it
,
now
for
some
hundred
Years
,
since
all
Pretence
of
assembling
,
as
an
Estate
of
Parliament
,
vanish'd
.
And
now
,
I
have
,
I
think
,
answer'd
all
Dr.
W's
Objections
on
this
first
Head
;
unless
we
should
allow
a
certain
poor
Colour
of
his
to
pass
for
an
Objection
,
where
he
tells
us
,
that
Our
Kings
have
often
been
wont
to
hold
Convocations
when
there
were
were
no
Parliaments
sitting
[
†
](A26154-e82980-b)
†
Pp.
229.
(
286.
)
:
from
whence
he
would
have
it
understood
,
that
those
two
Meetings
have
no
manner
of
dependence
upon
one
another
;
and
that
the
King
therefore
is
as
much
at
Liberty
to
hold
a
Parliament
without
a
Convocation
,
as
he
has
been
to
call
a
Convocation
without
a
Parliament
.
To
this
End
he
has
adorn'd
his
Appendix
with
a
learned
List
of
Convocations
antiently
held
without
Parliaments
,
or
at
different
Times
from
them
[
*
](A26154-e83010-b)
*
Num.
VI.
:
an
whole
Dozen
of
which
he
finds
in
the
Compass
of
240
Years
[
†
](A26154-e83020-b)
†
From
1287.
to
1538.
.
'T
is
a
mercy
,
his
knowledge
is
somewhat
stinted
in
this
way
:
for
else
,
we
should
assuredly
have
had
fifty
Instances
more
of
the
kind
;
since
so
many
at
least
,
might
,
within
that
Compass
of
time
,
have
been
fetch'd
from
our
Manuscript
Registers
,
and
Printed
Historians
.
I
could
without
difficulty
number
up
the
greatest
part
of
them
now
,
if
it
were
either
worth
the
Readers
while
to
have
such
a
List
,
or
related
any
ways
to
the
present
Dispute
;
which
turns
not
on
the
King's
Prerogative
of
assembling
Convocations
out
of
Parliament
(
a
Right
undoubtedly
belonging
to
the
Crown
in
elder
Times
)
but
on
the
Spiritual
Subject's
Priviledge
of
being
assembled
in
it
.
Had
Dr.
W.
given
us
a
List
of
Parliaments
antiently
held
without
Convocations
,
That
indeed
had
been
to
his
purpose
,
and
would
have
gone
a
good
way
towards
setling
the
Point
between
us
.
But
here
he
is
as
reserv'd
as
one
would
wish
;
for
from
the
beginning
to
the
end
of
his
Crude
Work
,
there
is
not
a
single
Instance
of
this
kind
made
out
,
or
so
much
as
pretended
[
†
](A26154-e83070-b)
†
Except
the
Trite
▪
Instance
of
Exclus●
Clero
.
.
Nay
,
to
see
the
fate
of
misapply'd
Reading
,
even
of
those
twelve
insignificant
Instances
which
he
has
produc'd
,
no
less
than
eight
are
evidently
mistaken
,
as
to
the
Dates
either
of
the
Parliaments
,
or
Convocations
mention'd
in
them
.
The
Reader
will
rather
take
my
word
for
it
,
than
allow
me
the
liberty
of
interrupting
the
Course
of
my
Argument
so
far
,
as
to
prove
it
:
And
I
shall
proceed
therefore
to
consider
and
remove
the
several
Objections
that
lie
also
against
the
second
Point
advanc'd
in
these
Papers
,
that
the
Clergy
,
when
met
,
have
a
Right
of
Treating
and
Debating
freely
about
such
matters
as
lie
within
their
proper
Sphaere
,
and
even
of
coming
to
fit
Resolutions
upon
them
,
without
being
necessitated
antecedently
to
gratify
themselves
for
such
Acts
or
Debates
,
by
a
License
under
the
Broad
Seal
of
England
.
CHAP.
VIII
.
IT
had
been
argu'd
from
the
General
Nature
of
such
Assemblys
,
as
these
we
are
treating
of
,
that
Freedom
of
Debate
was
their
undoubted
Right
and
Priviledge
,
incident
to
them
as
such
,
and
inseparable
from
'
em
.
To
this
I
find
these
several
Answers
return'd
.
Dr.
W.
assures
us
,
that
the
Debates
of
the
most
General
and
Famous
Councils
have
been
under
as
great
Restraint
as
he
supposes
the
Convocation
to
be
[
†
](A26154-e83200-b)
†
P.
288.
L.
M.
P.
adds
,
that
Poyning's
Law
has
ty'd
up
even
a
Parliament
in
Ireland
as
strictly
[
†
](A26154-e83260-b)
†
P.
44.
:
and
the
Author
of
the
Postscript
[
⸪
](A26154-e83280-b)
⸪
At
the
end
of
a
Book
,
entituled
—
An
Essay
concerning
the
Power
of
the
Magistrate
,
8●
.
1697.
fetches
a
third
Instance
from
Scotland
,
where
the
Three
Estates
,
he
says
,
can
debate
of
nothing
,
but
what
the
Lords
of
the
Articles
have
beforehand
agreed
on
[
‖
](A26154-e83320-b)
‖
P.
198.
.
As
to
the
first
of
these
,
supposing
Dr.
W's
Allegation
true
,
yet
he
has
been
told
,
that
there
is
no
arguing
from
the
Powers
claim'd
,
or
exercis'd
by
Emperors
in
those
Great
and
Extraordinary
Assemblys
,
to
what
is
fit
to
be
done
in
lesser
and
stated
ones
:
and
why
such
Inferences
do
not
hold
,
some
Reasons
have
been
given
him
,
which
I
need
not
now
repeat
.
But
in
truth
he
mistakes
,
or
misrepresents
the
Practise
of
the
Emperors
,
even
in
these
General
and
Famous
Councils
,
which
(
I
have
shewn
him
p.
125
,
6.
)
went
no
further
,
than
to
require
a
preference
to
that
Particular
Business
for
the
Dispatch
of
which
they
were
Summon'd
,
not
to
exclude
their
debating
on
any
thing
,
but
what
the
Emperor
propos'd
to
them
.
And
of
this
the
Canons
of
those
Councils
are
an
Evidence
beyond
Dispute
;
which
,
both
as
to
Matter
and
Form
,
took
their
Rise
from
the
several
Synods
they
were
made
in
,
without
any
Imperial
Leave
,
or
Direction
for
the
framing
them
.
With
what
Face
then
can
Dr.
W.
vouch
the
Practise
of
these
Councils
as
Precedents
for
that
Degree
of
restraint
he
would
have
laid
on
an
English
Convocation
?
With
what
Truth
or
Conscience
can
he
affirm
,
that
they
acted
intirely
according
to
the
Prescription
of
the
Emperors
?
[
†
](A26154-e83390-b)
†
P.
288.
and
deliberated
on
nothing
,
but
what
they
were
directed
,
or
allowed
(
he
means
expresly
,
and
particularly
allow'd
)
by
the
Prince
to
deliberate
on
[
†
](A26154-e83420-b)
†
P.
48.
?
Whatever
our
Author
may
think
of
such
Doctrine
Now
,
or
whatever
he
may
Hope
from
it
,
sure
I
am
,
that
had
he
liv'd
,
and
utter'd
it
,
while
those
Holy
Synods
were
in
being
,
it
would
not
have
been
two
or
three
Years
afterwards
before
he
had
repented
of
it
.
But
Old
Councils
are
Dead
and
Gone
;
and
any
thing
,
it
seems
,
may
be
said
of
them
.
Let
him
not
depend
too
much
upon
that
:
for
they
have
Friends
still
in
the
World
,
that
may
happen
,
yet
before
he
dies
,
to
meet
together
,
and
ask
him
a
few
Questions
.
A
living
Synod
may
sometime
or
other
think
it
for
its
Interest
,
and
find
it
in
its
Power
,
to
vindicate
the
Honor
and
Authority
of
the
Dead
ones
.
Well
,
if
Old
Councils
cannot
afford
a
Precedent
,
Modern
Parliaments
shall
.
Poyning's
Law
therefore
is
urg'd
,
which
provides
,
that
All
such
Bills
as
shall
be
offer'd
to
the
Parliament
of
Ireland
,
shall
be
transmitted
hither
under
the
Great
Seal
of
that
Kindom
;
and
having
receiv'd
approbation
here
,
shall
be
sent
back
under
the
Great
Seal
of
England
,
to
be
preferr'd
to
the
Parliament
of
Ireland
[
†
](A26154-e83490-b)
†
L.
M.
P.
p
44.
.
But
what
have
we
to
do
with
Instances
fetch'd
from
Conquered
Countrys
,
who
must
receive
what
Terms
the
Victor
pleases
,
and
be
glad
of
any
?
We
live
among
another
People
,
always
Jealous
of
their
Libertys
,
and
careful
to
preserve
them
:
in
a
Land
,
where
slavery
either
in
Church
or
State
,
though
sometimes
planted
,
could
never
thrive
.
And
those
Fetters
therefore
,
which
might
perhaps
justly
be
laid
on
an
Irish
Parliament
,
may
not
fit
an
English
Convocation
so
well
;
which
is
therefore
free
,
because
it
is
an
English
one
.
But
after
all
,
how
far
does
this
Law
of
Poynings
reach
;
Our
Lawyer
tells
us
,
that
it
leaves
not
the
Parliament
at
Liberty
to
propose
what
Laws
they
please
,
that
the
Irish
look
upon
it
as
Conclusive
upon
their
Debates
,
and
are
satisfy'd
:
and
again
,
that
we
have
here
an
Instance
of
a
Parliament
without
Liberty
of
Debate
.
But
this
is
too
gross
an
Imposition
upon
the
Credulity
of
his
Readers
;
few
of
which
are
so
ignorant
,
as
not
to
be
aware
,
that
Poyning's
Law
layes
a
restraint
only
on
the
Enacting
Power
of
their
Parliament
,
but
not
on
the
Debates
of
it
;
which
,
notwithstanding
this
Act
,
are
left
as
free
as
ever
.
They
can
still
Treat
and
Conferr
about
all
Matters
and
Causes
that
are
of
Parliamentary
Cognizance
;
they
can
Petition
,
Represent
,
and
Protest
:
Nay
they
can
propose
what
Heads
of
Bills
they
please
,
to
be
transmitted
hither
,
and
sent
back
thither
in
Form
;
of
which
we
have
had
very
late
and
frequent
Experience
.
And
how
therefore
the
Abridgment
of
the
Convocations
Liberty
of
Debate
can
be
pretended
to
be
justify'd
by
this
Irish
Precedent
,
is
,
I
confess
,
past
my
English
Understanding
.
For
,
as
I
take
it
,
the
Convocation
desires
no
other
Powers
and
Priviledges
,
but
just
what
this
Parliament
claims
and
practises
;
and
pleads
only
,
that
the
25
H.
VIII
.
may
not
be
extended
to
such
a
Rigorous
and
Unjustifiable
Sense
,
as
will
lay
greater
restraints
upon
Them
,
than
Poyning's
Laws
does
upon
Those
of
Ireland
.
But
our
Letter-writer
himself
is
sensible
,
that
this
Instance
is
not
to
the
purpose
:
for
at
the
close
of
it
,
his
Conscience
gives
a
little
,
and
he
is
forc'd
to
confess
,
that
the
Irish
Parliament
are
not
under
an
Universal
Restraint
,
nor
wholly
mute
,
till
the
King
gives
them
Power
to
Debate
and
Act
[
†
](A26154-e83740-b)
†
P.
44.
.
Are
they
not
?
Why
then
was
it
generally
said
,
that
they
were
a
Parliament
without
a
Liberty
of
Debate
,
or
of
proposing
what
Laws
they
please
,
in
the
very
next
Lines
to
these
,
where
it
is
all
unsaid
again
?
What
means
this
Absurd
Writer
,
to
place
his
Inconsistencies
so
near
one
another
,
that
one
Glance
of
the
Eye
discovers
them
?
Even
Dr.
W.
is
in
this
respect
a
more
Modest
and
Wary
Manager
:
for
His
Contradictions
usually
keep
their
Distance
,
and
may
lie
hid
therefore
,
if
the
Reader
do
not
think
it
worth
his
while
(
as
few
Readers
do
perhaps
)
to
carry
the
several
parts
of
his
Book
in
their
mind
,
and
compare
them
one
with
another
.
Besides
,
if
the
Irish
Parliament
is
not
under
an
Universal
Restraint
,
what
have
we
to
do
with
it
here
▪
where
we
are
enquiring
after
Instances
,
to
countenance
the
laying
such
an
Universal
Restraint
on
the
Convocation
in
England
?
If
this
be
not
a
Parallel
of
a
Restraint
in
the
same
Degree
,
it
is
no
parallel
at
all
:
there
is
no
doubt
,
but
such
meetings
may
be
restrain'd
;
how
far
,
is
the
Question
.
Were
Precedents
Proofs
of
the
Reasonableness
of
such
and
such
ways
of
acting
,
yet
those
Precedents
must
be
exact
and
full
,
or
they
prove
nothing
.
Ay
,
but
the
same
Power
that
disabled
them
so
far
,
might
have
put
them
under
an
entire
disability
.
It
might
so
,
if
they
were
a
Province
won
to
the
Crown
by
its
Sword
;
for
it
might
have
allow'd
them
no
Parliament
at
all
:
but
if
it
allow'd
them
any
,
Freedom
of
Debate
could
not
have
been
deny'd
them
;
without
which
,
in
the
Apprehensions
of
Us
Englishmen
,
there
can
be
no
Parliament
.
'T
is
true
,
the
French
use
the
word
otherwise
:
for
with
Them
it
signifies
an
Assembly
,
to
which
the
King's
Edicts
are
sent
to
be
verify'd
.
But
we
are
not
yet
acquainted
with
this
Sense
of
the
Word
,
and
I
hope
never
shall
.
We
took
the
Term
from
them
heretofore
,
when
it
signify'd
something
else
;
and
we
have
taken
care
to
preserve
its
Original
Meaning
.
Dr.
W.
indeed
bids
far
for
introducing
the
French
sense
of
the
Word
;
for
he
tells
us
roundly
,
That
the
English
Parliament
are
,
And
how
far
the
Convocation
is
,
in
his
Opinion
,
to
be
directed
by
the
King
,
his
Book
informs
us
.
This
is
harsh
Doctrine
,
to
suppose
any
restraint
upon
the
Parliaments
Freedom
of
Debate
,
and
may
happen
not
to
go
down
easily
with
Those
that
are
concern'd
in
it
.
But
he
thinks
he
has
soften'd
it
,
by
saying
,
that
the
Parliament
are
in
their
Debates
as
much
,
though
not
as
necessarily
directed
as
the
Convocation
.
What
the
meaning
of
that
senseless
Distinction
is
,
I
cannot
see
,
or
how
it
does
him
any
service
.
Should
we
allow
him
,
that
his
Doctrine
curbs
the
Parliaments
Freedom
of
Debate
as
much
,
though
not
as
necessarily
,
as
it
does
that
of
Convocation
,
would
such
an
allowance
mend
the
matter
?
or
screen
him
a
whit
the
more
from
the
Just
Resentments
of
Those
,
who
will
no
more
bear
being
told
,
that
they
are
as
much
,
than
that
they
are
as
necessarily
directed
in
their
Debates
,
as
the
Convocation
is
?
if
indeed
the
Convocation
can
debate
of
nothing
,
till
they
are
qualify'd
for
it
under
the
Broad
Seal
of
England
.
I
am
mistaken
,
if
this
be
not
,
to
wound
the
Libertys
of
Parliament
,
through
those
of
Convocation
.
The
Instance
of
the
Lords
of
the
Articles
in
Scotland
is
as
little
to
the
purpose
.
They
were
a
Previous
Committee
,
compos'd
of
some
Members
of
the
Estates
of
Parliament
,
thro'
which
every
Act
was
to
pass
,
before
it
could
come
before
the
States
themselves
.
But
they
were
no
bar
upon
the
Debates
of
Parliament
;
where
any
Subject
might
be
started
and
discuss'd
,
any
Requests
or
Proposals
to
the
Prince
might
be
drawn
,
whether
these
Lords
had
made
way
for
such
Considerations
or
no.
However
,
the
check
which
this
gave
to
the
Parliament
in
their
Legigislative
Capacity
,
was
thought
a
Badge
of
slavery
by
the
Scotch
;
and
therefore
towards
the
beginning
of
this
Revolution
,
when
the
Chains
were
knock'd
off
every
where
from
his
Majesty's
Subjects
,
this
Committee
was
abolish'd
.
And
had
the
English
Clergy
then
lain
under
any
undue
Restraint
,
They
too
might
have
hop'd
for
a
Relief
from
it
,
assoon
as
any
men
;
since
none
had
been
more
Instrumental
than
They
in
promoting
the
Common
Deliverance
.
They
might
have
expected
a
legal
Relaxation
of
the
Rigor
of
any
Law
that
lay
hard
upon
them
:
but
instead
of
this
,
their
only
Request
is
,
that
an
Act
made
in
Abridgment
of
their
Priviledges
may
not
be
constru'd
to
an
Illegal
and
Oppressive
Sense
;
that
they
may
enjoy
their
Old
Rights
,
which
they
stand
possess'd
of
by
Law
;
and
that
no
New
Encroachments
may
take
place
upon
them
.
Which
is
so
very
Modest
a
Plea
,
as
may
be
made
by
any
Body
of
Men
,
even
without
Merit
on
their
●●de
;
and
cannot
when
understood
,
be
deny'd
them
without
Injustice
:
and
therefore
,
I
am
confident
,
when
it
is
understood
will
not
be
deny'd
them
.
Having
taken
off
this
General
Colour
,
drawn
from
the
Authority
exercis'd
over
such
Meetings
as
these
,
in
other
Times
and
Countrys
,
I
go
on
now
to
what
has
been
objected
more
particularly
and
closely
.
And
the
first
Exception
of
Weight
that
lies
against
the
Claim
made
,
is
,
That
the
Perpetual
Practise
of
Convocations
,
ever
since
the
25
H.
VIII
▪
runs
otherwise
:
and
this
indeed
,
were
it
true
,
would
be
a
strong
one
.
And
if
General
Assertions
without
Proofs
would
have
made
it
true
,
Dr.
W.
had
done
it
:
for
he
has
over
and
over
[
†
](A26154-e84100-b)
†
Pref.
p.
II.
pp.
26
,
40
,
43
,
109
,
113
,
115
,
116
,
&c.
293.
L.
M.
P.
p.
40
,
43
,
3●
affirm'd
this
to
be
the
case
,
with
as
much
assurance
as
if
he
had
perus'd
the
Journals
of
every
Convocation
since
that
Act
,
and
seen
the
King's
several
Commissions
enter'd
there
.
By
that
time
he
is
got
to
the
second
Page
of
his
Preface
,
we
have
him
affirming
,
that
the
Sense
of
the
Act
given
is
repugnant
to
the
Constant
Practise
of
our
Convocations
ever
since
the
time
of
H.
VIII
.
This
is
certain
,
he
says
,
nor
does
he
Himself
(
against
whom
he
writes
)
deny
it
.
Indeed
't
is
just
as
certain
,
as
it
is
that
that
Writer
yields
it
;
who
says
only
[
in
answer
to
a
Question
there
put
,
whether
the
Convocation
may
conferr
without
a
License
?
]
that
the
Common
receiv'd
Opinion
is
in
the
Negative
[
†
](A26154-e84220-b)
†
P.
40.
.
But
not
a
word
has
he
there
,
or
any
where
else
,
about
the
Practise
consequent
upon
that
Act
:
and
he
speaks
only
of
the
Opinion
at
present
receiv'd
,
without
entring
into
the
Judgment
of
Elder
times
.
So
that
Dr.
W.
represents
his
Adversarys
Positions
just
as
honestly
as
he
argues
against
them
.
Indeed
should
that
Author
have
allow'd
the
stream
either
of
Practise
or
Opinion
to
have
been
always
contrary
to
his
sense
of
the
Act
,
he
had
been
(
as
Dr.
W.
now
is
)
under
a
Gross
Mistake
;
for
it
is
certain
,
that
both
General
Opinion
and
Practise
were
on
his
side
for
many
Years
after
the
Act
pass'd
.
Upon
a
strict
Enquiry
into
the
matter
,
I
find
no
Instance
of
a
Commission
to
treat
,
that
is
not
Threescore
and
ten
Years
younger
than
the
Statute
it self
.
The
several
Convocations
in
the
12
last
years
of
H.
the
VIII
.
those
of
E.
the
VI
th
.
of
Q.
Mary
,
and
Q.
Elizabeth
all
,
for
ought
I
can
find
,
acted
without
any
such
Commission
,
or
License
in
writing
;
and
the
first
time
we
meet
with
it
on
Record
,
is
,
in
1603
,
when
King
Iames's
first
Synod
met
,
to
settle
the
Discipline
of
the
Church
,
in
that
Body
of
Canons
,
which
at
present
obtains
.
Nor
is
there
any
Opinion
,
I
believe
for
the
Necessity
of
such
a
License
,
elder
than
this
Practise
:
at
least
I
have
not
had
the
good
fortune
ever
to
meet
with
any
,
though
I
have
diligently
sought
for
it
.
'T
is
true
,
the
Registers
of
most
Convocations
,
summon'd
since
this
Statute
,
were
lost
in
the
Fire
of
London
;
however
large
Extracts
out
of
several
of
them
are
preserv'd
,
and
compleat
Transcripts
of
some
:
and
in
none
of
these
is
there
the
least
Footstep
of
any
License
under
the
Broad
Seal
to
be
seen
,
but
very
plain
Intimations
to
the
contrary
;
as
I
shall
now
by
some
Remarkable
Passages
taken
from
thence
,
and
from
other
Books
and
Papers
of
good
Authority
shew
.
And
if
I
am
somewhat
Larger
in
my
Recitals
of
this
kind
than
is
absolutely
necessary
,
the
Reader
,
I
hope
,
will
easily
forgive
me
:
What
does
not
directly
tend
to
establish
my
Assertion
,
will
serve
at
least
to
give
some
small
Light
into
the
Methods
of
Proceeding
usual
in
Convocation
,
which
the
Author
of
the
Letter
to
a
Convocation-man
rightly
observes
to
be
little
known
,
or
minded
.
And
Dr.
Wake
,
who
smiles
at
his
Remark
,
is
himself
a
most
Contemptible
Instance
of
the
Truth
of
it
:
since
he
has
ventur'd
to
write
a
Book
,
about
the
Customs
and
Priviledges
of
Convocations
,
without
having
perus'd
the
Acts
of
almost
any
One
English
Synod
;
and
has
from
the
beginning
to
the
end
of
his
wretched
Performance
,
prov'd
nothing
effectually
,
but
his
own
profound
Ignorance
of
the
Subject
he
is
engag'd
in
.
I
shall
take
the
Rise
of
my
Enquirys
from
the
Convocation
which
sat
,
upon
a
Prorogation
,
Nov.
V.
1532.
before
which
the
Submission
of
the
Clergy
was
made
to
the
King
,
but
not
yet
Enacted
:
so
that
though
it
oblig'd
them
not
Then
as
a
Law
,
yet
it
bound
them
as
a
Promise
;
by
the
Terms
of
which
,
if
a
Commission
to
Treat
had
been
then
held
necessary
,
we
may
be
sure
,
they
would
not
so
soon
after
the
making
that
Promise
have
treated
without
one
.
And
yet
I
find
no
Hint
of
a
Commission
in
a
Diary
of
that
Meeting
,
where
a
great
many
things
of
much
less
moment
are
set
down
;
and
where
,
it
being
the
first
time
the
Clergy
met
after
they
submitted
,
had
any
such
thing
been
practised
,
we
should
without
fail
have
heard
of
it
.
Sess.
11.
Martii
26.
1533.
this
Note
is
inserted
,
—
Tunc
vertebatur
in
dubium
,
an
liceret
disputare
in
Negotio
Regio
,
eò
quòd
Negotium
pendet
coram
summo
Pontifice
indecisum
.
Which
Doubt
the
President
remov'd
by
producing
the
Apostolick
Brief
,
that
gave
leave
cuilibet
Opiniones
suas
dicere
;
&
Dominus
Praesidens
instanter
rogavit
omnes
ut
diligenter
inquirerent
de
ista
quaestione
,
&
referrent
quid
sentirent
.
where
the
very
same
account
is
given
of
Stokesly
'
s
producing
a
License
from
the
Pope
,
but
no
hint
of
any
from
the
King
.
They
had
no
doubts
,
it
seems
,
about
the
Lawfulness
of
Treating
without
a
Royal
License
;
which
had
they
had
,
it
would
have
been
mention'd
here
together
with
the
Papal
Leave
:
and
we
may
fairly
therefore
presume
,
they
had
none
.
In
the
Convocation
begun
Iune
9.
1536.
the
first
in
which
Cromwel
sat
as
Vice-gerent
[
*
](A26154-e84620-b)
*
The
Bishop
of
Sarum
tells
us
,
that
Cromwell
came
hither
as
the
King's
Vicar-General
;
but
he
was
not
yet
Vicegerent
.
For
he
sate
next
the
Archbishop
;
but
when
he
had
that
Dignity
,
he
sat
above
him
.
Nor
do
I
find
him
styl'd
in
any
Writing
Vicegerent
,
for
sometime
after
this
,
though
my
Lord
Herbert
says
he
was
made
Vicegerent
the
18th
.
of
July
this
Year
,
the
same
day
on
which
the
Parliament
was
Dissolv'd
.
Vol.
1.
p.
213.
In
which
Paragraph
there
are
great
Marks
of
Haste
:
For
the
Acts
of
this
Convocation
expresly
call
Cromwell
Vicegerent
,
as
well
as
Vicar-General
,
and
shew
,
that
he
both
took
place
of
the
Archbishop
,
and
sign'd
before
him
;
as
he
does
in
two
Papers
that
passed
this
very
Convocation
,
and
which
together
with
the
Subscriptions
his
Lordship
has
given
us
.
Vol.
1.
Coll.
of
Rec.
p.
157.
p.
315.
The
Words
of
the
Acts
are
—
Magister
Willielmus
Petre
allegavit
,
quòd
ubi
haec
Synodus
convocata
●it
auctoritate
illustrissimi
Principis
▪
&
dictus
Princeps
Supremum
Locum
in
dictâ
Convocatione
tenere
debeat
,
ac
eo
absente
honorandus
Magister
Tho.
Cromwell
Vicarius
Generalis
ad
Causas
Ecclesiasticas
,
ejus
Vicemgerens
,
locum
ejus
occupare
debeat
;
ideò
petiit
pradictum
locum
sibi
assignari
.
Ac
ibidem
praesentavit
Literas
Commissionales
dicti
Domini
sui
,
sigillo
Principis
ad
Causas
Ecclesiasticas
sigillatas
.
Quibus
perlectis
Reverendissimus
assignavit
sibi
Locum
juxta
se
,
i.
e.
the
Place
next
above
himself
,
which
he
demanded
.
Nor
does
my
Lord
Herbert
say
,
that
Cromwell
was
made
Vicegerent
July
18th
.
this
Year
;
but
July
9th
.
(
see
Hist.
p.
466.
)
which
is
a
manifest
Misprint
for
June
9th
.
the
very
day
on
which
this
Convocat●on
was
open'd
,
and
on
which
,
I
suppose
,
his
Patent
bore
date
.
Indeed
,
I
question
,
whether
the
Powers
of
Vicar-General
,
and
Vicegerent
were
different
,
and
conveyed
,
as
my
Lord
of
Sarum
thinks
by
different
Patents
,
for
I
have
seen
no
Good
Ground
any where
for
such
a
Distinction
.
In
the
Collection
of
Records
at
the
End
of
the
second
Part
(
p.
303.
)
the
Bishop
has
given
us
what
he
calls
Cromwell
's
Commission
to
be
Lord
Vicegerent
in
all
Ecclesiastical
Causes
.
But
his
Lordship
had
not
time
to
peruse
it
;
for
upon
reading
it
,
he
would
have
found
,
that
it
was
only
the
Draught
of
a
Commission
to
certain
Persons
deputed
by
Cromwell
to
execute
the
Vicegerents
Power
in
several
parts
of
the
Kingdom
:
One
of
those
Subordinate
or
Subaltern
Commissions
,
which
had
respect
to
a
Superior
one
,
as
his
Lordship
upon
another
occasion
(
Vol.
2.
p.
347.
)
very
properly
distinguishes
.
,
we
are
told
,
Comparuit
Dominus
Prolocutor
unà
cum
Clero
,
&
exhibuit
Librum
sub
Protestatione
,
continentem
mala
Dogmata
per
Concionatores
intra
Prov.
Cant.
publicè
praedicata
.
This
List
is
Printed
by
Fuller
[
†
](A26154-e85070-b)
†
P.
208.
;
and
in
it
the
Clergy
,
by
way
of
Preface
to
their
Articles
,
Protest
,
That
they
neither
in
Word
,
Deed
,
or
otherwise
,
directly
,
or
indirectly
,
intend
any
thing
to
speak
,
attempt
,
or
do
,
which
in
any
manner
of
wise
may
be
displeasant
unto
the
King's
Highness
,
&c.
and
that
they
sincerely
addict
themselves
to
Almighty
God
,
his
Laws
,
and
unto
their
said
Soverign
Lord
the
King
,
their
Supreme
Head
in
Earth
,
and
his
Laws
,
Statutes
,
Provisions
,
and
Ordinances
,
made
here
within
his
Graces
Realms
.
Had
any
General
Commission
been
granted
them
,
there
had
been
no
need
of
this
Protestation
;
which
was
made
,
to
guard
against
the
Penaltys
of
the
Acts
25.
and
27.
H.
VIII
.
and
has
therefore
,
we
see
a
plain
reference
to
them
.
The
Convocation
in
which
Alesius
the
Scot
disputed
with
so
much
applause
,
sat
the
Year
after
this
,
Anno
1537
:
[
†
](A26154-e85170-b)
†
Ant.
Brit.
p.
331.
Fox
Vol.
2.
p.
504.
(
though
my
Lord
of
Sarum
[
†
](A26154-e85210-b)
†
Vol.
1.
p.
214.
,
I
find
,
out
of
a
laudable
Eagerness
to
record
the
Honors
done
to
his
Countrymen
,
has
plac'd
this
Dispute
a
Year
earlier
than
it
hapned
.
)
Cromwell
open'd
the
Meeting
with
a
Speech
,
where
he
tells
them
,
that
they
are
call'd
to
determin
certain
Controversys
in
Religion
,
which
at
this
time
be
moved
,
concerning
the
Christian
Religion
and
Faith
,
not
only
in
this
Realm
,
but
also
in
all
Nations
thorough
the
World
.
For
the
King
studieth
Night
and
Day
to
set
a
Quietness
in
the
Church
,
and
he
cannot
rest
till
all
such
Controversys
be
fully
debated
,
and
ended
through
the
Determination
of
You
,
and
of
his
Whole
Parliament
.
For
—
he
will
suffer
no
Common
Alteration
but
by
the
Consent
of
You
,
and
of
his
Whole
Parliament
.
And
he
desireth
You
for
Christ's
sake
,
that
All
Malice
,
Obstinacy
,
and
Carnal
Respect
set
apart
,
ye
will
friendly
and
lovingly
dispute
among
your selves
of
the
Controversys
mov'd
in
the
Church
,
&c.
These
Fox
tells
us
,
were
the
very
words
of
his
Speech
;
and
that
,
as
soon
as
it
was
ended
,
the
Bishops
rose
up
altogether
,
giving
thanks
unto
the
King's
Majesty
,
not
only
for
his
Great
Zeal
towards
the
Church
of
Christ
,
but
also
for
his
Godly
Exhortation
worthy
so
Christian
a
Prince
[
and
then
]
immediately
they
went
to
Disputation
.
We
may
observe
here
,
that
neither
Cromwell
in
his
Speech
to
the
Convocation
,
nor
the
Prelates
in
their
Answer
,
mention
any
Commission
to
Treat
,
though
it
had
been
a
Proper
Head
to
have
been
enlarg'd
on
,
in
both
Cases
;
and
could
not
well
have
escap'd
the
Clergy
,
when
returning
Thanks
to
the
King
for
his
Goodness
to
them
,
had
any
such
Commission
then
issu'd
.
But
that
it
did
not
,
and
that
the
Clergy
were
then
under
no
Apprehensions
that
their
liberty
of
Debating
on
what
Subjects
,
and
even
of
coming
to
what
Conclusions
they
pleas'd
,
was
abridg'd
by
the
late
Act
,
the
Preface
to
the
Institution
of
a
Christian
Man
(
a
Book
,
which
pass'd
this
Convocation
)
evidently
shews
.
I
have
transcrib'd
the
Passage
already
from
thence
[
†
](A26154-e85360-b)
†
See
P.
97.
,
and
shall
here
therefore
only
referr
the
Reader
to
it
.
No
,
the
Practise
then
,
and
long
afterwards
,
was
only
for
the
President
of
the
Synod
to
declare
to
'em
by
word
of
Mouth
[
*
](A26154-e85390-b)
*
Thus
in
the
Convocation
of
Jan.
1.
1557
The
Acts
say
,
that
Card.
Pool
Causas
hujus
Synodi
Verbo
tenùs
proposuit
.
And
so
divers
times
before
,
and
after
.
1541.
Ian.
20.
Reverendissimus
exposuit
iis
ex
parte
Regis
qùod
intentio
ejus
erat
,
qùod
ipsi
inter
se
deliberarent
de
Reformandis
Errotibus
—
&
conficerent
Leges
de
Simoniâ
vitandâ
,
&c.
1547.
1.
E.
VI.
Nov.
5.
Rev
mus
exposuit
i●s
fuisse
,
&c.
de
mandato
Regio
&
Procerum
qùod
Praelati
&
Clerus
inter
se
con●●lerent
de
ver●
Christi
Religione
probè
instituendâ
.
With
this
agrees
an
Old
Directory
of
Cranmer's
for
the
first
Day
of
the
Convocation
,
7
E.
VI.
May
1.
1552.
§.
6.
The
Clergy
of
the
Inferior
House
to
be
called
up
to
the
Chapitor
;
his
Grace
to
declare
the
Cause
of
this
Convocation
,
and
to
appoint
them
to
Elect
,
&c.
1555.
22.
Oct.
Episcopus
London
summariè
&
compendiosè
Causam
Synodi
vocatae
exposuit
.
Ian.
13.
1562.
Arch.
Cant.
brevem
quandem
Orationem
Eloquentiae
plenam
habuit
ad
Patres
&
Clerum
;
perquam
inter
alia
opportunitatem
reformandarum
rerum
in
Eccl.
Anglic.
jam
oblatam
esse
aperuit
,
ac
Propensos
animos
tam
illustrissimae
Dominae
Nostrae
Reginae
quàm
aliorum
Magnatum
hujus
regni
ad
hujusmodi
Reformationem
habendam
declaravit
.
I
have
laid
these
Instances
together
,
that
we
may
see
clearly
,
what
the
Custom
then
was
,
and
how
a
Message
from
the
King
by
the
President
supply'd
the
place
of
a
Commission
under
the
Broad
Seal
,
which
was
afterwards
practis'd
.
Heylin
and
Fuller
have
translated
some
of
these
Passages
in
their
Historys
,
but
so
loosly
,
as
to
accommodate
them
to
the
Current
Doctrine
and
Practise
of
their
time
,
when
a
License
to
Treat
was
held
necessary
.
Which
I
mention
,
to
warn
the
Reader
,
not
to
receive
their
Versions
as
Literal
:
For
it
is
plain
,
they
saw
no
other
Acts
of
Convocation
than
those
from
whence
these
Transcripts
were
taken
.
the
King's
Pleasure
,
for
what
Ends
he
had
call'd
them
together
,
and
what
Business
he
would
have
them
proceed
upon
.
And
this
Verbal
Intimation
was
all
the
Previous
Leave
that
was
either
ask'd
,
or
given
in
That
,
or
several
other
succeeding
Reigns
.
The
only
Instance
in
H.
the
VIII
's
time
that
seems
to
contradict
this
,
is
the
Divorce
of
Anne
of
Cleve
in
1540
,
mention'd
by
L.
M.
P.
[
*
](A26154-e85790-b)
*
P.
40.
which
he
says
,
the
Clergy
could
not
take
cognizance
of
,
till
the
King's
Commission
impower'd
them
to
debate
and
consider
it
.
And
in
their
Iudgment
therefore
they
recite
that
Commission
at
large
,
and
by
vertue
of
it
declare
,
&c.
They
do
so
;
and
there
were
Two
very
good
Reasons
for
it
,
arising
from
the
Matter
about
which
they
were
to
give
their
Judgment
,
and
from
the
Manner
also
in
which
they
were
to
handle
it
.
As
to
the
first
of
these
,
the
attempting
any
thing
by
Word
or
Deed
against
this
Marriage
of
the
King
with
Anne
of
Cleve
,
was
High-Treason
(
or
at
least●
Misprision
of
Treason
)
by
the
Laws
of
the
Realm
;
as
the
Clause
of
Pardon
in
the
Act
[
†
](A26154-e85860-b)
†
32.
H.
8.
c.
25.
for
dissolving
this
Marriage
evidently
shews
.
And
the
Clergy
therefore
had
reason
to
desire
a
Commission
from
the
Crown
,
to
screen
them
from
these
Penealtys
.
But
further
,
such
a
Commission
was
necessary
,
not
only
for
their
security
in
a
point
of
this
Importance
,
but
in
order
to
their
very
Assembling
.
For
(
which
has
not
been
hitherto
observ'd
)
this
Cause
was
adjudg'd
,
not
in
a
Convocation
properly
so
call'd
,
that
is
,
in
a
Provincial
Synod
;
but
in
a
National
Assembly
of
the
whole
Clergy
of
either
Province
:
the
King
issuing
out
his
Letters
Commissional
under
the
Great
Seal
(
as
the
Sentence
[
*
](A26154-e85940-b)
*
See
it
Bishop
Burnet
.
Vol.
1.
Col.
of
Rec.
p.
197.
speaks
)
to
the
Two
Archbishops
,
All
the
Bishops
,
Deans
,
Archdeacons
,
and
Clergy
of
England
,
and
commanding
them
in
Universalem
Synodum
convenire
,
to
debate
,
and
determin
this
matter
.
The
Lords
and
Commons
then
sitting
had
petition'd
the
King
to
referr
it
to
his
Clergy
,
with
a
design
of
grounding
an
Act
of
Parliament
on
Their
Determination
.
The
Business
requir'd
Haste
[
†
](A26154-e86000-b)
†
The
Commission
was
seal'd
the
6
th
.
of
July
,
the
Clergy
met
by
Vertue
of
it
the
7th
.
The
Cause
was
heard
,
Iudgment
given
,
and
Letters
Testimonial
of
that
Iudgment
drawn
up
,
and
sign'd
by
all
the
Clergy
on
the
9th
.
such
Dispatch
was
requir'd
of
them
.
On
the
10th
.
the
Archbishop
of
Cant.
reported
it
to
the
Lords
and
Commons
.
On
the
11th
.
the
King
let
the
Queen
,
then
at
Richmond
,
know
what
was
done
,
and
had
her
Consent
to
it
;
and
on
the
12th
.
a
Bill
was
brought
into
the
House
annulling
the
Marriage
,
which
(
says
my
Lord
of
Sarum
Vol.
1.
p.
282.
)
went
easily
through
both
Houses
.
,
for
the
Summer
was
now
far
come
on
,
and
the
Parliament
of
Necessity
soon
to
disperse
;
it
could
not
therefore
be
committed
separately
to
the
Convocations
of
either
Province
,
there
to
be
transacted
in
a
Regular
manner
:
But
all
the
Bishops
of
the
Province
of
York
being
present
in
Parliament
,
and
all
the
Clergy
of
that
of
Canterbury
being
ready
hard
by
in
their
Convocation
;
the
King
took
this
way
of
joyning
both
together
by
his
Commission
,
and
forming
One
National
Assembly
.
To
these
he
recommended
the
Discussion
of
his
Case
,
so
that
what
should
be
by
them
determin'd
,
id
demùm
(
says
he
)
Totius
Ecclesiae
nostrae
Autoritate
innixi
licitè
facere
&
exequi
audeamus
.
It
is
manifest
,
that
this
Commission
to
Treat
(
or
rather
to
Sit
[
†
](A26154-e86200-b)
†
The
Clergy
are
said
in
the
Instrument
,
to
be
Congregati
&
Convocati
virtute
Commissionis
,
&c.
but
there
is
no
formal
Mention
of
their
Treating
in
vertue
of
it
.
)
was
here
necessary
to
be
issu'd
out
,
for
such
Reasons
,
as
sufficiently
distinguish
both
this
Meeting
,
and
their
Business
from
those
we
are
discoursing
of
.
To
proceed
therefore
to
the
times
of
E.
VI.
In
his
first
Year
I
have
shewn
the
Custom
still
continu'd
for
the
President
to
declare
the
King's
good
Pleasure
to
the
Houses
,
Orally
,
without
producing
any
License
under
the
Broad
Seal
.
'T
is
true
,
there
is
the
Draught
of
a
Petition
of
this
Year
preserv'd
,
which
seems
at
first
sight
to
imply
the
contrary
;
and
shall
be
fully
consider'd
under
a
separate
Head
:
All
I
shall
here
say
to
it
is
,
that
should
the
Sense
of
the
Inferior
Clergy
be
justly
express'd
in
this
Petition
,
at
the
opening
of
this
Convocation
,
yet
't
is
certain
they
continu'd
not
long
of
this
Opinion
;
but
were
soon
satisfy'd
,
either
from
the
Answer
made
to
them
by
the
Bishops
,
or
some
other
way
,
that
their
Fears
of
incurring
a
Premunire
,
if
they
treated
without
a
Commission
,
were
vain
and
groundless
;
because
we
are
as
sure
as
we
can
be
of
a
Negative
of
this
nature
at
this
distance
,
that
in
all
the
Convocations
for
many
Years
after
this
they
treated
without
one
.
In
the
6
th
.
of
the
same
Prince
(
1552
)
that
Convocation
met
in
which
the
first
42
Articles
pass'd
,
whose
Title
is
,
Articuli
de
quibus
in
Synodo
Londinensi
Anno
Dom.
1552
▪
ad
tollendam
Opinionum
dissensionem
&
consensum
Verae
Religionis
firmandum
,
inter
Episcopos
&
alios
Eruditos
Viros
convenerat
.
Regià
Authoritate
in
Lucem
Editi
.
And
here
again
the
Omission
of
a
License
in
form
ought
to
satisfy
us
,
that
there
was
no
such
thing
,
because
where
we
know
it
was
granted
,
as
in
1603.
and
1640.
there
the
Titles
of
the
Canons
then
fram'd
carry
an
Express
mention
of
it
.
1
o.
Mariae
,
The
Prolocutor
certify'd
the
[
Lower
]
House
[
upon
their
first
Meeting
]
that
it
was
the
Queens
Pleasure
that
the
Company
of
the
same
House
being
Learned
Men
[
*
](A26154-e86360-b)
*
This
explains
the
Eruditi
Viri
in
the
Title
of
the
Canons
of
1552.
And
is
another
Instance
of
the
Convocational
Vse
of
that
Phrase
,
to
be
added
to
those
I
have
given
.
p.
Assembled
,
should
debate
of
matters
of
Religion
,
and
constitute
Laws
thereof
,
which
her
Grace
and
the
Parliament
would
ratify
.
[
†
](A26154-e86410-b)
†
Philpot
's
account
in
Fox
Vol.
3.
p.
19.
And
the
same
Intimation
was
given
,
I
suppose
,
by
Bonner
,
the
President
of
the
Upper
House
,
to
the
Bishops
;
or
rather
to
both
the
Houses
joyntly
,
and
his
Speech
reported
afterwards
by
the
Prolocutor
to
the
Lower
Clergy
;
as
the
Custom
is
for
the
Speaker
to
do
in
Parliament
.
The
Business
committed
to
this
Convocation
was
very
extensive
we
see
;
and
yet
no
other
License
,
but
what
was
Verbal
,
either
given
,
or
requir'd
;
tho'
the
25.
H.
VIII
.
stood
in
full
force
,
both
then
and
the
Year
afterwards
.
When
another
Convocation
met
,
Nov.
13.
1554.
They
too
debated
and
acted
,
though
Unlicens'd
[
†
](A26154-e86480-b)
†
As
far
as
the
Silence
of
the
Acts
in
this
case
(
good
part
of
which
I
have
seen
)
are
an
Evidence
of
it
.
;
and
among
other
things
sollicited
for
a
Repeal
of
this
Statute
.
Twenty
Eight
Articles
of
Reformation
the
Lower
House
preferr'd
;
and
in
the
Preface
to
those
Articles
assert
the
Power
by
which
they
did
it
,
Accounting
our selves
(
say
they
)
to
be
called
hither
—
to
treat
with
Your
Lordships
as
well
concerning
the
restitution
of
this
Noble
Church
of
England
to
the
Pristin
State
and
Unity
of
Christ's
Church
,
as
of
other
things
touching
the
State
and
Quietness
of
the
same
Church
in
Doctrine
and
in
Manners
;
we
have
for
the
furtherance
of
your
Godly
Doings
therein
devis'd
these
Articles
following
[
†
](A26154-e86550-b)
†
Bishop
Burnet
2.
Vol.
Col.
of
Rec.
p.
207
.
The
next
Convocation
Dr.
IV.
[
*
](A26154-e86600-b)
*
Appeal
p.
30.
assure
us
out
of
the
late
Life
of
Cranmer
,
was
assembled
by
Cardinal
Pole
in
vertue
of
a
License
from
the
Queen
,
whereby
he
was
impower'd
also
to
make
Canons
.
But
this
is
according
to
his
usual
Exactness
in
these
Matters
.
The
Convocation
in
1555.
met
Oct.
22.
[
†
](A26154-e86650-b)
†
Act.
MSS
;
the
Cardinal's
License
to
hold
a
Synod
bears
date
Nov.
2.
(
[
⸪
](A26154-e86680-b)
⸪
Anth.
Harmar
.
p.
142.
)
that
Year
;
and
that
Convocation
therefore
could
not
possibly
be
assembled
by
him
in
vertue
of
this
License
.
Besides
,
he
was
not
consecrated
till
the
Day
after
Granmer's
Death
(
22.
March
.
155●
[
‖
](A26154-e86720-b)
‖
Hist.
of
Ref.
Vol.
2.
p.
340.
)
and
could
not
therefore
,
as
Archbishop
,
till
then
▪
summon
a
Convocation
of
the
Province
.
The
true
account
of
this
matter
is
,
that
the
Parliament
meeting
this
Year
,
Oct.
21.
[
†
](A26154-e86760-b)
†
D●dg
.
Sum.
p.
517.
,
the
Convocation
also
,
in
course
,
met
the
day
after
it
at
Pauls
;
being
conven'd
by
the
Dean
and
Chapter
of
Cant.
[
‖
](A26154-e86800-b)
‖
Heylin
Hist.
Q.
Mary
,
p.
223.
as
was
usual
in
the
Vacancy
.
The
Cardinal
,
though
in
England
,
did
not
appear
at
it
,
but
Bonner
,
by
Commission
from
the
Chapter
presided
.
There
they
sat
and
did
business
till
Oct.
30.
[
*
](A26154-e86860-b)
*
Act.
MSS
when
I
find
them
coming
to
a
Conclusion
,
and
offering
their
Subsidys
,
and
Complaints
to
the
Queen
.
The
second
of
the
next
Month
,
Anth.
Harmar
p.
141
the
Cardinal
had
his
License
under
the
Broad
Seal
,
to
hold
his
Synod
Legatin
of
both
Provinces
,
and
upon
it
issu'd
out
his
Mandate
to
Bonner
,
Nov.
the
8
th
.
for
the
Prov.
of
Cant.
to
meet
those
of
York
,
on
the
second
of
Decem.
following
.
Accordingly
both
Provinces
met
in
the
King's
Chappel
at
White-Hall
[
†
](A26154-e86990-b)
†
Act.
MSS.
Memorandum
〈◊〉
post
incaeptam
Convocationem
in
Ecclesiâ
Divi
Pauli
,
&c.
Loco
Capitulari
ibidem
,
posteà
[
Episcopi
]
unà
cum
Inferiori
Clero
Prov.
Eb●r
comparuerunt
in
Synodo
Reverendissimi
in
Christo
Patris
Domini
Reginaldi
,
&c.
inchoatâ
in
Sacello
Regio
apud
Whitehall
prope
Westminster
.
W.
Saye
.
;
and
from
thence
adjourn'd
back
again
to
Pauls
,
and
afterwards
to
Lambeth
;
and
continu'd
sitting
there
till
Feb.
11
th
.
which
was
two
Months
after
the
Parliament
was
dissolv'd
[
†
](A26154-e87100-b)
†
Parl.
dissolv'd
Dec.
9.
Journal
.
.
Nor
was
the
Synod
even
then
dissolv'd
;
but
prorogu'd
only
to
the
10
th
.
of
October
.
All
our
Writers
(
my
Lord
of
Sarum
not
excepted
)
have
confounded
Two
things
here
,
that
are
very
distinct
,
the
Convocation
of
this
Year
,
and
the
Legatin
Synod
:
For
the
Former
of
these
no
License
was
granted
,
or
necessary
;
but
it
issu'd
purely
in
relation
to
the
Latter
;
wherein
the
Clergy
of
both
Provinces
were
to
meet
N●tionally
,
by
a
Legatine
Authority
.
For
the
Exercise
of
this
Authority
the
Cardinal
had
before
hand
been
impower'd
by
Letters
Patents
of
Decem.
10.
1554.
But
this
License
being
too
General
,
and
expressing
matters
of
Iurisdiction
and
Dispensation
only
;
it
was
thought
fit
to
add
another
,
for
the
more
ample
Declaration
of
those
Letters
Patents
(
as
the
Words
of
it
are
)
;
and
therein
to
specify
the
Power
of
holding
Synods
,
and
framing
Constitutions
Legatine
,
and
to
indemnify
the
Clergy
particularly
for
meeting
and
acting
under
that
Authority
.
This
(
says
the
Bishop
)
was
thought
safe
on
both
sides
,
both
for
Preserving
the
Rights
of
the
Crown
,
and
securing
the
Clergy
from
being
afterwards
brought
within
the
Statute
of
Premunire
,
as
they
had
been
upon
their
acknowledging
Cardinal
Wolsey's
Legatine
Authority
[
†
](A26154-e87270-b)
†
Vol.
2.
p.
324.
:
For
the
Old
Laws
against
Provisions
,
which
brought
the
Clergy
then
under
a
Premunire
,
were
still
in
force
.
This
was
the
Reason
of
the
second
License
,
which
could
have
no
manner
of
regard
to
the
25
H.
VIII
.
for
that
Act
was
Then
repeal'd
.
I
shall
give
the
Reader
in
the
Appendix
[
†
](A26154-e87320-b)
†
Nu
XVI
.
this
License
at
large
,
as
it
is
found
in
Pole's
Register
[
*
](A26154-e87340-b)
*
Fol.
7.
;
where
(
and
it
seems
,
in
the
Patent
Rolls
[
†
](A26154-e87360-b)
†
Rot.
Pat.
1.
part
310.
Reg.
says
Hist.
Ref.
ibid.
also
)
it
is
still
preserv'd
.
The
Observation
naturally
arising
from
hence
is
,
That
if
any
other
License
of
this
Nature
had
from
the
Time
of
these
Legatin
Synods
down
to
that
of
Iames
the
I.
been
granted
,
it
would
also
either
in
the
Rolls
,
or
Registers
be
found
:
But
none
such
(
that
I
can
hear
of
)
appearing
there
,
we
have
all
the
Reason
in
the
World
to
conclude
,
that
none
issu'd
.
In
which
Opinion
we
shall
be
further
confirm'd
if
we
take
a
view
of
the
Convocations
in
Q.
Elizabeths
Reign
.
The
first
,
met
Ian.
24.
1558
/
9.
and
were
so
far
from
being
Commission'd
to
Treat
,
that
they
had
not
so
much
as
any
General
Directions
from
the
President
to
proceed
upon
Business
[
†
](A26154-e87470-b)
†
See
Fuller
C.
H.
p.
54.
Act.
MSS.
:
for
when
he
enquir'd
,
an
Clerus
Inferioris
Domùs
aliquid
excogitavit
qùod
voluerunt
exponere
illo
die
,
the
Prolocutor
,
and
the
Rest
made
answer
,
se
nescire
ob
quam
causam
,
&
quibus
de
rebus
tracta
turi
sunt
.
I
mention
this
particular
,
to
shew
,
that
it
was
Customary
for
the
Convocation
to
be
directed
to
the
subject
of
their
Debates
by
the
Crown
,
even
when
the
25
H.
VIII
.
lay
under
a
Repeal
(
as
it
now
did
)
:
and
such
Directions
therefore
given
at
other
Times
,
when
the
Statute
was
in
force
,
must
not
be
supposed
to
spring
from
this
Act
so
much
as
from
the
King
's
known
Prerogative
,
by
which
he
ever
propos'd
both
to
Parliaments
and
Convocations
,
at
their
first
opening
,
the
Reasons
which
He
,
on
his
Part
[
*
](A26154-e87590-b)
*
Super
praemissis
,
&
aliis
quae
ibidem
ex
parte
nostrâ
clariùs
exponentur
,
are
the
Words
of
every
Convocation-Writ
.
,
had
to
assemble
them
.
But
this
only
by
the
bye
.
—
The
Protestant
Convocations
held
after
this
Statute
was
reviv'd
,
are
a
plain
proof
of
the
Truth
of
that
Exposition
I
have
given
of
it
.
For
in
a
Directory
of
Archbishop
Cranmer's
,
prescribing
the
Method
of
opening
them
,
though
every
step
that
is
at
such
times
to
be
taken
be
minutely
set
down
,
and
the
summ
of
whatever
the
Archbishop
,
or
any
other
,
is
on
that
occasion
to
do
,
or
say
,
be
distinctly
mention'd
;
yet
of
his
producing
a
Commission
to
Treat
,
not
a
word
is
said
:
as
't
is
natural
to
think
there
would
have
been
,
had
such
a
Commission
been
practis'd
.
I
shall
give
the
Reader
a
Copy
of
this
Directory
among
the
other
Papers
[
†
](A26154-e87660-b)
†
See
Append
.
N.
XVII
.
,
because
,
if
the
Discontinuance
of
Convocations
prevails
,
such
Lights
as
these
may
in
some
time
be
necessary
.
We
are
hastning
on
,
I
find
,
into
so
Thorough
an
Ignorance
of
these
matters
,
that
it
may
,
for
ought
I
know
,
within
a
while
,
be
urg'd
as
a
Reason
for
not
holding
a
Convocation
,
that
we
do
not
understand
the
Manner
of
holding
it
.
I
am
sure
this
is
as
good
a
Reason
as
any
that
has
been
yet
given
for
it
.
I
call
this
Paper
Archbishop
Parker's
,
because
by
the
Company
I
find
it
in
,
I
have
reason
to
conclude
it
so
to
be
.
However
,
it
was
certainly
drawn
up
,
since
the
Reformation
,
either
in
King
Edwards
,
or
in
the
beginning
of
Q.
Elizabeth's
Reign
;
for
there
is
no
mention
in
it
of
the
Mass
,
or
of
Abbats
,
and
Priors
:
and
it
is
of
use
therefore
to
prove
the
Practise
of
those
Protestant
Conocations
which
we
are
enquiring
after
.
But
this
is
only
a
General
Proof
.
More
Particular
and
Express
to
our
Purpose
is
the
Synod
of
1562.
where
Matters
of
Great
Moment
were
transacted
,
the
Articles
of
the
Church
,
and
the
Catechism
review'd
;
and
several
Canons
relating
to
Discipline
fram'd
,
though
some
of
these
were
not
at
that
time
publish'd
.
And
the
Debates
on
these
occasions
were
all
enter'd
upon
,
and
manag'd
without
any
Commission
from
the
Queen
;
as
is
manifest
beyond
a
Doubt
,
from
the
Acts
of
that
Synod
,
of
which
I
have
seen
an
Exact
and
Entire
Copy
,
written
in
an
Hand
of
the
Time
,
and
taken
from
the
Registers
of
that
Convocation
,
soon
after
it
sa●
.
These
Acts
are
very
Particular
and
Minute
in
giving
an
account
of
the
Proceedings
of
every
Day
,
and
do
orderly
specify
all
the
Publick
Instrustruments
that
any
way
concern
the
Synod
:
But
as
to
a
Commission
to
Treat
,
they
are
perfectly
silent
.
The
Reader
,
who
has
any
Curiosity
this
way
,
will
not
be
displeas'd
,
I
suppose
,
if
I
produce
some
Passages
from
thence
,
that
shew
plainly
how
they
were
employ'd
.
Ian.
16.
The
Archbishop
himself
said
Prayers
,
reading
the
Litany
,
cum
Collectis
assuetis
,
ac
Oratione
[
in
]
Synodo
Provinciali
dicenda
noviter
,
ut
adparuit
,
editâ
.
Which
new
Collect
I
take
to
be
that
in
the
Convocation
Office
,
which
begins
,
Domine
Deus
,
Pater
Luminum
,
&c.
and
in
it
they
beseech
God
,
ut
Gratiâ
Tuâ
caelitùs
adjuti
ea
omnia
investigare
,
meditari
,
tractare
,
&
discernere
valeamus
quae
Honorem
Tuum
,
&
Gloriam
promoveant
,
&
in
Ecclesiae
cedant
profectum
.
I
can
scarce
believe
that
they
would
have
chosen
to
address
themselves
to
God
in
such
a
Form
of
Words
as
this
,
had
they
thought
that
they
were
under
an
utter
Incapacity
of
entring
on
any
particular
Debate
whatever
,
without
being
Qualify'd
by
a
Broad
Seal
for
it
.
It
follows
,
Tùnc
dimisso
Clero
Inferioris
Domûs
Reverendissimus
rogavit
Patres
,
quòd
unusquisque
eorum
intra
proximam
Sessionem
Excogitate
velit
ea
quae
in
eorum
specialibus
Diaeces
.
reformatione
indigeant
,
ac
in
proximâ
Sessione
proponere
dignaretur
.
Jan.
19.
Habitâ
inter
dictum
Reverendiss
.
Patrem
ac
caeteros
Episcopos
—
communicatione
sive
deliberatione
de
quibusdam
Articulis
ad
Christianam
fidem
facientibus
,
tandem
dictùs
Reverendissimus
accersiri
jussit
ad
se
Prolocutorem
Domûs
Inferioris
.
Qui
quidem
Prol.
unà
cum
Sex
aliis
de
Clero
dictae
Domûs
Inferioris
coram
Patribus
sui
Copiam
faciens
proposuit
&
asseruit
,
quòd
quidam
de
dictà
Domo
exhibuerant
quasdam
diversas
Schedas
de
rebus
reformandis
per
eos
respectivè
Excogitatas
&
in
Scripta
redactas
.
Quae
quidem
schedae
de
communi
consensu
traditae
sunt
quibusdam
Viris
gravioribus
&
doctioribus
de
caetu
dictae
Domûs
Inferioris
ad
hoc
electis
perspiciendae
&
considerandae
.
Quibus
sic
electis
(
ut
asseruit
)
assignatum
est
,
ut
hujusmodi
Schedas
in
Capitula
redigant
,
ac
in
proximâ
Sessione
exhibeant
coràm
ipso
Prolocutore
▪
Et
ulteriùs
proposuit
,
quòd
Articuli
in
Synodo
Londinensi
tempore
nuper
Regis
Edvardi
Sexti
(
ut
asseruit
)
Editi
[
†
](A26154-e87940-b)
†
This
is
a
sufficient
Proof
that
the
Articles
of
1552.
passed
the
Synod
of
that
Year
in
form
;
however
my
Lord
of
Sarum
,
in
his
late
Exposition
,
came
to
say
the
contrary
.
See
Introd.
p.
5.
where
his
Lordship
thinks
it
probable
that
they
were
prepar'd
by
Cranmer
and
Ridley
,
and
publish'd
[
without
any
Synodal
Consent
]
by
the
Regal
Authority
.
What
were
the
Reasons
inducing
his
Lordship
to
think
this
probable
,
I
presume
not
to
guess
:
The
only
Reason
he
has
pleas'd
to
give
,
is
,
That
the
Major
part
of
the
Synod
could
not
have
agreed
to
'em
without
a
Miracle
.
However
,
since
the
Acts
of
another
Synod
Ten
Years
afterwards
,
assure
us
,
that
such
a
Miracle
was
done
;
we
have
reason
,
I
think
,
to
take
Their
Word
before
my
Lord
of
Sarum
's
Conjecture
.
,
traditi
sint
quibusdam
aliis
Viris
ex
Caetu
dictae
Domûs
Inferioris
,
ad
hoc
etiam
electis
,
ut
eos
diligenter
perspiciant
,
examinent
,
&
considerent
,
ac
proüt
eïs
visum
fuerit
,
corrigant
&
reforment
;
ac
in
proximâ
Sessione
etiam
exhibeant
.
Et
tunc
Rev
mus
hujusmodi
Negotia
per
dictum
Proloc
.
&
Clerum
incaepta
approbavit
,
ac
in
iisdem
juxta
eorum
determinationem
procedere
voluit
,
&
mandavit
.
Jan.
20.
Episcopi
—
de
&
super
quibusd●m
Articulis
sacrosanctam
Christi
Religionem
concernentibus
—
per
spatium
trium
horarum
aut
circiter
inter
se
tractarunt
.
Jan.
29.
Post
Tractatum
aliquem
inter
Episcopos
habitum
,
tandem
super
quibusdam
Articulis
Orthodoxae
fidei
inter
Episcopos
quorum
nomina
eïs
subscribuntur
,
convenit
.
Deinde
Electi
fuerunt
Reverendi
Patres
Domini
Edmund
Londin
,
&c.
ad
Excogitanda
quaedam
Capitula
de
Disciplinâ
in
Ecclesiâ
habendâ
.
Feb.
5.
Reverendi
Patres
Domini
.
Joh.
Sarum
,
&c.
assignati
fuerunt
ad
examinandum
Librum
dictum
the
Catechism
.
Mart.
1.
Comparuit
coràm
eïs
Prolocutor
—
&
allegavit
qùod
Caetus
dictae
Domûs
Inferioris
excogitavit
quaedam
Capitula
Additionalia
ad
librum
de
Disciplinâ
coràm
patribus
ultimà
Sessione
porrectum
.
Quae
quidem
Capitula
dicto
Libro
(
ut
asseruit
)
addi
cupit
.
Unde
dictus
Rev
mus
tradidit
eidem
dicto
Prolocutori
Librum
praedictum
,
mandando
quod
additis
hujusmodi
Capitulis
sic
Excogitatis
ipsum
Librum
cum
Additionalibus
praedictis
denuò
exhibeant
coràm
codem
Rev
mo
Mart.
3.
Dominus
Proloculor
,
&c.
Nomine
totius
Caetûs
praesentarunt
eisdem
Patribus
quendam
Librum
nuncupatum
Catechismus
Puerorum
;
cui
(
ut
asseruerunt
)
omnes
de
Caetu
ejusdem
Domûs
unanimiter
consenserunt
.
Mart.
5.
Dom.
Proloc
.
&c.
comparuerunt
,
&
exhibuerunt
,
&c.
Librum
de
Disciplinâ
unà
cum
quibusdam
Capitulis
Additionalibus
ad
eundem
,
viz.
de
Adulterio
,
&c.
The
Reader
sees
that
the
Business
here
gone
upon
was
as
great
and
weighty
as
perhaps
ever
employ'd
any
English
Synod
:
The
Doctrine
of
the
Church
was
here
setled
in
the
Articles
,
and
the
Catechism
,
and
new
Rules
of
Discipline
form'd
;
and
all
this
was
done
without
any
Previous
License
,
except
what
was
contain'd
in
that
General
Message
deliver'd
by
the
Archbishop
in
his
Speech
which
I
have
already
mention'd
.
It
is
further
observable
,
that
the
Review
of
the
Articles
took
its
Rise
from
the
Lower
House
;
that
the
matter
of
the
New
Canons
was
There
first
suggested
and
drawn
into
Form
;
and
that
every
thing
almost
that
was
done
,
came
Originally
from
Them
to
the
Upper
House
,
and
not
from
the
Archbishop
to
Them
:
and
was
not
the
Effect
therefore
of
any
Royal
Command
,
or
Intimation
,
but
a
Free
Act
of
the
Body
.
The
Articles
set
out
by
this
Synod
bear
this
Title
—
Articuli
de
quibus
convenit
inter
Archiepiscopos
&
Episcopos
utriusque
Provinciae
,
&
Clerum
Universum
in
Synodo
Londini
Ann.
1562.
Editi
Authoritate
Serenissimae
Reginae
.
The
Ratification
of
them
afterwards
in
1571.
(
when
they
were
again
with
this
Ratification
Printed
)
runs
thus
—
Hic
Liber
antedictorum
Articulorum
jam
denuò
approbatus
est
per
Assensum
&
Consensum
serenissimae
Reginae
Elizabethae
Dominae
Nostrae
retinendus
,
&
per
totum
regnum
Angliae
exequendus
.
Qui
Articuli
&
lecti
sunt
,
&
denuò
confirmati
subscriptione
D.
Archiepiscopi
&
Episcoporum
Superioris
Domûs
,
&
totius
Cleri
inferioris
Domûs
[
‖
](A26154-e88540-b)
‖
My
Lord
of
Sarum
(
Exposition
p.
16.
)
doubts
whether
the
Articles
in
1571.
pass'd
the
Lower
House
,
at
least
,
whether
they
were
Subscrib'd
by
the
Members
of
it
.
But
these
Words
in
the
Ratification
of
them
(
Printed
by
his
Lordship
,
p.
XVI
.
though
at
present
,
I
suppose
,
out
of
his
mind
)
leave
no
Room
or
Colour
for
such
a
Doubt
.
His
Lordship
was
betray'd
into
it
,
it
seems
,
&c.
by
the
Be●net
Colledge
Manuscript
,
where
the
Subscriptions
of
the
Bishops
only
appear
.
But
it
might
have
been
presum'd
that
the
Bishops
did
in
this
Instance
sign
One
Copy
by
themselves
;
and
the
Clergy
of
the
Lower
House
another
,
which
has
since
perish'd
.
in
Convocatione
A.
D.
1571
[
*
](A26154-e88660-b)
*
Sparrow
p.
222.
.
In
neither
of
these
is
there
any
hint
of
a
License
under
the
Broad-Seal
;
although
it
be
expresly
mention'd
afterwards
,
where
we
know
it
was
employ'd
.
The
Speech
wherewith
Archbishop
Parker
open'd
a
Convocation
in
1572.
I
have
seen
and
perus'd
;
and
there
is
no
Expression
in
it
from
whence
we
can
suspect
,
that
that
Meeting
was
to
Treat
by
Commission
from
her
Majesty
.
In
the
Synod
of
1584
the
Style
of
the
Articuli
pro
Clero
then
agreed
upon
is
,
Articuli
per
Archiepiscopum
,
Episcopos
,
&
reliquum
Clerum
Cant.
Prov.
in
Synodo
,
&c.
Stabiliti
,
&
Regi●
Authoritate
approbati
&
confirmati
[
†
](A26154-e88740-b)
†
Sparrow
p.
191.
.
The
Canons
made
in
the
Convocation
of
1597.
bear
this
Title
—
Capitula
,
sive
Constitutiones
Ecclesiasticae
,
per
Archiepiscopum
,
Episcopos
,
&
reliquum
Clerum
Cant.
Provinciae
in
Synodo
,
&c.
congregatos
tractatae
,
ac
posteà
per
ipsam
Regiam
Majestatem
approbatae
,
&
confirmatae
;
&
utrique
Provinciae
tam
Cant.
quam
Ebor.
ut
diligentiùs
observentur
eàdem
Regiâ
Authoritate
sub
Magno
Sigillo
Angliae
promulgatae
[
†
](A26154-e88800-b)
†
Sparrow
p.
243.
.
L.
M.
P.
has
been
guilty
of
a
piece
of
slight
of
hand
in
producing
this
Title
:
for
he
has
remov'd
the
Comma
,
which
should
be
after
the
word
Tractatae
,
backward
to
Provinciae
,
(
omitting
the
Words
between
those
Two
)
that
so
tractatae
may
seem
to
belong
to
the
Sentence
which
follows
it
,
and
the
Reader
be
by
that
means
led
into
a
belief
that
the
Original
Treating
it self
was
as
much
from
Royal
Condescension
and
Grace
,
as
the
Passing
,
and
Promulging
afterwards
.
I
need
not
say
,
how
absurd
this
is
,
and
how
contrary
to
the
Rules
of
common
Construction
,
and
common
Sense
.
It
is
true
(
and
Truth
being
the
only
thing
I
seek
,
I
shall
not
conceal
it
)
that
in
the
Manuscript
Collections
of
a
Learned
Man
,
who
liv'd
before
the
Convocation-Registers
were
burnt
,
I
have
seen
a
Memor.
in
these
following
Terms
.
—
Lib.
Convocat.
ab
anno
1584.
usque
,
&c.
1597.
Fol.
195.
The
Queens
Letters
Patents
to
confirm
the
Canons
,
a
Recital
of
the
Writ
,
of
their
Desire
,
the
Canons
Confirmation
,
and
a
Command
to
have
them
observ'd
in
both
Provinces
.
Which
shews
indeed
,
that
the
Synod
in
1597
desir'd
,
and
had
leave
for
the
Canons
they
pass'd
,
and
implys
further
,
that
both
their
Request
,
and
the
Answer
to
it
were
very
probably
in
writing
;
since
it
could
not
else
have
been
recited
in
the
Ratification
of
them
.
But
what
this
Leave
was
ask'd
,
and
given
for
;
whether
only
for
the
passing
these
Canons
,
or
even
for
the
Previous
Treating
about
them
,
appears
not
from
this
Memorandum
;
and
must
otherwise
therefore
be
determin'd
.
Our
Publick
Records
will
not
ease
us
of
this
Doubt
;
among
which
(
I
am
told
)
this
Instrument
is
not
now
to
be
found
:
and
the
only
way
therefore
we
have
left
of
clearing
it
,
is
,
by
a
Recourse
to
the
Title
of
the
Canons
;
which
,
if
it
may
be
depended
on
,
evidently
shews
,
that
their
Desire
was
for
Leave
,
not
to
Treat
,
but
to
Enact
only
.
And
how
Authentick
and
Significant
the
Titles
of
Canons
are
to
this
purpose
,
our
Adversarys
in
the
next
Instance
will
tell
us
:
for
they
produce
[
†
](A26154-e89120-b)
†
Appeal
p.
24.
L.
M.
P.
p.
37.
the
Title
of
those
in
1603.
as
a
manifest
Proof
,
that
that
Synod
had
a
Commission
to
treat
.
We
allow
it
had
;
and
it
is
the
first
Synod
that
ever
had
one
from
the
25
H.
VIII
.
down
to
that
time
.
L.
M.
P.
indeed
has
found
out
one
somewhat
Elder
:
for
he
tells
us
,
that
a
Proclamation
on
came
out
5.
March
1.
Iac.
1.
for
the
Authorizing
of
the
Book
of
Common
Prayer
,
&c.
which
recites
that
the
King
had
issu'd
out
a
Commission
to
the
Archbishop
and
others
,
according
to
the
Form
which
the
Laws
of
the
Realm
in
the
like
Case
prescribe
to
be
us'd
,
to
make
an
Explanation
of
the
Common
Prayer
,
&c.
So
that
in
those
days
(
says
he
)
this
Independent
Freedom
of
Debate
was
not
esteemed
amongst
the
Libertys
of
the
Church
[
†
](A26154-e89250-b)
†
P.
41.
.
But
had
that
Writer
seen
the
Commission
it self
,
and
not
guess'd
at
the
Contents
of
it
from
a
Recital
in
a
Proclamation
,
he
would
have
known
,
that
it
was
directed
,
not
to
the
Clergy
in
Convocation
,
(
for
they
met
not
,
till
some
Months
after
the
Date
of
it
)
but
to
the
High
Commissioners
in
Causes
Ecclesiastical
;
authorizing
the
Alterations
they
had
made
in
the
Common-Prayer-Book
,
by
vertue
of
a
Proviso
in
the
Act
of
Uniformity
1
●
.
Eliz.
How
is
this
to
his
purpose
?
or
what
possible
use
can
he
make
of
it
?
It
is
indeed
to
my
purpose
,
to
observe
from
hence
,
how
high
the
Prerogative
then
ran
,
and
what
Unreasonable
Powers
were
claim'd
by
it
.
The
Book
of
Common-Prayer
was
establisht
by
an
Act
of
the
1st
.
of
the
Queen
,
in
which
it
was
provided
,
that
if
there
should
happen
any
Contempt
,
or
Irreverence
to
be
used
in
the
Ceremonys
or
Rites
of
the
Church
by
the
misusing
of
the
Orders
appointed
in
that
Book
,
the
Queens
Majesty
might
by
the
Advice
of
her
Commissioners
,
or
of
the
Metropolitan
,
ordain
and
publish
such
further
Ceremonys
or
Rites
,
as
might
be
most
for
the
advancement
of
God's
Glory
,
the
Edifying
of
his
Church
,
and
the
due
Reverence
of
Christ's
Holy
Mysteries
and
Sacraments
[
*
](A26154-e89400-b)
*
Cap.
2.
.
In
vertue
of
this
Proviso
,
King
Iames
in
his
first
Year
gives
Directions
to
the
Archbishop
,
and
the
rest
of
the
High-Commissioners
,
to
review
the
Common-Prayer-Book
;
and
they
accordingly
made
several
Material
Alterations
and
Enlargements
of
it
,
in
the
Office
of
Private
Baptism
,
and
in
several
other
Rubricks
and
Passages
;
added
five
or
six
new
Prayers
,
and
Thanksgivings
,
and
all
that
part
of
the
Catechism
,
which
contains
the
Doctrine
of
the
Sacraments
.
Which
last
Additions
would
not
,
I
conceive
,
have
been
in
the
least
warranted
by
that
Proviso
,
had
the
Powers
there
specify'd
extended
to
the
Queens
H●irs
and
Successors
:
but
as
they
were
lodg'd
peresonally
in
the
Queen
,
there
could
,
I
presume
,
be
no
Colour
for
K.
Iames's
exercising
them
in
vertue
of
it
.
The
Drawer
up
of
the
Commission
was
aware
of
this
,
and
supplys
therefore
what
was
wanting
in
this
Provisional
Clause
,
by
some
General
Words
,
and
by
a
Recourse
to
that
Inexhaustible
source
of
Power
,
the
King
's
supreme
Authority
and
Prerogative
Royall
;
which
,
it
seems
,
was
at
that
time
conceiv'd
to
extend
so
far
,
as
to
enable
the
Crown
to
make
Alterations
of
Great
Importance
in
a
Book
establish'd
by
Act
of
Parliament
,
to
authorize
the
Book
thus
alter'd
,
and
to
forbid
the
Use
of
the
Other
.
I
question
whether
such
a
Proceeding
would
now
be
thought
Legal
;
but
then
it
went
down
quietly
:
and
in
vertue
of
it
,
the
Common
Prayer-Book
so
alter'd
,
stood
in
force
from
the
1st
.
of
K.
Iames
till
the
14
C.
II.
when
,
upon
a
new
Review
,
it
was
again
confirm'd
by
Parliament
.
I
shall
place
this
Commission
in
the
Appendix
[
†
](A26154-e89560-b)
†
N.
XVIII
,
that
the
Reader
may
have
an
Instance
,
what
the
Doctrine
of
that
time
was
concerning
the
Extent
of
the
Prerogative
in
Church
Matters
,
and
from
thence
cease
to
wonder
that
a
Formal
Commission
to
treat
,
&c.
should
be
first
granted
to
the
Convocation
a
few
Months
afterwards
.
I
say
first
granted
;
for
there
is
no
Suspicion
of
any
preceding
License
of
this
kind
,
but
in
1597.
only
:
and
that
rises
no
higher
than
a
Suspicion
;
there
being
stronger
Probabilitys
against
it
,
than
for
it
.
And
thus
,
I
hope
,
I
have
effectually
remov'd
Dr.
W's
Argument
about
the
sense
of
the
Act
▪
taken
from
the
Constant
Practise
of
All
Convocations
ever
since
the
framing
it
;
which
he
appeals
to
so
frequently
,
and
with
so
much
Calmness
and
Security
,
that
one
less
acquainted
with
him
than
I
am
would
have
been
tempted
to
think
,
that
he
spake
upon
good
Grounds
,
and
had
well
consider'd
what
he
said
:
Whereas
in
truth
he
was
merely
upon
the
Conjecture
;
and
having
found
that
the
Convocations
of
1640.
and
1603.
acted
by
Commission
,
concluded
presently
that
all
the
Precedent
ones
must
have
done
so
too
;
forgetting
in
the
mean
time
that
wise
Maxim
of
his
Own
,
with
which
he
very
fitly
introduces
as
wise
a
Chapter
.
So
great
(
says
he
)
is
that
Uncertainty
to
which
all
Human
Constitutions
are
expos'd
,
that
tho'
I
have
before
sufficiently
shewn
,
what
the
Nature
of
our
Convocation
at
present
is
,
and
what
Authority
our
King
's
have
over
it
,
yet
we
can
by
no
means
from
thence
conclude
,
that
this
was
always
the
case
[
†
](A26154-e89690-b)
†
P.
147.
.
Which
deep
Remark
,
had
it
been
in
his
View
throughout
his
Book
,
would
have
instructed
him
not
to
determin
so
peremptorily
upon
the
Course
of
Antient
Practise
from
some
Modern
Instances
;
it
would
have
sav'd
him
the
shame
of
slipping
into
so
many
false
and
groundless
Assertions
on
this
Head
,
and
me
the
trouble
of
exposing
them
.
When
he
resolv'd
,
for
Reasons
best
known
to
himself
,
to
set
up
for
a
Champion
in
this
Cause
,
he
should
either
have
taken
care
fully
to
instruct
himself
in
the
matters
he
wrote
of
;
or
at
least
,
where
he
was
conscious
of
his
want
of
Light
,
he
should
have
had
the
Discretion
to
express
himself
a
little
more
warily
.
The
oldest
Aera
therefore
of
these
Commissions
,
which
impower
the
Convocation
to
Treat
,
&c.
is
1.
I.
1.
how
that
New
Precedent
came
then
to
be
set
,
and
what
Restraints
it
may
be
conceiv'd
to
have
laid
on
the
Clergys
Liberty
of
Debate
,
I
shall
now
briefly
enquire
.
It
must
be
confess'd
that
K.
Iames
,
who
had
been
somewhat
less
than
a
King
in
Scotland
,
took
upon
him
to
be
somewhat
more
than
a
King
,
assoon
as
he
came
to
the
Crown
of
England
;
spoke
of
his
Prerogative
in
a
very
high
tone
,
look'd
upon
it
as
some
Innate
Power
,
divinely
annex'd
to
the
Kingly
Character
,
and
did
not
stick
to
call
it
so
frequently
in
his
Speeches
and
Messages
[
†
](A26154-e89790-b)
†
See
his
Speech
to
the
Bishops
and
Ministers
,
Spotswood
p.
534.
Letter
to
the
Assembly
of
Perth
.
ib.
p.
537.
;
and
sometimes
to
talk
even
of
a
Sovereign
and
Absolute
Authority
,
which
he
enjoy'd
as
freely
as
any
King
,
or
Monarch
in
the
World
[
†
](A26154-e89850-b)
†
See
his
Declaration
in
1605.
Spotswood
p.
488.
.
Bishop
Bancroft
,
who
had
corresponded
with
him
formerly
in
Scotland
,
knew
his
Temper
well
:
and
,
the
Church
having
then
Great
Business
to
do
,
and
He
himself
some
,
(
for
the
See
of
Cant.
was
then
void
)
contriv'd
,
we
may
imagin
,
how
to
humor
it
in
the
approaching
Convocation
,
wherein
He
was
to
Preside
;
and
to
that
end
procur'd
this
Ample
Commission
,
as
an
Instance
of
the
great
Deference
and
Submission
which
the
Church
of
England
paid
to
the
Royal
Authority
.
Indeed
the
Clergy
had
reason
to
shew
all
the
Marks
of
Duty
and
Respect
that
were
fiting
,
to
a
Prince
that
had
shewn
himself
so
fast
a
friend
to
them
,
as
K.
Iames
in
the
Hampton-Court
Conference
,
which
immediately
preceded
this
Convocation
,
had
done
:
Where
he
had
declar'd
openly
for
All
the
Rites
and
Ceremonies
of
the
Church
,
against
the
Scruples
of
those
,
who
were
then
called
Puritans
,
and
had
peremptorily
commanded
them
to
Conform
.
This
,
I
say
,
may
be
suppos'd
to
have
wrought
on
the
Clergys
Gratitude
,
and
made
them
easier
to
accept
such
a
Commission
now
,
than
they
would
have
been
in
any
other
Juncture
:
especially
since
by
it
,
though
they
might
seem
to
abridge
their
Liberty
in
One
Respect
,
yet
they
certainly
enlarg'd
it
another
.
For
whereas
in
Former
Convocations
,
which
were
not
thus
Commission'd
,
the
Custom
had
been
to
draw
up
their
Rules
and
Canons
in
an
Unauthoritative
Style
,
and
without
denouncing
Spiritual
Penaltys
on
the
Infringers
of
them
(
according
to
the
Pattern
set
by
the
Old
Canons
)
;
here
the
Clergy
first
began
solemnly
to
Decree
and
Ordain
,
and
to
annex
the
Sentence
of
Excommunication
to
the
Breach
of
those
Ordinances
.
The
Canons
of
Q.
Elizabeth's
time
,
where
they
run
most
in
the
Style
of
Authority
,
do
yet
rise
no
higher
than
to
a
Cautum
est
nequis
[
†
](A26154-e90000-b)
†
See
Sparrow
p.
245.
as
before
in
1584.
p.
193.
,
Volumus
etiam
[
†
](A26154-e90040-b)
†
Ibid
p.
252.
,
and
Decernendum
censemus
[
*
](A26154-e90070-b)
*
Ibid.
p.
247.
:
but
in
1603
,
the
very
first
Canon
begins
with
Statuimus
&
Ordinamus
[
‖
](A26154-e90100-b)
‖
And
so
in
those
of
1640.
We
Ordain
and
Decree
Can.
1.
The
Synod
doth
ordain
and
decree
,
Can.
2.
;
and
the
Sanction
of
several
of
them
runs
thus
—
Excommunicetur
ipso
facto
,
non
nisi
per
Achiepiscopum
restituendus
;
idque
postquam
resipuerit
,
ac
impium
hunc
errorem
publice
revocarit
.
The
Previous
License
therefore
qualifying
them
to
Decree
in
form
,
and
to
bring
their
Canons
up
to
the
antient
Synodical
Pattern
,
they
might
for
this
reason
be
enclin'd
to
make
use
of
it
;
imagining
(
how
justly
,
has
since
appear'd
)
the
Ground
they
got
in
one
respect
,
to
be
an
Equivalent
for
what
they
lost
in
another
.
Something
too
of
this
Caution
might
be
owing
to
the
Circumstances
and
Temper
of
the
Times
,
when
there
was
no
good
understanding
between
Them
,
and
the
Great
Men
of
the
Law
,
the
Two
Jurisdictions
clashing
mightily
;
and
when
those
who
underhand
blew
the
Coals
between
Them
and
the
Nonconformists
,
were
uneasy
under
the
Clergys
late
Victory
at
Hampton-Court
,
and
would
not
have
been
sorry
to
see
them
make
an
ill
use
of
it
,
or
to
have
had
any
Handle
towards
disputing
the
Legality
of
their
after
proceedings
.
On
this
account
a
License
under
the
Broad-Seal
might
be
thought
convenient
,
to
cover
them
,
not
so
much
from
the
Law
it self
,
as
from
Popular
Complaint
and
Misconstruction
.
And
if
these
Reasons
may
be
suppos'd
to
be
then
of
weight
for
the
beginning
this
Practise
,
they
were
yet
stronger
afterwards
for
the
continuance
of
it
,
in
1640.
when
the
Passions
and
Prejudices
of
Men
ran
even
higher
against
them
than
Now
,
and
every
thing
they
did
was
more
likely
to
be
misinterpreted
.
Thus
far
,
by
way
of
Enquiry
into
the
particular
Grounds
and
Motives
from
whence
this
New
Precedent
may
be
suppos'd
to
have
sprung
:
let
us
now
see
how
far
the
Clergys
Liberty
of
Debate
was
really
affected
by
it
;
and
we
shall
find
this
not
to
have
been
to
such
a
Degree
as
is
commonly
imagin'd
.
For
in
relation
to
this
License
,
there
are
Three
things
that
deserve
to
be
consider'd
.
1.
That
it
was
not
granted
the
Clergy
immediately
upon
their
first
coming
together
.
The
Convocation
had
sat
from
March
20.
to
April
12.
that
is
,
three
full
Weeks
,
without
a
Commission
,
and
to
be
sure
therefore
had
in
that
time
Treated
without
one
;
and
did
not
therefore
think
themselves
unqualify'd
for
all
manner
of
Synodical
Debates
,
till
they
were
so
commission'd
.
2.
It
is
very
observable
,
that
in
the
King's
Letters
Patents
of
Confirmation
[
†
](A26154-e90250-b)
†
See
them
in
the
English
Edition
of
the
Canons
in
1603.
reciting
this
License
,
there
is
a
plain
difference
made
between
his
Prerogative
Royal
and
Supreme
Authority
in
Causes
Ecclesiastical
,
and
the
particular
Powers
lodg'd
in
him
by
the
25
H.
VIII
.
In
vertue
of
the
first
of
these
,
he
is
said
to
have
granted
the
Clergy
full
free
and
lawful
Liberty
,
&c.
to
confer
,
treat
,
debate
,
&c.
upon
Canons
;
but
to
have
given
his
Royal
Assent
to
those
Canons
,
according
to
the
form
of
a
certain
Statute
,
or
Act
of
Parliament
,
made
in
that
behalf
,
in
the
25th
.
Year
of
the
Reign
of
K.
Henry
the
VIII
.
[
†
](A26154-e90400-b)
†
And
so
in
the
Commission
it self
,
(
see
it
in
Dr.
W's
Append.
n.
V.
)
though
the
25.
H.
VIII
.
be
recited
in
the
●reamble
of
it
;
yet
where
Leave
is
granted
to
C●n●er
,
Treat
,
&c.
such
Grant
is
said
to
be
by
Vertue
of
our
Prerogative
Royal
,
and
Supreme
Authority
in
C●●se●
Ecclesiastical
,
without
any
reference
to
the
Statute
.
which
Statute
is
no
where
vouch'd
in
that
Ratification
,
but
with
regard
to
such
Royal
Assent
only
.
It
cannot
be
inferr'd
therefore
that
either
the
Givers
or
Takers
of
this
new
License
understood
the
Submission
Act
in
a
Sense
different
from
what
we
contend
for
,
since
it
does
not
appear
that
the
Grant
of
this
License
was
really
founded
on
that
Statute
.
However
,
supposing
it
was
,
yet
are
we
to
consider
in
the
3
Place
,
that
it
is
not
a
bare
License
to
treat
that
is
there
granted
,
but
beyond
this
(
as
the
words
run
)
A
full
free
and
lawful
Liberty
,
License
,
Power
and
Authority
to
conferr
,
treat
,
debate
,
consider
,
consult
,
and
agree
of
and
upon
such
Canons
,
Orders
,
&c.
Now
though
a
License
to
debate
of
Canons
was
not
necessary
according
to
the
Act
,
yet
a
License
to
agree
upon
them
might
be
judg'd
necessary
;
the
Clergys
agreeing
upon
Canons
(
especially
in
such
an
Authoritative
Form
,
and
with
such
Sanctions
and
Penaltys
,
as
I
have
shewn
them
now
first
to
have
practis'd
)
being
liable
to
be
constru'd
to
a
sense
equivalent
to
Enacting
or
Making
them
;
which
without
the
Royal
Assent
and
License
,
they
were
by
the
Act
expresly
prohibited
to
do
.
The
License
to
Treat
therefore
is
not
to
be
taken
separately
,
but
in
conjunction
with
agreeing
of
and
upon
;
and
must
be
suppos'd
necessary
no
otherwise
,
than
as
it
qualify'd
the
Clergy
so
to
treat
of
Canons
,
as
to
agree
also
,
and
come
to
a
Conclusion
upon
them
.
And
thus
therefore
the
Latin
Title
of
these
Canons
(
which
Dr.
W.
acknowledges
to
be
truly
Authentick
and
Legal
[
†
](A26154-e90720-b)
†
App.
p.
25.
)
runs
.
Constitutiones
sive
Canones
Ecclesiastici
per
Episcopum
Londinensem
Praesidem
Synodi
pro
Cantuariensi
Prov.
ac
reliquos
Episcopos
&
Clerum
ejusdem
Prov.
ex
Regiâ
Authoritate
Tractati
&
Conclusi
.
In
ipsorum
Synodo
inchoatâ
Londini
,
&c.
Ab
eâdem
Regià
Majestate
deïnceps
approbati
,
ratihabiti
,
ac
confirmati
,
ejusdemque
Authoritate
sub
magno
Sigillo
Angliae
promulgati
,
per
utramque
Provinciam
tam
Cant.
quam
Ebor.
diligentèr
observandi
.
They
are
said
to
be
ex
Regiâ
Authoritate
tractati
,
&
conclusi
[
joyntly
]
:
not
ex
Regiâ
Authoritate
tractati
,
&
conclusi
in
ipsorum
Synodo
,
&c.
as
L.
M.
P.
has
fallaciously
pointed
these
words
,
on
purpose
that
he
may
sever
their
Treating
from
their
Concluding
,
and
make
the
Royal
License
seem
to
have
been
necessary
for
the
one
without
any
Consideration
of
the
other
.
But
this
is
according
to
his
usual
Sincerity
in
these
Matters
;
one
Instance
of
which
I
have
already
observ'd
to
the
Reader
.
The
English
Title
of
these
Canons
confirms
what
has
been
said
,
and
gives
us
further
Light
in
the
case
;
it
is
thus
worded
.
Constitutions
and
Canons
Ecclesiastical
,
Treated
upon
by
the
Bishop
of
London
,
President
of
the
Convocation
for
the
Prov.
of
Cant.
and
the
rest
of
the
Bishops
and
Clergy
of
the
said
Province
:
And
agreed
upon
with
the
Kings
Majestys
License
in
their
Synode
,
begun
at
London
,
A.
D.
1603
,
&c.
and
now
Publish'd
for
the
due
Observation
of
them
by
his
Majesty's
Authority
,
under
the
Great
Seal
of
England
.
Here
is
no
mention
of
the
Kings
License
for
any
Act
previous
to
their
agreeing
upon
these
Canons
;
which
is
a
good
Evidence
that
the
Framers
of
them
thought
there
needed
none
:
and
though
,
by
the
form
of
their
Commission
,
a
free
Liberty
was
granted
them
to
treat
,
debate
and
agree
;
yet
that
really
they
had
occasion
for
such
a
Grant
,
only
as
to
the
last
of
these
Acts
,
but
not
as
to
the
Former
.
For
had
the
One
been
equally
necessary
with
the
other
,
they
would
have
taken
equal
care
to
express
it
.
Dr.
W.
indeed
excepts
against
this
English
Inscription
[
†
](A26154-e91010-b)
†
App.
p.
25.
,
and
says
,
it
is
very
imperfectly
rendred
from
the
Latin
,
and
apt
to
lead
men
into
mistakes
about
these
matters
;
believing
,
it
seems
,
that
the
Translation
of
these
Canons
into
English
,
was
the
work
of
some
Private
Hand
,
unauthoriz'd
by
the
Convocation
:
whereas
he
should
have
known
,
that
the
way
was
for
the
Convocation
to
prepare
both
her
Articles
[
†
](A26154-e91070-b)
†
The
Articles
of
our
Church
were
at
the
same
time
prepar'd
both
in
Latin
and
English
;
so
that
both
are
equally
Authentical
.
Bishop
of
Sarum
's
Exposition
,
&c.
p.
X.
and
Canons
in
Latin
and
English
at
the
same
time
;
and
that
the
one
of
these
therefore
is
every
whit
as
Authentick
as
the
other
.
And
in
the
present
case
it
may
be
question'd
,
whether
the
English
Canons
be
not
rather
somewhat
more
authentical
than
the
Latin
ones
;
since
it
was
That
Copy
of
them
,
which
seems
particularly
to
have
passed
the
Great
Seal
,
and
was
,
with
the
King's
Ratification
at
length
annex'd
,
then
publish'd
from
the
Press
Royal.
And
as
low
an
Opinion
as
Dr.
W.
has
of
Convocations
,
I
hope
he
will
allow
them
able
to
translate
their
Own
Latin
,
and
to
understand
their
own
meaning
.
But
should
there
in
rendring
the
Latin
Title
,
any
casual
Mistake
have
happen'd
,
it
would
have
been
set
right
afterward
in
the
Canons
of
1640
[
†
](A26154-e91230-b)
†
See
Sparow
Col.
p.
235.
,
when
it
behov'd
the
Clergy
to
tread
warily
,
and
to
prevent
all
manner
of
Exceptions
.
And
yet
There
again
,
the
very
same
English
Inscription
returns
;
nor
did
that
House
of
Commons
,
which
was
no
ways
unwilling
to
find
fault
with
any
thing
in
these
Canons
that
could
be
laid
hold
of
,
except
against
this
Title
,
but
made
use
of
it
themselves
in
their
Votes
[
‖
](A26154-e91270-b)
‖
Rushworth
part
3.
p.
1365.
of
Dec.
1.5
,
16
,
[
1640
]
without
questioning
the
Accuracy
,
or
Legality
of
it
.
From
all
which
I
inferr
,
that
those
very
Convocations
that
took
out
these
Commissions
,
did
not
however
think
that
they
treated
in
vertue
of
them
,
and
much
less
that
they
could
not
have
treated
without
them
.
They
needed
such
Powers
,
only
to
draw
up
and
pass
their
Synodal
Decrees
in
form
;
and
though
more
was
inserted
into
them
,
even
the
Liberty
of
Debating
,
as
well
as
Concluding
;
yet
they
accepted
what
was
not
necessary
,
for
the
sake
of
what
was
:
taking
care
only
in
the
Front
of
their
Synodical
Acts
,
to
assert
a
Liberty
of
Debate
to
themselves
,
independently
of
any
such
Royal
Grants
or
Commissions
.
All
they
wanted
was
a
Commission
to
make
or
decree
Canons
;
the
Attorney
General
who
had
the
drawing
it
,
thought
,
it
seems
,
that
it
would
not
harm
them
,
if
a
little
more
than
they
wanted
was
given
them
;
and
knew
,
to
be
sure
,
that
he
should
not
hurt
his
Master's
Prerogative
by
it
:
and
so
,
that
the
Royal
Grant
,
and
the
Clergys
Priviledge
might
look
Ample
and
Full
enough
,
was
pleas'd
,
as
has
been
usual
in
such
cases
,
to
multiply
Words
without
Occasion
:
But
it
no
more
follows
from
the
Clergys
admitting
such
a
License
,
that
they
needed
every
Part
and
Parcel
of
it
,
than
it
does
,
that
a
Criminal
,
who
takes
out
a
General
Pardon
,
is
guilty
of
every
Individual
Crime
that
is
there
specify'd
.
In
the
first
seven
Years
of
Q.
Elizabeth
,
every
New
Bishops
Patent
had
this
Clause
in
it
,
—
Supplentes
nihilominùs
Supremâ
Authoritate
nostr●
Regiâ
,
ex
Mero
Motu
,
&
Certâ
Scientià
nostris
,
siquid
aut
in
hiis
quae
juxta
mandatum
nostrum
praedictum
per
Vos
fient
,
aut
in
Vobis
aut
—
Conditione
,
Statu
,
Facultate
vestris
ad
praemissa
perficienda
desit
aut
decrit
,
eorum
quae
per
Statuta
hujus
regni
aut
per
Leges
Ecclesiasticas
in
hâc
parte
requiruntur
,
aut
necessaria
sunt
,
temporis
ratione
,
ac
rerum
necessitate
sic
postulante
.
These
words
sound
high
,
and
yet
our
Learned
Mason
pleads
[
†
](A26154-e91480-b)
†
de
Minist.
Angl.
p.
329.
,
that
it
cannot
from
hence
be
collected
,
that
there
were
any
such
Defects
as
are
here
said
to
be
Pardon'd
;
and
likens
this
Clause
to
that
in
the
Pope's
Bulls
,
which
absolves
every
Bishop
â
quibusvis
Excommunicationis
,
Suspensionis
,
Interdicti
aliisque
Ecclesiasticis
Censuris
&
Paenis
a
Iure
vel
ab
Homine
qu●vis
Occasione
vel
Causâ
latis
[
†
](A26154-e91540-b)
†
P.
330.
,
without
enquiring
whether
the
Bishop
had
incurr'd
any
of
these
Censures
,
or
needed
this
Absolution
.
It
was
given
out
,
as
he
there
distinguishes
,
Hypothetice
,
non
Absolute
[
†
](A26154-e91560-b)
†
P.
331.
,
i.
e.
if
they
wanted
it
,
there
they
had
it
;
and
if
they
did
not
want
it
,
yet
ad
abundantem
cautelam
they
might
be
willing
to
accept
it
;
because
others
might
Imagine
both
that
they
did
want
it
,
and
that
it
was
this
way
to
be
supply'd
:
and
it
might
be
proper
therefore
to
ward
against
these
Suppos'd
Defects
,
as
well
as
more
Real
ones
.
Which
is
all
as
Applicable
to
the
Convocation
,
that
took
out
the
License
in
the
first
of
K.
Iames.
Does
Dr.
W.
think
,
that
every
impowring
Clause
or
Phrase
in
a
Commission
implys
that
the
Persons
Commission'd
could
not
have
done
such
or
such
a
thing
,
without
they
had
been
so
impower'd
?
The
following
Instance
may
satisfy
him
to
the
contrary
.
A
Commission
for
the
Repair
of
Pauls
in
1631.
gives
full
Power
and
Authority
[
to
the
Persons
nam'd
in
it
]
to
consult
,
advise
,
and
consider
of
meet
Orders
,
Ordinances
and
Constitutions
for
the
better
preservation
of
that
Church
,
and
for
the
preventing
Annoyances
;
and
the
same
Orders
,
Ordinances
,
and
Constitutions
being
reduc'd
into
Writing
,
to
present
unto
us
to
the
intent
that
the
same
being
perus'd
by
Us
,
and
consider'd
of
,
may
receive
our
Royal
Approbation
and
Allowance
[
†
](A26154-e91720-b)
†
Bibliotheca
Regia
p.
256.
.
The
Powers
here
granted
are
much
the
same
,
and
in
much
the
same
words
with
those
in
the
Commission
to
the
Convocation
:
but
no
body
can
be
silly
enough
to
think
that
Private
Persons
might
not
of
their
own
Accord
have
done
all
this
,
have
enter'd
into
such
Considerations
,
and
made
such
Proposals
to
the
King
,
without
a
Commission
.
Commissions
are
oft-times
employ'd
,
not
for
the
security
of
such
as
do
the
Business
,
but
to
secure
its
being
done
;
they
give
the
Countenance
of
Authority
to
Things
,
and
promote
the
Dispatch
of
them
.
For
Example
,
In
the
21
H.
III.
A
Writ
issu'd
to
William
de
Perecat
,
the
Court-Barber
;
which
Mr.
Pryn
,
out
of
his
Zeal
against
Long-hair
,
has
put
into
his
Tomes
of
Ecclesiastical
Iurisdiction
[
†
](A26154-e91790-b)
†
T.
2.
p.
479.
,
and
may
therefore
become
this
place
as
well
.
It
ran
,
as
follows
.
m.
g.
d●r●
.
REX
Willielmo
de
Perecat
,
Salutem
.
Sciatis
quod
concessimus
&
plenam
Potestatem
Vobis
dedim●s
scindendi
Capillos
Clericorum
nostrorum
qui
sunt
de
Hospitio
nostro
&
familia
nostra
longos
crines
habentium
,
&
comas
nutrientium
,
&
ad
Crocos
capillorum
suorum
deponendos
.
Et
ide●
Uobis
mandamus
quatenus
ad
hoc
modo
debito
intendatis
;
hujusmodi
Potestatem
nostram
vobis
concessam
taliter
exequentes
circa
predictos
Capillos
scindendos
&
Crocos
deponendos
,
ne
ad
Capillos
vestros
scindendos
forcipes
apponere
debeamus
.
Teste
meipso
apud
Clyne
2
d
o.
die
Septembris
.
Now
though
I
doubt
not
but
that
William
de
Perecat
went
about
his
Business
more
nimbly
,
and
to
better
effect
,
after
this
Message
than
before
it
;
yet
I
cannot
forbear
thinking
,
that
if
these
Clergymen
and
He
had
been
agreed
,
he
might
have
exercised
his
Office
upon
them
,
without
having
a
Writ
to
shew
for
it
.
This
is
a
familiar
Instance
indeed
,
but
may
be
as
Instructive
as
a
more
solemn
one
;
and
if
it
serve
withal
to
relieve
a
serious
Scene
,
and
make
the
Reader
smile
a
little
,
I
have
my
double
end
in
it
.
What
has
been
said
,
may
be
sufficient
,
I
hope
,
to
account
for
the
License
of
1603.
and
for
any
Word
or
Passage
in
it
,
that
may
be
suppos'd
to
affect
the
Clergys
Liberty
of
Debate
,
which
they
were
in
an
Unterrupted
Possession
of
when
that
Practise
first
began
,
and
have
an
Undoubted
Right
to
still
,
notwithstanding
the
continuance
of
it
.
One
Expression
indeed
there
is
in
it
,
which
Dr.
W.
catches
at
,
and
has
not
been
yet
consider'd
.
He
observes
,
that
the
Liberty
granted
by
that
Commission
is
said
to
proceed
,
out
of
the
King
's
Especial
Grace
,
Certain
Knowledge
,
and
Mere
Motion
[
†
](A26154-e92000-b)
†
P.
116.
;
and
does
most
invincibly
from
thence
argue
that
it
could
not
therefore
be
their
Due
,
or
belong
to
them
ex
debito
justitiae
[
†
](A26154-e92030-b)
†
P.
290.
(
283.
)
.
I
agree
with
him
thus
far
,
that
a
Commission
impowering
them
to
Treat
is
not
their
Due
,
because
I
take
it
to
be
their
unquestion'd
Right
and
Due
to
treat
without
one
.
But
his
Reason
why
they
are
not
entitled
to
it
of
Right
,
I
can
by
no
means
admit
;
because
Learned
Lawyers
tell
me
,
that
those
Phrases
Especial
Grace
,
and
Mere
Motion
are
used
sometimes
for
forms
sake
,
where
the
thing
said
to
be
thus
granted
is
strictly
of
Right
,
and
cannot
be
with
Justice
deny'd
.
For
Instance
,
the
Writ
de
Excommunicato
capiendo
,
upon
a
Certification
into
Chancery
,
follows
,
we
know
,
in
course
,
and
de
Iure
Ordinario
;
and
is
therefore
,
in
diverse
Precedents
of
it
,
said
to
issue
secundùm
Consuetudinem
Angliae
,
i.
e.
according
to
the
common
Law
of
England
;
and
yet
in
one
Instance
,
Dr.
Cousin
[
†
](A26154-e92170-b)
†
Apol.
for
Proc.
Eccl.
p.
8.
informs
me
,
that
it
runs
quòd
hujusmodi
breve
nostrum
de
Gratià
nostra
procedat
;
and
a
Note
therefore
in
the
Register
,
upon
these
words
in
another
Writ
,
says
,
that
they
are
us'd
only
pro
Honore
Regio
,
etiamsi
ad
id
de
Iure
teneatur
.
But
I
pay
too
great
a
Regard
to
his
trifling
Remarks
,
in
pursuing
them
thus
minutely
;
and
go
on
therefore
to
remove
the
rest
of
the
Exceptions
taken
at
our
way
of
expounding
the
Statute
.
In
my
account
of
the
Practise
of
Convocations
since
the
25
H.
VIII
.
I
slipp'd
over
some
Requests
of
the
Lower
House
of
Convocation
to
the
Upper
,
a
few
years
after
this
Act
pass'd
,
and
promis'd
to
make
a
distinct
Head
of
them
;
which
I
shall
now
therefore
consider
and
explain
.
It
is
objected
against
that
sense
I
have
given
of
the
Statute
that
the
Clergy
of
those
times
did
themselves
understand
it
otherwise
;
for
in
a
Petition
put
up
by
them
to
the
Bishops
1ᵒ
E.
VI.
they
recite
some
part
of
the
Submission-Act
,
and
of
the
27
H.
VIII
.
that
confirms
it
;
and
then
desire
,
that
being
presently
assembled
in
Convocation
by
auctority
of
the
King
's
Writ
,
the
King's
Majestys
License
in
Writing
may
for
them
be
obtain'd
and
granted
,
according
to
the
Effect
of
the
said
Statues
;
auctorising
them
to
attempt
,
entreat
,
and
commune
of
such
matters
,
and
therein
freely
to
give
their
Consents
,
which
otherwise
they
may
not
do
upon
Pain
and
Peril
premis'd
.
This
indeed
seems
Material
,
and
for
this
Reason
,
I
suppose
,
Dr.
W.
takes
no
notice
of
it
.
But
L.
M.
P.
insists
upon
it
,
and
styles
it
an
Authentick
Exposition
of
that
statute
,
which
without
any
other
Evidence
is
sufficient
to
shew
,
that
it
was
the
Intention
of
that
Act
,
that
the
Treating
and
Resolving
,
as
well
as
the
Meeting
of
a
Convocation
should
depend
upon
the
Mere
Good-will
of
the
Prince
[
†
](A26154-e92360-b)
†
Pp.
39
,
40
.
The
Reader
may
observe
,
how
wondrous
kind
this
Gentleman
can
be
to
the
Clergy
upon
occasion
,
and
what
a
profound
respect
he
has
for
their
Opinion
,
when
it
is
for
his
Turn
.
He
allows
a
Petition
of
the
Lower
House
of
Convocation
,
to
be
an
Authentick
Exposition
of
an
Act
of
Parliament
;
an
Honor
,
which
the
most
solemn
Decisions
of
both
Houses
would
not
(
much
less
do
the
Petitions
and
Requests
of
any
one
)
deserve
;
and
least
of
all
the
particular
Requests
we
are
at
present
concerned
with
.
For
,
It
is
probable
that
the
Petition
it self
is
not
Authentick
,
and
then
the
Exposition
it
gives
,
to
be
sure
,
cannot
be
so
.
There
are
two
Papers
printed
by
my
Lord
of
Sarum
[
†
](A26154-e92430-b)
†
2.
Vol.
Coll
of
Rec.
n.
16
,
17.
,
which
he
calls
Petitions
of
the
Lower
House
of
Convocation
(
1o
E.
VI.
)
to
the
Upper
.
The
Former
of
these
[
†
](A26154-e92490-b)
†
N.
16.
is
not
a
single
Petition
,
but
four
several
Requests
(
or
rather
the
Minutes
of
four
)
joyn'd
together
;
with
a
certain
Query
annex'd
,
in
the
Close
of
them
.
Of
these
the
First
relates
to
the
Collection
of
Ecclesiastical
Laws
,
appointed
by
Act
of
Parliament
to
be
made
in
H.
the
VIIIth's
time
.
The
Second
is
a
Proposal
for
adjoyning
the
Lower
House
of
Convocation
to
that
of
Parliament
.
The
Third
concerns
the
Committee
for
reforming
the
Offices
.
The
Fourth
is
about
the
Statute
of
First
fruits
and
Tenths
.
The
Query
added
is
,
Whether
the
Clergy
of
the
Convocation
may
liberally
speak
their
mind
,
without
danger
of
Statute
,
or
Law
?
The
Latter
is
a
Petition
in
form
,
from
the
Lower
Clergy
to
the
Bishops
,
enforcing
the
second
of
those
Requests
put
up
in
the
former
Paper
,
and
praying
a
License
in
Writing
,
in
the
Terms
already
recited
[
†
](A26154-e92600-b)
†
P.
399.
.
Now
this
last
Paper
,
I
say
,
seems
never
to
have
been
approv'd
,
or
presented
,
by
the
Lower
Clergy
;
and
I
say
it
,
upon
these
Grounds
.
1.
Because
the
short
Acts
of
this
Convocation
,
preserv'd
in
the
Book
call'd
Synodalia
[
†
](A26154-e92630-b)
†
In
Bennet
Coll.
Library
.
,
short
as
they
are
[
‖
](A26154-e92660-b)
‖
These
Acts
,
short
as
they
are
,
give
an
account
of
the
Business
that
was
done
,
and
the
Motions
that
wee
made
,
every
single
Day
that
the
Convocation
sat
,
from
Nov.
5
to
Decem.
1●
except
in
the
4th
.
Session
only
,
which
was
Nov.
25.
where
my
Transcript
of
the
Acts
is
a
Blank
:
And
there
is
but
this
One
Day
therefore
in
which
it
can
be
suppos'd
that
this
Petition
might
have
been
drawn
and
presented
.
,
do
yet
,
I
find
,
mention
the
first
Paper
,
and
the
four
several
Articles
of
it
[
⸪
](A26154-e92720-b)
⸪
Sess.
3.22
.
Nov.
Istâ
die
—
convenientibus
—
in
inferiori
Domo
concordatum
suit
,
ut
Dominus
Prolocutor
nomine
totius
Domûs
referal
R
mo
subsequentes
Petitiones
.
Viz.
1
o.
Quòd
provideatur
ut
Ecclesiasticae
Leges
Examinentur
&
Promulgentur
juxta
statutum
Parliamenti
editum
35
H.
VIII
.
2.
Item
ut
pro
nonnullis
urgentibus
causis
Convocatio
hujus
Cleri
,
si
fieri
possit
,
assumatur
&
cooptetur
in
Inferiorem
Domum
Parliamenti
,
sicut
ab
antiquo
fieri
consuevit
.
3.
Item
ut
Opera
Episcoporum
&
Alicrum
,
&c.
as
before
.
p.
181.
4.
Item
ut
Rigor
statuti
de
Primitiis
Domino
nostro
Regi
solvendis
aliquantisper
in
certis
urgentibus
Clausulis
moderetur
&
reformetur
si
commodè
fieri
possit
.
,
in
the
Order
they
there
lie
;
but
give
not
the
least
Hint
of
this
Second
:
nor
does
Archbishop
Parker
,
in
Antiquitates
Britannicae
,
where
he
speaks
[
⸪
](A26154-e92870-b)
⸪
P.
339.
largely
of
matters
agitated
in
this
Convocation
,
say
a
syllable
of
it
.
On
the
Contrary
,
both
He
,
and
Bishop
Burnet
give
us
some
Particulars
,
that
do
not
seem
very
consistent
with
the
supposal
of
such
a
Petition
.
Bishop
Burnet's
words
are
,
That
the
Act
[
which
repeal'd
the
Statute
of
the
six
Articles
]
was
occasion'd
by
a
Speech
that
Archbishop
Cranmer
had
in
Convocation
,
in
which
he
exhorted
the
Clergy
to
give
themselves
much
to
the
study
of
Scripture
,
and
to
consider
seriously
what
needed
Reformation
,
&c.
upon
which
some
intimated
to
him
,
that
as
long
as
these
Six
Articles
stood
in
force
,
it
was
not
safe
for
them
to
deliver
their
Opinions
.
This
he
reported
to
the
Council
,
upon
which
they
order'd
this
Act
of
Repeal
[
†
](A26154-e92950-b)
†
Hist.
Ref.
Vol.
2.
p.
40
,
[
his
Lordship
means
,
agreed
that
the
Repeal
of
this
Statute
should
be
propos'd
in
Parliament
.
]
Thus
his
Lordship
out
of
Archbishop
Parker's
Papers
;
and
thus
the
Archbishop
himself
out
of
the
Records
of
Convocation
[
*
](A26154-e92980-b)
*
Ex
Archivis
,
he
himself
says
.
,
In
Synodo
Cranmerus
Archiepiscopus
habità
oratione
de
religione
ex
verbo
Christi
institut●
populo
tradendâ
,
&c.
consulendum
duxit
.
Sed
Legum
adhuc
de
Sex
Articulis
Henrico
Rege
regante
latarum
severitas
plerosque
terruit
quò
minûs
suas
de
Religione
resormandà
Sententias
libere
dicerent
.
Itaque
impetravit
à
Rege
Cranmerus
ut
interim
dum
illae
Leges
Parliamento
abrogentur
,
Praelatis
de
Religione
in
Synodo
disserentibus
atroces
illae
rigidaeque
paenae
laxarentur
.
Quod
&
conc●ssum
est
.
A
clear
account
is
given
here
of
the
Clergys
fears
in
relation
to
the
Statute
of
the
six
Articles
,
and
of
their
care
to
screen
themselves
from
the
sad
Penaltys
of
it
;
but
not
a
word
of
any
Apprehensions
they
were
under
in
reference
to
the
Submission-Act
.
And
with
these
Accounts
that
Passage
in
the
Acts
falls
in
Sess.
7.
Dec.
9.
—
The
same
day
were
likewise
appointed
Mr.
Dean
of
Winchester
,
and
Mr.
Dr.
Draycott
to
associat
Mr.
Prolocutor
to
my
Lord
of
Cant.
to
know
a
Determinat
Answer
,
what
Indemnitys
and
Immunities
this
House
shall
have
to
treat
in
matters
of
Religion
,
in
Cases
forbidden
by
the
Statutes
of
this
Realm
to
treat
in
.
They
are
concern'd
here
we
see
to
be
indemnify'd
to
treat
of
matters
of
Religion
in
some
Particular
Cases
forbidden
by
the
Statutes
of
this
Realm
,
i.
e.
by
the
Statute
of
the
six
Articles
,
and
another
(
35
H.
●
.
c.
1.
)
enforcing
it
:
But
as
for
a
General
License
,
authorizing
them
to
treat
in
All
Cases
(
such
an
one
as
this
second
Petition
prays
)
they
express
no
want
,
or
desire
of
it
.
And
yet
had
they
wanted
it
at
all
,
it
was
now
high
time
to
have
had
it
;
for
five
weeks
of
the
Session
were
run
out
,
when
this
Motion
was
made
.
Indeed
2.
Had
such
a
Petition
for
Liberty
of
Debate
been
presented
,
it
had
,
in
all
probability
,
been
the
First
step
,
which
the
Convocation
,
after
they
sat
down
,
would
have
taken
:
whereas
we
find
by
the
Petition
it self
,
that
it
could
not
be
drawn
up
,
till
the
Session
had
continu'd
some
time
;
for
the
first
Clause
of
it
mentions
a
former
Suit
of
theirs
made
to
the
Bishops
,
in
order
to
be
by
Them
promoted
with
the
King
;
of
which
the
Clergy
had
hitherto
been
expecting
some
Account
from
their
Lordships
,
without
receiving
any
.
Further
3.
The
Paper
it self
(
that
part
of
it
,
I
mean
,
which
prays
a
License
)
has
such
manifest
mistakes
,
in
relation
to
the
Submission
of
the
Clergy
,
and
the
Statute
enacting
that
Submission
,
as
one
cannot
suppose
the
whole
Lower
House
of
Convocation
could
well
fall
into
.
For
it
confounds
the
Praeamble
of
the
Act
with
the
Body
of
it
;
reciting
that
part
of
the
Statute
which
declares
the
Penalties
,
and
an
whole
Proviso
at
the
End
of
it
,
as
if
they
had
been
the
very
words
of
the
Clergys
Submission
;
which
it
is
manifest
they
were
not
,
and
could
not
be
.
My
Lord
of
Sarum
therefore
not
informing
us
,
whether
the
Paper
from
whence
he
transcribed
this
form
was
an
Original
(
as
when
it
is
so
,
he
generally
does
)
I
must
take
leave
to
suspect
that
it
was
not
;
and
to
apply
to
it
the
words
,
which
his
Lordship
himself
uses
about
a
Proclamaon
of
an
Extraordinary
Nature
,
printed
by
Faller
.
If
he
saw
but
a
Copy
,
we
have
reason
to
doubt
of
it
;
for
that
might
be
only
the
Essay
of
some
Projecting
Man's
Pen
[
†
](A26154-e93320-b)
†
Vol.
2.
p.
●1
.
.
The
present
Paper
might
be
,
and
,
it
is
likely
,
was
no
more
than
the
first
Draught
of
a
Petition
fram'd
by
some
Private
Hand
,
but
never
agreed
to
by
the
Lower
Clergy
:
And
(
were
it
allowable
to
guess
at
his
Lordships
Thoughts
in
this
case
)
I
should
think
that
He
himself
had
entertain'd
some
such
Opinion
concerning
it
.
For
though
he
has
Printed
this
second
Petition
,
together
with
the
First
,
in
his
Collection
of
Records
,
yet
in
his
History
[
†
](A26154-e93360-b)
†
Vol.
2.
p.
47.
he
makes
but
a
very
slight
mention
of
it
,
and
gives
no
Account
but
of
the
First
only
:
and
yet
this
Last
contains
New
Matter
in
it
,
of
great
Importance
,
and
which
,
were
the
Paper
,
where
it
is
,
Authentick
,
would
very
well
have
deserv'd
a
place
in
the
Body
of
his
Lordships
Work
;
and
could
not
well
have
escap'd
the
Pen
of
so
Discerning
a
Writer
.
One
would
think
therefore
that
his
Lordship
had
some
secret
Suspicions
of
the
inauthoritativeness
of
this
second
Paper
,
grounded
either
on
a
View
of
the
Manuscript
it self
,
from
whence
he
transcrib'd
it
,
or
on
some
other
reasons
which
his
Lordship
has
not
been
pleas'd
to
acquaint
us
with
.
Indeed
Bishop
Stillingfleet
,
who
first
produc'd
it
,
seems
to
say
,
it
was
found
among
Archbishop
Cranmer's
Papers
:
which
looks
as
if
it
had
been
lodg'd
in
his
hands
as
President
of
the
Convocation
;
and
consequently
were
not
a
mere
Dra●gi●
only
,
but
agreed
to
,
and
presented
by
the
Lower
House
.
For
which
reason
,
notwithstanding
all
the
Probabilitys
there
are
to
the
contrary
,
I
will
suppose
it
Authentick
;
and
if
it
were
so
,
have
this
further
to
say
to
it
:
That
if
we
allow
this
Petition
to
have
been
actually
offer'd
,
yet
it
is
certain
that
it
had
not
its
Effect
,
and
that
no
License
in
Writing
issu'd
upon
it
.
For
if
it
had
,
we
should
never
have
heard
of
any
such
Memorandum
in
the
Acts
,
as
that
I
just
now
produc'd
.
It
is
manifest
that
at
the
Time
of
the
Date
of
this
Memorandum
,
the
Clergy
were
〈◊〉
Licens'd
:
for
they
could
not
then
have
needed
an
Indemnity
to
treat
in
particular
cases
;
since
the
General
Powers
contain'd
in
that
License
would
have
been
to
all
Intents
and
Purposes
their
Warrant
and
Security
.
And
if
they
had
not
a
Commission
in
five
Weeks
from
the
time
of
their
Meeting
,
it
will
be
easily
granted
me
,
that
they
had
none
afterwards
.
Indeed
for
the
same
Reason
that
this
Memorandum
proves
,
that
the
Clergy
had
no
License
now
,
it
proves
also
that
they
were
to
have
none
:
for
had
they
not
laid
aside
all
Thoughts
of
a
General
License
,
they
would
never
have
ask'd
for
a
Particular
one
,
to
indemnify
them
in
some
special
Cases
.
On
the
very
day
when
they
pray'd
this
Indemnity
,
the
Acts
say
also
[
†
](A26154-e93460-b)
†
Isto
die
communi
consensu
nominati
&
●ssignati
fuerunt
Magister
Roland
Merrik
,
Ioh.
ap
Harry
,
Ioh.
Williams
&
Elizeus
Price
Doctores
,
in
Solli
〈◊〉
ad
obtinendum
Effectus
sequentes
,
viz.
That
the
Petition
made
,
to
have
this
House
adjoyned
to
the
L●wer
House
of
Parliament
,
may
be
obtained
.
,
that
they
appointed
some
Members
of
their
own
to
sollicit
their
Conjunction
with
the
Commons
;
which
was
plainly
in
consequence
of
the
first
Branch
of
their
Petition
,
intimating
a
Design
of
appointing
such
Sollicitors
.
But
as
to
the
Second
Clause
relating
to
the
25
H
VIII
.
and
a
General
License
,
they
now
take
no
notice
of
it
;
but
instead
of
it
,
desire
only
to
be
Indemnify'd
from
the
six
Articles
.
Which
is
a
manifest
sign
,
that
they
had
now
drop'd
this
Request
,
if
they
ever
made
it
.
The
Petition
therefore
,
if
put
up
in
form
,
was
most
certainly
quash'd
above
,
by
the
Bishops
,
satisfying
the
Clergy
,
upon
Advice
had
in
the
case
,
that
such
a
Commission
was
needless
.
So
that
nothing
can
be
more
to
the
Advantage
of
the
Clergys
Freedom
of
Debate
,
than
this
Petition
,
supposing
it
Authentick
.
For
as
the
Preferring
it
shews
that
the
Clergy
doubted
at
first
whether
a
Commission
might
not
be
necessary
to
enable
them
to
attempt
,
entreat
,
and
commune
,
&c.
so
their
acting
without
such
a
Commission
afterwards
(
for
act
they
did
)
is
a
clear
Evidence
that
those
Doubts
were
overrul'd
as
soon
as
started
,
and
does
in
effect
amount
to
a
Determination
of
the
Point
in
question
.
For
the
Iudges
,
to
be
sure
,
or
King's
Co●ncil
(
and
,
it
may
be
,
both
)
were
consulted
in
the
Case
;
and
did
therefore
(
as
the
Event
shews
)
give
their
Opinion
against
the
Necessity
of
such
a
License
;
but
not
▪
it
seems
,
against
the
Necessity
of
that
Exemption
from
the
Penaltys
of
the
six
Articles
which
the
Clergy
continu'd
to
pray
,
and
which
was
now
granted
,
according
to
their
Prayer
,
as
Bishop
Parker
[
†
](A26154-e93560-b)
†
Quod
&
concessum
est
.
—
See
above
.
p.
4
2.
assures
us
.
But
had
we
been
in
the
dark
as
to
the
Event
of
this
Petition
,
yet
the
very
Time
and
Circumstances
in
which
it
was
fram'd
would
sufficiently
have
accounted
for
it
,
and
shew'd
us
the
Unreasonableness
of
setting
up
this
Instance
as
a
Precedent
.
The
Nation
was
then
in
an
high
Ferment
,
and
the
Popish
Party
both
in
the
Convocation
,
and
out
of
it
,
strong
;
and
,
to
be
sure
,
watchful
to
make
use
of
all
Advantages
against
the
Reforming
Clergy
:
in
whom
therefore
it
might
be
prudent
to
arm
themselves
for
the
Great
Work
they
were
going
about
(
a
thourough
Alteration
of
the
Doctrine
and
Discipline
of
the
Church
)
with
the
Largest
Powers
they
could
procure
,
whether
in
strictness
of
Law
they
needed
them
,
or
not
.
They
themselves
could
not
well
doubt
,
whether
they
had
such
a
Freedom
o●
Debate
,
as
they
were
permitted
to
enjoy
by
H.
the
VIII
th
.
himself
,
a
Prince
jealous
to
the
utmost
of
every
the
least
Encro●chment
on
his
Prerogative
,
and
careful
to
put
every
method
,
he
fairly
could
,
in
practise
,
which
might
be
of
use
to
humble
the
Clergy
.
This
Petition
therefore
cannot
be
supposed
to
express
their
Sense
of
the
Act
,
but
their
Fears
rather
of
the
Construction
which
some
of
the
Men
in
Power
might
put
upon
it
.
And
under
this
View
a
License
might
appear
(
though
not
necessary
in
it self
,
yet
)
useful
to
prevent
the
Malice
of
their
Enemies
,
and
to
allay
the
Doubts
of
their
Friends
;
to
take
away
all
Excuse
from
those
who
pretended
to
be
under
the
Aw
of
that
Statute
;
and
every
way
to
encrease
▪
and
animate
their
Party
.
It
was
no
new
thing
,
in
that
and
the
preceding
Reign
,
for
freedom
of
Speech
,
even
when
it
had
Right
on
its
side
,
to
ask
Leave
;
a
Practise
stoop'd
to
by
the
Laiety
of
those
times
,
as
well
as
the
Clergy
.
For
it
was
,
we
know
,
in
the
33
d.
Year
of
H.
the
VIII
th
.
[
†
](A26154-e93670-b)
†
〈◊〉
Sy●m●nds
d'
Ewes
Jour
.
p.
43.
〈◊〉
ch.
7.
that
the
Commons
made
their
first
Request
for
Liberty
of
Speech
,
which
has
been
since
continu'd
.
And
in
his
Son's
Time
(
the
Time
we
are
upon
)
they
have
petition'd
even
for
Leave
to
Treat
,
in
particular
Cases
;
of
which
I
shall
give
one
Instance
out
of
their
Journals
.
In
the
Parliament
begun
4.
Nov.
3
E.
VI.
the
Commons
,
e're
they
would
attempt
the
Repeal
of
a
Branch
in
a
certain
Act
of
Relief
,
made
suite
to
the
King
,
for
Liberty
to
proceed
in
it
.
The
Words
of
the
Journal
are
18.
Nov.
It
is
order'd
,
that
Mr.
Speaker
with
the
King
's
Privy
Council
of
the
House
,
and
twelve
others
of
the
House
,
shall
be
Suitors
to
know
the
King's
Majestys
Pleasure
by
his
Council
,
if
upon
their
Humble
S●ite
th●y
may
treat
of
the
last
Relief
for
Cloaths
and
Sheep
,
at
four
of
the
Clock
in
the
Afternoon
.
Nov.
20.
It
is
reported
by
Mr.
Speaker
,
the
King's
Pleasure
to
be
by
his
Counsel
,
that
the
House
may
treat
for
the
Act
of
Relief
,
having
in
respect
the
Cause
of
the
Granting
thereof
.
N●v
.
30.
Mr.
Comptroller
reporteth
,
that
the
King's
Majesty
is
pleased
with
the
Petition
for
the
Relief
,
and
giveth
License
to
treat
upon
it
.
Dec.
11.
A
Bill
was
brought
in
for
the
Discharge
of
that
Subsidy
,
and
Repeal
of
the
Branches
wherein
it
was
granted
.
We
see
here
what
a
profound
Submission
was
in
those
times
pay'd
to
the
Prerogative
,
in
the
Point
of
Liberty
of
Debate
,
even
by
Parliaments
themselves
;
and
have
with
all
a
clear
Proof
,
that
Men
may
Petition
for
what
is
unquestionably
their
Right
;
and
(
which
is
more
)
may
continue
so
to
do
for
long
Periods
of
time
,
without
prejudicing
their
Right
by
such
repeated
Petitions
.
Which
however
is
far
from
being
the
case
in
respect
of
the
Clergy
:
for
I
have
shewn
it
doubtful
,
whether
the
Petition
alledg'd
were
ever
presented
;
or
,
if
it
were
,
yet
certain
that
it
was
overrul'd
afterwards
,
no
License
issuing
upon
it
;
and
that
the
Clergy
neither
had
,
nor
thought
they
needed
any
such
License
for
some
succeeding
Reigns
.
So
that
(
to
return
to
what
led
me
into
these
Enquirys
)
no
Authentick
Exposition
of
the
Submission-Act
is
to
be
had
either
from
this
Petition
as
L.
M.
P.
imagines
,
or
from
the
Uninterrupted
Practice
of
Convocations
,
to
which
Dr.
W.
appeals
.
And
if
our
sense
of
the
Act
therefore
be
not
prov'd
faulty
by
some
better
Mediums
then
these
,
it
will
remain
unshaken
.
Little
now
is
left
behind
to
this
purpose
unconsider'd
,
except
the
Opinion
of
Dr.
Cousins
,
and
Dr.
Zouch
,
and
a
Resolution
of
some
of
the
Iudges
[
*
](A26154-e94050-b)
*
Mention'd
by
L.
M.
P.
p.
38
,
39.
:
of
Each
of
which
some
short
Account
shall
be
given
.
Dr.
Cousins
in
his
Tables
(
as
they
are
now
Printed
)
lays
down
these
Three
Assertions
.
Synodus
Provincialis
,
vel
Nationalis
,
convocari
non
debet
absque
Principis
rescrip●o
.
N●c
tractari
,
nec
determinari
potest
aliquid
in
Synodo
,
nisi
consentiente
&
assentiente
Principe
.
Nihil
habet
Vim
Legis
,
priusquam
Regius
Assensus
sucrit
adhibitus
his
quae
Synodus
decernenda
censuerit
.
Of
these
the
first
and
last
Positions
are
easily
admitted
;
but
I
desire
to
be
excus'd
from
believing
that
the
second
,
as
it
is
now
worded
,
was
of
Dr.
Cousins's
drawing
;
since
it
contradicts
the
Practise
of
the
Synods
held
under
Parker
,
and
Grindall
,
and
his
own
Patron
Archbishop
Whitgift
;
and
as
far
as
we
can
learn
,
that
of
the
Convocation
in
1597
,
the
Year
before
Cousins
dy'd
.
The
Tables
therefore
being
not
publish'd
till
after
his
Death
,
and
after
the
Synod
in
1603
,
't
is
reasonable
to
believe
,
that
they
had
the
General
Fate
of
Posthumous
Pieces
,
not
to
come
out
exactly
as
their
Author
left
them
;
and
particularly
that
they
were
,
in
the
second
Position
,
adjusted
to
the
Practise
of
the
Synod
in
1603
,
either
by
the
Editor
,
or
by
the
owner
of
that
Copy
from
whence
the
Edition
was
made
.
I
should
think
that
Cousins's
Proposition
ran
thus
,
[
Determinari
non
potest
]
aliquid
in
Synodo
,
nisi
consulto
[
*
](A26154-e94200-b)
*
For
the
Change
of
Consentiente
into
Consulto
I
have
good
Authority
.
And
under
this
Reading
,
it
is
imply'd
,
that
both
the
Request
and
Consent
were
Verbal
.
&
assentiente
Principe
;
which
by
some
unskilful
hand
that
had
seen
the
License
in
1603.
was
alter'd
into
[
Nec
Tractari
nee
Determinari
potest
]
:
I
say
,
an
Unskillful
Hand
:
for
it
is
clear
,
and
I
have
shewn
it
,
that
that
License
it self
does
not
go
so
far
as
this
second
Assertion
;
the
Instrument
reciting
only
a
leave
given
to
Treat
and
Resolve
joyntly
;
that
is
,
a
Leave
for
the
one
,
in
order
to
the
other
:
whereas
here
they
are
mention'd
separately
,
and
a
License
affirm'd
necessary
to
the
first
,
without
respect
to
the
Latter
.
Dr.
Cousins
,
who
was
a
Man
of
Skill
and
Exactness
in
these
things
,
would
never
have
expressed
himself
thus
injudiciously
,
had
he
indeed
liv'd
to
see
an
Instance
of
such
a
License
practised
:
and
we
may
observe
therefore
how
nearly
he
traces
the
Synodical
Form
in
the
third
Position
;
where
the
Quae
decernenda
censuerit
is
plainly
taken
from
the
Decernendum
censemus
we
meet
with
in
the
Canons
of
1597
,
and
which
I
have
already
observ'd
to
be
the
highest
Expression
of
Authority
us'd
by
That
,
Dr.
Zouch
rely'd
implicitly
on
Cousins's
Tables
,
and
from
them
thus
interpolated
,
transcrib'd
these
Positions
Verbatim
into
his
Descriptio
Iuris
&
Iudicii
Ecclesiastici
:
and
therefore
this
is
no
new
Authority
.
The
Resolutions
of
the
Iudges
8vo
Iac.
in
my
Lord
Cokes
XII
th
.
Report
,
have
somewhat
more
of
Authority
in
them
.
But
these
also
are
calculated
to
the
Course
that
had
been
taken
1
o.
Iacobi
,
and
which
perhaps
my
Lord
Coke
himself
might
have
directed
:
neither
do
they
oppose
the
Interpretation
that
has
been
given
of
the
Statute
,
if
we
look
narrowly
into
them
;
they
are
to
this
purpose
.
1.
A
Convocation
cannot
Assemble
without
the
Assent
of
the
King
.
2.
After
their
Assembly
,
they
cannot
confer
to
constitute
any
Canons
,
without
License
from
the
King
.
3.
When
upon
conference
they
conclude
any
Canons
,
yet
they
cannot
execute
them
without
the
Royal
Assent
.
It
is
not
said
here
,
that
they
cannot
confer
about
Canons
,
which
the
Tables
grosly
affirm
(
and
Dr.
W
by
placing
the
Comma
between
Confer
,
and
Constitute
[
†
](A26154-e94610-b)
†
See
p.
108.
,
would
●ain
insinuate
)
but
only
that
they
cannot
confer
to
constitute
;
which
is
very
true
,
if
the
meaning
of
the
words
be
,
that
they
cannot
so
confer
as
to
constitute
:
and
that
this
sense
was
intended
by
the
Judges
,
appears
from
their
Third
Resolution
,
where
the
Phrase
is
thus
vary'd
,
When
upon
Conference
they
conclude
.
I
submit
to
their
Opinion
,
that
the
Convocation
cannot
confer
to
constitute
(
that
is
,
as
they
explain
themselves
,
upon
Conference
conclude
)
Canons
;
and
I
infer
from
hence
,
that
neither
the
Submission-Act
,
nor
the
License
in
1603.
can
fairly
be
extended
to
a
further
sense
,
and
that
this
is
the
utmost
R●straint
which
the
Clergy
now
lie
under
.
Dr.
W.
seems
to
have
been
sensible
of
this
,
and
has
produc'd
these
Resolutions
therefore
,
not
at
once
,
but
by
Piece-meal
;
craftily
dividing
the
second
from
the
third
,
and
placing
them
at
a
convenient
distance
[
†
](A26154-e94710-b)
†
See
p.
108
(
129.
)
,
that
we
might
not
have
the
Opportunity
of
explaining
the
One
by
the
Other
.
L.
M.
P.
has
dealt
more
fairly
,
and
aboveboard
;
for
he
has
cited
all
Three
of
them
together
[
†
](A26154-e94740-b)
†
P.
38.
,
though
at
the
Evident
Hazard
of
their
appearing
by
that
means
to
be
nothing
to
his
purpose
.
And
,
to
give
a
further
strength
to
these
Decisions
,
he
adds
,
That
Godolphin
cites
and
admits
them
in
his
Rep●rtorium
Canonicum
;
a
Book
,
which
Dr.
W.
having
mention'd
with
the
utmost
Contempt
[
‖
](A26154-e94780-b)
‖
P.
275.
,
't
is
much
that
one
who
comes
after
him
on
the
same
side
,
should
urge
as
good
Authority
.
The
Dr.
pitty
;
poor
Godolphin
for
depending
on
Sir
E.
Coke
,
in
a
matter
of
Antiquity
;
the
Letter-writer
brings
this
very
Godolphin
,
to
confirm
St.
E.
Coke's
Opinion
in
a
Point
of
Law
;
so
little
are
they
ageeed
upon
the
Character
and
Credit
of
their
Witnesses
!
Poor
as
he
is
,
Dr.
W.
it
seems
,
has
a
Friend
yet
poorer
than
He
;
who
would
not
else
have
vouchsafed
to
borrow
from
him
.
But
why
Poor
Godolphin
!
he
was
as
rich
in
Learning
as
his
little
Gleanings
could
make
him
;
a
Collector
,
and
a
Scribler
:
and
how
then
comes
Dr.
W.
to
despise
him
?
Methinks
We
second-hand
Writers
should
learn
to
speak
more
respectfully
of
one
another
;
because
if
We
our selves
do
not
,
it
is
probable
no
body
else
will
.
Let
Godolphin's
Character
be
what
it
will
,
Dr.
Wake
could
not
have
taken
a
more
unlucky
occasion
of
undervaluing
him
,
than
he
at
present
makes
use
of
.
If
I
stop
a
little
to
,
state
the
Case
between
them
,
I
hope
I
shall
have
the
Pardon
of
my
Reader
.
Godolphin
had
said
,
that
Church
Gemot
denoted
antiently
what
we
call
a
Convocation
,
and
vouch'd
Sir
.
Edward
Coke
for
it
:
the
Letter
to
a
Convotion-Man
had
asserted
the
same
thing
,
though
without
citing
any
Authority
.
Dr.
W.
who
is
deeply
learn'd
in
these
Researches
,
insults
them
all
Three
,
upon
this
suppos'd
mistake
;
and
with
a
scornful
Air
tells
his
Adversary
,
I
am
confident
be
will
be
hard
put
to
it
to
bring
us
any
Author
elder
than
Sir
E.
Coke
,
from
whom
as
Poor
Godolphin
first
,
so
as
he
now
taken
it
at
all
adventures
.
[
†
](A26154-e94970-b)
†
P.
275.
What
Authority
that
Gentleman
had
,
or
had
not
in
his
View
,
I
cannot
say
;
for
That
,
I
am
sure
,
would
be
to
speak
at
all
Adventures
,
since
He
himself
vouches
none
.
But
that
there
is
an
Authority
for
this
Elder
than
Sir
E.
Coke's
,
and
that
Dr.
W's
Confidence
therefore
misled
him
,
when
he
pretended
to
be
sure
there
was
none
,
I
can
safely
affirm
.
For
the
Learned
Sir
H.
Spelman
has
said
this
very
thing
,
and
repeated
it
at
least
four
several
times
[
*
](A26154-e95020-b)
*
In
the
words
Gemotum
,
Haligemot
,
and
Chirchgemot
:
and
not
there
only
,
but
again
in
his
Reliquiae
too
,
where
he
has
translated
the
passage
in
H.
the
I's
Laws
,
into
English
,
thus
:
And
whomsoever
the
Church-Synod
shall
find
at
Variance
,
let
them
either
make
an
accord
between
them
in
Love
,
or
sequester
them
by
their
Sentence
of
Excommunication
,
p.
54.
in
the
1st
.
(
that
is
,
the
most
Authentick
)
part
of
his
Glossary
,
which
came
out
in
1626.
many
Years
before
the
IV
th
.
Book
of
Institutes
appear'd
abroad
in
the
World
.
From
Him
my
Lord
Coke
probably
had
it
;
for
he
quotes
,
I
find
,
the
very
same
Passage
for
it
,
out
of
the
Laws
of
H.
the
I.
[
†
](A26154-e95170-b)
†
Quoscunque
Chirchgemot
discordantes
inveni●t
,
vel
Amore
congreget
,
vel
sequestret
Judicio
c.
7.
where
Sir
Henry's
Transcript
read
Cyricgemot
instead
of
Scyresmot
,
as
Wheelock
afterwards
from
the
Exchequer
Manuscript
it self
Printed
it
[
‖
](A26154-e95230-b)
‖
P.
180.
.
This
seems
to
be
the
Correcter
Reading
;
however
I
dare
not
determine
it
so
to
be
,
because
Sir
H.
Spelman
,
I
find
,
had
the
perusal
of
two
other
Manuscripts
beside
that
of
the
Exchequer
:
and
Wheelock's
Edition
,
whether
rightly
Copied
in
this
Instance
,
or
no
,
yet
is
in
several
other
respects
faulty
;
particularly
in
the
very
next
words
to
those
Sir
H.
quotes
,
there
is
a
manifest
mistake
:
for
instead
of
[
Debet
utem
Scyresmot
&
Burgemotis
,
Hundreda
,
vel
Wapentachia
duodecies
in
anno
Congregari
,
&
Sex
diebus
anted
submotum
(
which
in
the
Margin
is
Summonitionem
)
]
we
ought
to
read
,
[
Debet
autem
Scyresmot
,
&
Burgmot
●is
,
Hundreda
,
&
Wapentachia
duodecies
,
&c.
&
7
diebus
anteâ
summoniri
]
as
the
Passage
is
read
in
the
Laws
of
E.
the
Confessor
[
†
](A26154-e95370-b)
†
Pp.
147.148
.
,
from
whence
these
of
H.
the
I.
were
taken
.
But
which
soever
of
these
be
the
true
reading
,
we
have
Sir
H.
Spelman's
word
for
it
,
that
Chirchgemot
is
a
good
Saxon
word
,
and
did
in
that
Language
signify
a
Synod
,
or
Convocation
.
Had
he
not
known
it
to
have
been
so
us'd
in
other
places
,
he
would
scarce
have
mended
a
corrupt
Reading
by
the
Use
of
it
here
;
for
he
was
not
like
some
small
Dablers
in
Antiquity
,
that
make
two
mistakes
always
,
when
they
pretend
to
mend
one
;
but
a
very
sure
,
as
well
as
a
very
modest
Writer
.
This
short
Digression
was
but
necessary
to
repress
Dr.
W's
indiscreet
Vanity
,
who
has
ventur'd
to
decide
peremptorily
upon
the
use
of
a
Saxon
Word
,
though
,
I
believe
,
he
understands
as
little
of
that
Tongue
,
as
he
does
of
the
true
state
of
this
Controversy
:
and
has
usher'd
in
his
Critical
Remark
with
Language
of
good
Assurance
.
—
I
am
confident
(
says
he
)
that
this
Gentleman
will
be
hard
put
to
it
,
to
bring
any
Author
,
&c.
Confidence
,
let
me
tell
him
,
even
where
Men
are
certainly
in
the
right
,
is
not
over
becoming
:
but
where
they
are
as
certainly
in
the
wrong
,
and
are
reprehending
others
that
are
in
the
right
;
there
,
no
Quality
whatsoever
sits
so
ill
upon
a
Man
,
or
looks
so
untowardly
.
Some
Saxon
Friend
,
I
suppose
,
had
blown
Dr.
W.
up
into
this
Degree
of
Assurance
;
and
were
not
Mr.
Nicholson
a
little
too
distant
to
Impart
,
I
should
pitch
upon
Him
to
this
purpose
,
as
soon
as
any
Man
.
For
the
Assertion
is
all
over
like
One
of
his
,
both
as
to
the
Assuming
Air
,
and
the
Mistake
of
it
.
I
have
given
the
Reader
one
proof
of
this
kind
before
[
†
](A26154-e95540-b)
†
P.
313.
;
and
,
since
Skill
in
Saxon
happens
to
be
here
once
again
my
Theme
,
shall
take
this
Opportunity
to
add
another
.
Mr.
Nicholson
[
†
](A26154-e95580-b)
†
Hist.
Lib.
Vol.
2
p.
112.
professes
himself
not
satisfy'd
with
the
Opinion
of
Cambden
,
Lambard
,
Spelman
,
and
generally
,
of
All
our
English
Antiquaries
and
Historians
,
that
there
were
in
this
Kingdom
before
the
Conquest
three
Codes
or
Digests
of
Laws
,
which
from
the
several
Countrys
where
they
first
prevail'd
,
were
rightly
term'd
the
West
Saxon
,
the
Mercian
,
and
Danish
Laws
:
This
Conceit
of
theirs
he
imputes
to
a
Mistake
of
Laga
(
in
the
Words
Westsaxenalaga
,
Myrcenalaga
,
and
Danelaga
)
for
Law
,
whereas
it
signifys
,
he
says
,
a
Country
,
or
District
.
Very
Decisive
indeed
!
But
one
would
have
thought
that
the
Great
Council
of
the
Realm
,
which
in
H.
the
I's
Reign
re-enacted
and
enlarg'd
the
Confessors
Laws
,
should
have
understood
the
Saxon
Tongue
,
and
Times
pretty
well
;
and
yet
they
tell
us
,
—
Regnum
Angliae
tripartitum
est
in
West
Saxones
,
&
in
Mercenos
,
&
Dacorum
Provinciam
.
Legis
etiam
Anglicae
trina
est
Partitio
ad
eandem
distantiam
[
*
](A26154-e95770-b)
*
Ll.
H.
I.
p.
182.
,
and
again
,
—
Legis
etiam
Anglicae
trina
est
Partitio
ad
superiorem
modum
.
Alia
enim
West
Saxiae
,
alia
Mercena
,
alia
Denelaga
est
[
†
](A26154-e95830-b)
†
Ib.
p.
180
.
A
Particular
account
is
given
of
the
several
Shires
,
in
which
each
of
these
Laws
obtain'd
by
Iorvallensis
[
†
](A26154-e95860-b)
†
X
Script
.
col.
956.
,
who
,
though
he
had
no
great
share
of
Latin
,
is
known
to
have
understood
both
our
Saxon
Tongue
and
Antiquitys
perfectly
well
.
Or
if
his
skill
should
be
doubted
,
yet
sure
Gervase
of
Tilbury's
cannot
;
and
thus
he
writes
concerning
the
Conqueror
.
—
Propositis
Legibus
Anglicanis
secundum
tripartitam
eorum
distinctionem
h.
e.
Merchenlage
,
Denelage
,
&
West-Saxonlage
,
quasdam
reprobavit
,
quasdam
autem
approbans
Transmarinas
—
Normanniae
Leges
adjecit
[
‖
](A26154-e95930-b)
‖
L.
1.
c.
29.
.
And
as
to
the
Use
of
the
Word
Laga
,
a
Charter
of
H.
I.
(
drawn
but
Fourteen
Years
after
the
Conquerors
death
)
will
sufficiently
clear
it
.
There
this
passage
occurrs
,
Lagam
Regis
Edwardi
vobis
reddo
cum
illis
Emendationibus
quibus
eam
pater
meus
emendavit
[
*
](A26154-e95990-b)
*
Archaion
p.
176.
&
M.
Par.
ad
ann.
1100.
:
Does
Laga
here
signify
the
Confessors
Law
,
or
his
Country
?
Whether
all
this
Old
Evidence
laid
together
may
be
allow'd
to
outweigh
our
Librarians
New
Guess
,
must
be
left
to
the
Reader
.
If
it
does
,
it
will
be
apt
to
raise
in
him
no
very
advantageous
Opinion
,
either
of
Mr.
Nicholson's
Skill
in
these
particular
matters
,
or
of
his
Modesty
in
any
.
But
to
resume
our
Argument
,
—
We
are
told
further
,
that
K.
Iames
the
I.
in
his
Declaration
prefix'd
to
the
XXXIX
Articles
,
and
published
with
them
,
doth
declare
,
That
he
is
Supreme
Governor
of
the
Church
of
England
;
and
that
if
any
difference
arise
about
the
External
Policy
,
concerning
Injunctions
,
Canons
,
or
other
Constitutions
,
the
Clergy
in
their
Convocations
is
to
order
and
settle
them
,
having
first
obtain'd
Leave
under
our
Broad-Seal
so
to
do
[
†
](A26154-e96100-b)
†
L.
M.
P.
p.
41.
.
If
King
Iames
declar'd
this
,
he
declar'd
it
some
Years
after
he
was
in
his
Grave
;
for
the
Declaration
meant
came
not
out
till
1628.
But
let
the
Doctrine
be
whose
it
will
,
it
is
very
good
;
Leave
under
the
Broad-Seal
,
it
is
confess'd
,
must
be
had
,
to
order
and
settle
any
difference
arising
about
Old
Canons
and
Constitutions
,
for
that
is
in
effect
to
make
New
ones
:
but
for
any
other
Acts
previous
to
this
Ordering
and
Setling
,
such
a
Leave
is
not
necessary
,
nor
does
the
Declaration
say
it
is
;
though
there
are
some
words
that
look
a
little
more
this
way
,
than
any
of
those
produc'd
by
this
wise
arguer
;
for
it
follows
,
—
Out
of
our
Princely
Care
that
Church-men
may
do
the
Work
which
is
proper
for
them
,
the
Bishops
and
Clergy
from
time
to
time
in
Convocation
,
upon
their
humble
desire
,
shall
have
a
License
under
our
Broad-Seal
to
deliberate
of
,
and
to
do
all
such
things
as
being
made
plain
by
them
,
and
assented
unto
by
Us
,
shall
concern
the
setled
continuance
of
the
Doctrine
and
Discipline
of
the
Church
of
England
Establish'd
,
from
whence
we
will
not
endure
any
Variance
,
or
Departing
in
the
least
Degree
.
This
latter
Clause
must
be
explain'd
by
the
former
,
where
the
Doctrine
in
this
point
is
professedly
sta●ed
;
and
there
a
Leave
only
to
order
and
settle
is
made
necessary
.
Besides
even
here
Deliberating
is
not
to
be
separated
from
Doing
;
nor
a
Leave
suppos'd
requisite
for
the
one
,
but
as
it
is
to
end
in
the
other
.
This
is
a
Form
of
Expression
founded
on
the
License
practis'd
in
1603
,
which
I
have
already
accounted
for
.
And
now
nothing
I
think
that
carrys
the
Face
of
an
Objection
has
escap'd
me
,
unless
it
be
a
small
Remark
made
by
Dr.
W.
on
the
Form
of
the
Convocation-writ
;
wherein
the
King
,
he
says
,
reserves
to
himself
the
Priviledge
of
naming
the
Subject
,
which
they
are
to
Deliberate
and
Resolve
upon
[
†
](A26154-e96240-b)
†
P.
111.
.
'T
is
true
,
in
another
place
he
tells
us
,
with
his
usual
Consistency
,
that
he
does
not
found
his
Opinion
of
the
Necessity
of
a
License
upon
the
Form
of
this
Writ
[
†
](A26154-e96250-b)
†
P.
287.
:
however
even
there
he
affirms
this
Writ
plainly
to
imply
that
some
such
License
is
to
be
expected
from
the
King
[
†
](A26154-e96270-b)
†
P.
287.
;
and
though
therefore
his
Opinion
be
not
founded
on
the
Writ
,
yet
he
thinks
it
is
mightily
strengthned
,
and
countenanc'd
by
it
.
But
this
is
a
Construction
that
no
man
living
could
have
made
of
it
,
that
had
a
true
Understanding
either
of
the
Writ
it self
,
or
of
the
Times
wherein
it
was
fram'd
.
His
account
of
the
Writ
runs
thus
—
In
the
beginning
of
it
(
says
he
)
the
King
having
mention'd
by
way
of
form
,
that
for
certain
urgent
Affairs
of
great
Concern
both
to
the
Church
and
Kingdom
,
he
had
commanded
the
Archbishop
to
summon
the
Clergy
to
come
together
to
such
a
certain
place
,
and
at
such
a
certain
time
;
he
thus
declares
what
they
were
to
do
,
when
met
:
Namely
,
that
they
were
to
Treat
,
Consent
and
Conclude
upon
the
Premisses
,
and
such
Other
Matters
which
should
be
more
clearly
declar'd
to
them
,
when
they
came
together
,
on
the
King's
behalf
.
From
hence
he
reasons
in
this
manner
,
—
that
though
the
Urgent
Affairs
of
the
King
,
Church
,
and
Realm
,
which
the
Convocation
is
in
General
to
debate
about
,
be
the
constant
Introduction
of
every
Convocation-Writ
,
yet
this
is
by
way
of
form
only
:
for
the
King
still
reserves
to
himself
to
declare
to
them
,
and
they
are
,
when
met
,
to
expect
his
special
Direction
,
and
not
ramble
after
their
own
fancys
,
or
any
matter
within
this
General
Compass
without
his
Warrant
[
*
](A26154-e96340-b)
*
Pp.
111.112
.
.
But
how
false
and
forc'd
these
Colours
are
,
will
appear
if
we
consider
,
1.
That
the
Writs
which
summon
the
Barons
to
Parliament
,
have
much
the
same
Introduction
,
with
this
for
a
Convocation
;
these
also
beginning
with
a
[
Quibusdam
arduis
&
urgentibus
negotiis
,
&c.
]
as
this
does
;
and
proceeding
to
other
Expressions
,
the
same
in
sense
with
the
subsequent
Words
in
the
Convocation-Writ
;
and
in
this
only
differing
from
them
that
they
are
not
quite
so
Expressive
and
Forcible
.
Now
Dr.
W.
will
not
,
I
hope
,
dare
to
say
,
that
those
Words
are
plac'd
also
in
the
Lord's
Writs
by
way
of
form
only
:
and
if
not
,
how
come
they
to
be
us'd
more
by
way
of
form
Here
than
There
?
Nay
,
2.
These
words
are
so
far
from
being
plac'd
in
the
Front
of
the
Convocation-Writ
by
way
of
Form
only
,
that
they
are
expresly
referr'd
to
in
the
Body
of
it
;
where
the
Clergy
are
said
to
assemble
ad
tractandum
,
consentiendum
,
&
con●oncludendum
super
PREMISSIS
,
i.
e.
super
●rduis
&
urgentibus
negotiis
,
before
mention'd
;
even
as
the
Barons
are
in
the
same
▪
part
of
their
Writ
said
to
meet
super
DICTIS
negotiis
tra●aturi
,
&c.
]
It
is
added
indeed
&
aliis
quae
darius
exponentur
tune
ibidem
ex
parte
nostrâ
:
which
intimates
that
the
King
will
also
on
his
part
propose
some
particular
subjects
of
Debate
to
them
,
but
precludes
them
not
from
debating
on
any
thing
except
what
he
proposes
.
Nor
can
any
Man
,
who
considers
the
Date
of
these
Writs
,
possibly
think
that
this
Meaning
is
to
be
drawn
from
them
.
For
3.
They
went
in
near
the
same
Terms
that
they
do
now
,
200
Years
before
the
Submission-Act
pass'd
,
when
the
King's
Power
of
confining
the
Clergy
to
deliberate
on
nothing
but
what
he
offer'd
to
them
,
was
a
Doctrine
never
dream
of
.
And
I
hope
,
since
the
Words
of
the
Writ
are
the
same
Now
as
they
were
Then
,
the
meaning
of
them
must
be
the
same
too
:
for
though
the
25
H.
VIII
.
abridg'd
the
Convocations
Priviledges
in
several
respects
,
yet
it
could
not
make
the
Words
of
their
Writ
signify
otherwise
than
they
did
,
when
they
were
first
inserted
.
Dr
W.
himself
hapned
to
stumble
upon
this
Truth
though
he
wanted
either
sincerity
,
or
skill
to
make
use
of
it
.
The
Grand
Question
[
⸪
](A26154-e96520-b)
⸪
P.
160.
had
told
him
(
what
he
tells
us
again
[
†
](A26154-e96530-b)
†
P.
[
113.
]
,
as
if
it
had
been
his
Own
Observation
)
that
this
Clause
〈◊〉
to
be
found
in
the
Convocation
Writs
as
far
back
as
28
H.
VI.
after
which
,
[
†
](A26154-e96550-b)
†
It
should
be
38
H.
VI.
The
Writ
is
to
be
found
Cl.
m.
29.
dors.
(
See
Pryn.
Parl.
Wr.
Vol.
1.
p.
91.
)
Which
shews
from
whence
Dr.
W.
borrowed
his
knowledge
,
since
he
●ook
this
Mistake
also
along
with
it
.
a
small
share
〈◊〉
Logick
methinks
might
hav●
taught
him
,
that
this
Claus●
could
never
be
intended
to
tie
u●
the
Clergys
Debates
to
such
Pa●●ticular
subjects
as
the
Kin●
should
allow
them
to
delibera●●
on
.
But
he
may
be
pleas'd
to
know
,
that
it
〈◊〉
yet
an
100
years
Older
than
he
thinks
it
is
:
fo●
I
have
seen
Writs
in
the
beginning
of
E.
the
〈◊〉
with
these
,
or
the
like
words
in
them
;
par●●●cularly
Cl.
7.
E.
III.
ps.
2.
m.
15.
dors.
the
Archbishop
and
his
Clergy
are
summon'd
Super
dictis
negotiis
quae
Vobis
ibidem
ex
parte
nostrâ
plenius
exponentur
tractaturi
,
vestrumque
Consilium
Impen●●ri
,
and
20.
R.
II.
ps.
2.
m.
12.
dors.
it
ran
almost
in
the
same
Syllables
as
it
does
now
,
—
Ad
tra●tandum
[
concordandum
]
consentiendum
,
&
concludendum
super
praemissis
,
&
aliis
quae
sibi
per
Nos
vel
Commissarios
nostros
in
hâc
parte
clarius
exponentur
tunc
ibidem
.
And
a
little
acquaintance
with
the
Old
Acts
of
Convocation
would
have
inform'd
him
,
what
this
Phrase
ex
parte
nostrà
meant
;
it
being
the
Custom
always
for
the
King
,
soon
after
the
Convocation
far
down
,
to
send
his
Nuntii
Speciales
thither
,
which
were
some
of
his
Prime
Nobility
,
his
Great
Officers
,
or
Judges
;
and
by
them
to
intimate
his
Demands
,
or
Desires
to
the
Clergy
.
And
these
therefore
are
said
to
come
ex
parte
domini
Regis
,
every
where
throughout
the
Archbishops
Registers
.
Dr.
W.
cannot
be
ignorant
enough
to
think
that
the
Clergy
had
Then
no
Power
of
entring
on
any
Deliberations
except
what
those
Honourable
Messengers
recommended
to
them
.
Prohibitions
were
at
that
time
usual
,
sent
sometimes
in
Writing
,
and
sometimes
denounced
Viva
Voce
by
the
Judges
,
who
came
along
with
the
Great
Men
that
brought
the
King's
Message
.
By
These
the
Clergy
were
forbid
to
treat
of
any
thing
wherein
the
King's
Crown
and
Dignity
was
concern'd
;
which
implys
them
at
Liberty
to
treat
of
every
thing
in
which
they
were
not
thus
prohibited
.
Their
Debates
indeed
were
bounded
by
the
Nature
and
Ends
of
the
Assembly
it self
;
which
confined
them
to
Matters
properly
of
Ecclesiastical
Cognizance
,
and
such
as
related
to
their
Own
Order
,
and
did
no
ways
entrench
on
the
King's
Prerogative
,
and
on
the
Laws
of
the
Realm
.
But
in
all
other
respects
,
the
Debates
and
Proceedings
of
Convocation
were
then
under
as
little
restraint
as
those
of
Parliament
.
The
form
of
the
Convocation-Writ
therefore
is
of
no
manner
of
service
to
Dr.
W.
and
had
been
better
let
alone
by
him
than
produced
;
as
indeed
all
his
Learning
of
this
kind
had
;
in
which
he
is
very
Improper
and
Unlucky
,
for
he
scarce
ever
medles
with
a
Writ
,
without
giving
the
Reader
some
occasion
or
other
to
pitty
his
Ignorance
,
before
he
has
done
with
it
.
This
(
having
secur'd
the
Two
Points
laid
down
at
the
En-I
trance
of
these
Sheets
against
all
Exceptions
)
I
am
now
at
Leysure
to
make
out
upon
him
;
and
,
by
briefly
running
over
what
there
is
in
his
Book
of
this
,
or
the
like
nature
,
to
shew
,
how
unqualify'd
a
Man
he
was
to
meddle
in
the
present
Dispute
,
and
how
utterly
a
stranger
he
is
to
all
that
Knowledge
that
is
requisite
to
frame
a
True
Judgment
upon
it
.
This
shall
be
the
Business
of
the
Next
and
Last
Chapter
;
which
I
shall
draw
into
as
narrow
a
Compass
as
conveniently
I
can
,
having
already
,
I
fear
,
expatiated
a
little
too
much
in
the
Others
.
CHAP.
IX
.
DR.
Wake
has
grac'd
his
Appendix
with
the
Forms
of
several
Writs
;
the
First
[
†
](A26154-e96910-b)
†
P.
359.
of
which
is
,
he
says
,
an
Antient
Writ
of
Summons
for
an
Abbat
,
and
the
second
,
for
a
Bishop
[
†
](A26154-e96950-b)
†
P.
361.
,
to
come
to
Parliament
.
It
seems
,
this
Great
Antiquary
thinks
that
Bishops
and
Abbats
were
call'd
to
Parliament
by
Writs
of
a
different
form
:
whereas
every
one
that
is
in
the
least
acquainted
with
things
of
this
nature
knows
,
that
whenever
the
Abbats
had
an
Immediate
and
Personal
Summons
,
their
Writs
ran
in
the
very
same
Terms
with
those
of
the
Bishops
,
the
Clause
Premunientes
only
excepted
;
and
are
therefore
very
seldom
recited
at
length
in
the
Rolls
of
Parliament
,
but
entred
onely
with
an
Eodem
modo
mandatum
est
,
or
Consimiles
Literae
diriguntur
Abbatibus
&
Prioribus
subscriptis
.
But
had
he
a
mind
for
the
Honour
of
the
Abbats
,
whose
order
is
now
extinct
,
to
record
Their
Writ
of
Summons
distinctly
in
his
Immortal
Work
,
and
by
that
means
to
preserve
the
Memory
of
it
to
future
Ages
,
yet
that
he
should
single
out
that
particular
Writ
he
has
printed
,
as
an
Antient
one
,
and
of
the
Reign
of
H.
III.
[
*
](A26154-e97050-b)
*
See
p.
359.
is
a
little
unhappy
;
when
it
is
certain
that
That
Writ
in
all
its
forms
never
went
out
till
the
Middle
or
Latter
End
of
R.
II.
i.
e.
till
about
an
120
Years
after
H.
the
III.
was
dead
and
buried
.
The
Introductory
words
[
Quia
de
avisamento
consilii
nostri
]
are
scarce
found
in
any
Parliament-Writ
before
12
E.
III.
when
they
are
two
or
three
times
us'd
,
and
not
afterwards
till
the
46
E.
III.
when
they
begin
to
be
employ'd
pretty
constantly
.
The
Defence
of
the
Church
of
England
,
mention'd
in
the
Close
of
it
,
never
had
place
in
any
Writ
till
6
E.
II.
(
says
Pryn
[
*
](A26154-e97160-b)
*
P.
W.
Vol.
1.
p.
115.
)
;
was
never
ordinarily
inserted
,
till
the
49
E.
III.
and
never
in
that
manner
in
which
it
is
express'd
in
this
Writ
,
till
towards
the
End
of
Richard
the
II's
Reign
.
At
which
time
,
and
so
on
downwards
the
Precise
Form
(
Printed
by
Dr.
W.
for
an
Antient
Summons
in
the
Time
of
H.
the
III.
)
with
little
or
no
difference
,
regularly
obtain'd
.
However
Dr.
W's
Writ
cannot
be
yet
so
Old
as
R.
II.
for
it
begins
with
Henricus
dei
gratiâ
,
&c.
and
must
belong
therefore
to
One
of
the
Three
Harry's
that
immediately
succeeded
him
.
Impossible
therefore
it
is
,
that
the
Abbot
of
Tavestoke
should
ever
be
summon'd
by
this
Writ
,
as
he
tells
us
[
†
](A26154-e97280-b)
†
P.
360.361
.
he
was
;
since
that
Abbat
was
never
call'd
to
Parliament
after
the
23
E.
III.
[
*
](A26154-e97300-b)
*
Pryn
P.
W.
●
.
1.
p.
144.
when
this
Writ
was
not
yet
heard
of
,
till
5
H.
VIII
,
[
⸪
](A26154-e97330-b)
⸪
Godayn
de
Prasul
.
part
2.
p.
180.
when
it
was
in
some
Expressions
alter'd
.
Dr.
W.
will
perhaps
lay
the
blame
of
all
these
Faults
on
Reynerius's
Apostolatus
Benedictinus
,
which
he
quotes
there
.
But
can
it
be
any
Excuse
for
him
,
who
had
so
many
near
Domestick
Helps
towards
clearing
up
these
Mistakes
,
that
One
who
wrote
at
a
distance
from
all
our
Records
has
mistaken
before
him
?
However
,
even
Reynerius
himself
,
as
much
at
a
distance
as
he
wrote
,
was
better
instructed
than
this
comes
to
;
for
neither
does
he
produce
this
as
the
Summons
of
an
Abbat
,
distinct
from
that
of
a
Bishop
;
nor
as
an
Old
one
,
much
less
as
of
the
Time
of
H.
III
:
nor
does
he
say
,
that
the
List
of
Abbats
given
by
Dr.
W.
were
by
this
Writ
ever
Summon'd
.
These
are
all
Dr.
Wakes
new
Lights
,
and
Peculiar
Improvements
.
After
all
,
if
he
thought
a
Writ
of
Summons
to
an
Abbat
would
look
well
in
his
Appendix
,
how
came
that
in
the
Annals
of
Burton
[
†
](A26154-e97500-b)
†
P.
371.
to
be
overlook'd
;
which
is
really
of
the
age
he
pretends
that
the
other
is
,
and
one
of
the
most
Antient
Writs
extant
,
being
sent
out
in
the
41
H.
III.
Ao.
1256
?
In
the
next
Number
we
meet
with
an
Antient
Writ
of
Summons
of
a
Bishop
to
Parliament
[
†
](A26154-e97560-b)
†
P.
361.
.
And
here
again
,
Dr.
W.
can
rise
no
higher
than
the
49
H.
III.
whereas
we
have
a
Writ
of
this
kind
6
to
Ioh.
i.
e.
60
Years
Older
than
this
;
and
two
others
of
the
26
and
38.
H.
III.
still
preserv'd
in
our
Records
,
and
not
in
our
Records
only
,
but
in
the
Printed
Pieces
of
Selden
,
Pryn
,
and
Brady
:
so
that
they
can
be
a
secret
to
none
but
those
to
whom
every
thing
almost
of
this
kind
is
so
.
After
the
Abbats
Antient
Summons
,
he
sets
down
a
List
of
24
Abbats
and
one
Prior
antiently
Summon'd
;
believing
this
to
be
the
fix'd
number
of
them
,
whereas
it
frequently
varied
.
In
the
49
H.
III.
by
that
very
Writ
he
Prints
,
no
less
than
102
Abbats
and
Priors
were
Summon'd
;
which
Dugdale
would
have
told
him
,
had
he
transcrib'd
that
Writ
out
of
Him
,
and
not
out
of
a
Faulty
Edition
of
Elsyng
.
I
suppose
he
took
it
from
thence
,
because
I
find
the
same
Error
there
that
I
do
in
Dr.
Wake
's
Transcript
;
pro
pace
regni
assensurandà
,
instead
of
assecurandâ
:
which
in
Elsyng
is
only
a
Mistake
of
the
Printer
,
but
Dr.
W.
took
it
for
an
Old
Term
of
Art
,
and
was
nicely
careful
therefore
to
preserve
the
Spelling
.
In
Edward
the
I.
and
II's
times
,
50
,
60
,
70.
and
sometimes
80
Abbots
and
upwards
[
†
](A26154-e97760-b)
†
28
E.
I.
Cl.
m.
3.
dors.
were
Summon'd
;
that
the
Number
of
the
Regulars
might
be
in
some
degree
answerable
to
that
of
the
Seculars
,
call'd
up
by
the
Premunientes
,
and
the
Parliament
be
a
Full
Representative
both
of
the
Clergy
and
Laiety
.
About
the
middle
of
E.
II.
when
the
Clergy
got
ground
upon
the
Crown
,
the
Number
of
Summon'd
Abbats
decreas'd
mightily
,
and
was
generally
a
few
under
,
or
above
thirty
,
throughout
Edward
the
III's
Reign
:
when
Convocations
being
now
held
a
course
concurrently
with
Parliaments
,
all
the
Abbats
and
Priors
of
note
came
up
thither
,
upon
the
Archbishop's
Mandate
;
and
were
there
ready
to
receive
the
King's
Commands
:
and
were
excus'd
therefore
from
the
Parliamentary
Writ
,
which
was
sent
out
only
to
such
Abbats
and
Priors
as
held
by
Barony
.
Afterwards
from
the
Reign
of
E.
III.
to
the
Reformation
,
their
number
always
exceeded
twenty
,
and
fell
short
of
thirty
,
says
one
excellently
versed
in
these
Enquirings
:
whose
Observation
however
is
not
Universally
true
;
for
the
12
H.
VI.
[
†
](A26154-e97890-b)
†
See
Dugdale
Sum.
p.
424.
and
31
H.
VIII
.
[
†
](A26154-e97930-b)
†
Ibid.
p.
501.
are
Exceptions
to
it
;
in
both
which
Instances
the
Number
of
Abbats
call'd
fell
short
of
twenty
.
This
Inequality
in
the
Latter
Reigns
seems
to
have
sprung
chiefly
from
the
Vacancy
of
Abbys
,
or
the
Absence
of
Abbats
,
who
were
abroad
either
upon
Embassys
,
or
at
General
Councils
;
and
had
not
in
this
case
(
as
the
Bishops
had
)
their
Vicars
general
,
to
whom
the
Crown
directed
Writs
in
their
stead
.
Nor
Mistakes
he
only
in
the
Numbers
,
but
in
the
Titles
also
of
these
Abbats
;
for
some
that
are
not
in
his
List
(
particularly
the
Abbats
of
Waltham-Cross
,
and
Cirencester
)
were
from
the
49
H.
III.
downward
,
as
constantly
Summon'd
as
almost
any
of
the
twenty
four
he
has
set
down
;
and
the
Prior
of
S.
Iohn's
of
Ierusalem
,
much
oftner
than
the
Prior
of
Coventry
,
whom
alone
he
has
mention'd
.
The
next
thing
we
meet
with
is
a
Bishop's
Summons
of
the
23
E.
I.
[
†
](A26154-e98070-b)
†
P.
363.
which
is
given
us
by
the
Dr.
as
the
first
Writ
of
the
kind
by
which
the
Inferior
Clergy
were
warn'd
to
Parliament
[
†
](A26154-e98080-b)
†
See
p.
212.
,
where
as
I
have
shewn
that
it
went
out
in
the
22
E.
I.
if
not
earlier
;
and
have
brought
Vouchers
for
this
,
not
from
musty
Manuscripts
only
,
which
are
below
the
Dr's
care
,
but
even
from
his
Old
Friends
and
Acquaintants
,
our
Printed
Historians
.
And
Methinks
a
Man
so
Historically
inclin'd
as
He
is
,
might
have
known
what
Knighton
,
and
the
Annals
of
Worcester
say
on
this
occasion
.
But
to
let
this
Error
pass
,
as
a
common
one
;
yet
in
his
next
Article
,
where
he
pretends
to
compare
the
Clause
Premunientes
as
it
was
setled
15
E.
II.
with
the
same
as
it
is
now
[
†
](A26154-e98160-b)
†
P.
365.
,
his
Mistakes
are
unpardonable
.
For
whereas
he
tells
us
,
that
this
Clause
was
setled
15
E.
II.
it
is
true
neither
ways
;
since
long
before
this
it
was
setled
as
much
as
now
;
going
out
in
the
same
Terms
often
in
the
Latter
End
of
E.
the
I.
and
beginning
of
E.
II
:
And
long
after
his
15
th
.
Year
it
receiv'd
an
Alteration
that
has
by
some
been
thought
Material
;
for
the
Words
ad
faciendum
&
consentiendum
were
not
constantly
employ'd
,
but
turn'd
sometimes
into
ad
consentiendum
,
even
in
E.
the
III's
Reign
;
and
never
,
that
I
can
find
,
us'd
after
5
R.
II.
from
which
Time
to
Ours
the
Writ
has
ran
ad
cònsentiendum
only
.
The
Clause
Premunientes
therefore
was
not
perfectly
setled
till
threescore
years
after
15
E.
II.
But
that
is
not
all
;
for
neither
in
the
15
E.
II.
it
self
,
was
it
so
setled
as
Dr.
W.
represents
it
to
have
been
,
who
makes
it
to
premonish
Priorem
&
Capellanum
,
Ecclesiae
,
instead
of
Capitulum
;
and
repeats
this
senceless
Mistake
no
less
than
thrice
in
the
Compass
of
this
short
Clause
;
to
shew
us
that
it
was
not
the
Error
of
his
Pen
,
but
the
Effect
of
pure
Ignorance
.
It
seems
,
he
found
it
thus
set
down
in
an
III
Edition
of
the
Abridgment
of
Records
[
†
](A26154-e98340-b)
†
P.
2.
;
and
the
Errors
of
that
Book
too
are
all
sacred
with
him
.
Dr.
W's
Enemies
,
as
meanly
as
they
may
think
of
his
Abilitys
in
these
sort
of
studys
,
must
yet
allow
him
to
have
One
good
Property
of
an
Antiquary
;
for
he
copys
every
thing
with
great
nicety
,
and
religiously
transcribes
even
the
Verbal
Mistakes
of
those
Authors
he
deals
with
.
Whateever
Other
Alterations
he
is
for
,
You
shall
never
find
him
venturing
to
alter
a
faulty
Text
:
for
as
he
knows
no
Truth
,
that
is
not
in
Print
;
so
he
takes
every
thing
for
true
,
that
is
.
The
same
Evidences
of
his
Skill
meet
us
in
every
Article
;
for
again
,
Num.
III.
we
have
him
following
such
another
Blind
Guide
,
into
a
Mistake
as
gross
every
whit
,
as
the
former
For
he
recites
that
part
of
the
Old
Convocation
▪
writ
,
where
the
Constituent
Members
are
reckon'd
up
,
after
this
manner
—
Universos
&
singulos
Episcopos
vestrae
Provinciae
,
ac
Decanos
&
Praecentores
Ecclesiarum
Cathedralium
,
Abbates
,
&c.
Any
Man
that
had
ever
read
Two
of
these
Writs
must
have
known
,
that
Praecentores
here
should
be
Priores
;
and
without
having
seen
a
second
Writ
,
might
by
dint
of
Common
Sense
have
smelt
out
so
plain
an
Error
as
this
:
but
Dr.
Wake
found
the
word
thus
in
Fuller
[
†
](A26154-e98440-b)
†
Ch.
Hist.
XVI
.
Cent.
V.
Book
p.
190.
,
and
took
it
as
he
found
it
;
without
rasing
any
Scruples
to
himself
,
which
it
was
not
in
his
power
to
lay
.
After
all
,
when
Dr.
W.
makes
these
Praecentores
Ecclesiarum
Cathedralium
to
have
place
in
Convocation
,
he
speaks
a
greater
Truth
than
he
is
aware
of
.
For
there
are
a
Few
Instances
on
Record
,
when
they
were
really
call'd
up
thither
,
with
the
rest
of
the
Cathedral
Dignitaries
,
the
Chancelors
,
Treasurers
,
and
Capitular
Archdeacons
.
Thus
the
Case
was
twice
under
Edward
the
III.
in
his
25
th
.
[
†
](A26154-e98550-b)
†
See
Regist
.
Winchelsey
f.
142.
and
29
th
.
[
†
](A26154-e98580-b)
†
Ibid.
f.
147.
Years
,
when
the
Exigences
of
the
Church
requir'd
that
the
Clergys
Assemblys
should
be
Numerous
and
Full
;
and
when
it
was
in
the
Archbishops
Power
(
as
it
Then
was
)
to
summon
whom
he
pleas'd
to
the
Convocation
,
in
like
manner
as
the
King
could
to
the
Parliament
.
These
small
matters
were
not
worth
insisting
on
,
but
to
satisfy
the
Reader
how
unacquainted
Dr.
W.
is
with
the
Forms
of
all
sorts
of
Writs
,
either
for
the
Convocation
,
or
Parliament
,
i.
e.
indeed
with
the
first
Elements
and
Grounds
of
this
Controversy
;
which
can
never
be
rightly
understood
,
or
stated
,
without
an
Exact
knowledge
of
the
Nature
and
Kinds
of
these
Writs
,
and
the
several
Alterations
they
under
went
in
different
Ages
.
For
Dr.
W.
has
rightly
observ'd
,
that
at
first
these
Summons
were
very
properly
drawn
,
and
do
mark
out
to
us
the
Undoubted
Rights
of
those
to
whom
they
were
sent
,
as
they
were
allow'd
of
in
those
Antient
Times
[
†
](A26154-e98650-b)
†
P.
214.
,
which
holds
not
only
of
the
first
Draught
,
but
of
the
several
Changes
made
in
them
afterwards
.
And
if
so
,
it
is
very
wonderful
that
our
Author
,
when
he
was
about
to
state
the
Rights
and
Powers
of
the
Clergy
in
Convocations
and
Parliaments
,
should
not
above
all
things
have
studied
and
compar'd
these
Forms
,
and
endeavor'd
to
give
us
an
Exact
and
Particular
Account
of
them
.
A
few
Observations
of
this
kind
,
drawn
from
our
Manuscript
Registers
,
would
have
been
of
more
use
towards
setling
the
Point
in
Debate
,
than
Volumns
of
such
Common
Trash
as
he
has
produc'd
out
of
our
Printed
Historians
.
It
has
been
my
care
in
several
parts
of
this
Answer
to
make
up
this
Defect
of
Dr.
Wakes
,
as
far
as
the
Old
Collections
I
had
made
,
and
the
few
New
Opportunities
I
have
had
of
improving
my
knowledge
this
way
,
would
allow
of
.
Had
the
Way
to
these
Records
been
as
open
and
easy
to
me
as
it
was
to
Dr.
W.
I
would
have
endeavor'd
that
nothing
should
have
been
wanting
on
this
argument
.
The
Mistakes
I
have
hitherto
laid
open
in
this
Chapter
,
belong
only
to
the
Three
First
Articles
in
Dr.
W's
Appendix
:
of
the
Four
remaining
ones
,
the
Last
has
been
examin'd
throughly
already
;
and
upon
enquiry
we
have
found
,
that
from
the
beginning
to
the
end
,
there
is
scarce
a
true
Line
in
it
.
The
same
thing
I
have
assur'd
[
†
](A26154-e98730-b)
†
P.
355.
the
Reader
concerning
the
VI.
also
,
though
I
wav'd
the
Proof
of
it
,
because
it
would
be
Tedious
:
but
if
Dr.
W.
demands
it
,
it
shall
be
forthcoming
.
The
IV
th
.
and
V
th
.
are
barely
Copys
of
the
Submission-Act
,
and
of
K.
Charles
Commission
to
the
Convocation
in
1640
;
in
which
there
was
no
room
for
Ignorance
to
shew
it self
,
and
therefore
the
Mistakes
he
has
there
made
must
be
willful
ones
.
And
willful
ones
therefore
he
has
made
,
giving
us
such
deceitful
Transcripts
[
†
](A26154-e98810-b)
†
As
I
have
shewn
p.
85.
in
the
Margin
,
and
p.
96.
of
Both
these
Records
,
as
omit
some
of
the
most
Material
Parts
of
them
.
In
short
then
,
among
these
several
Vouchers
,
which
Dr.
W.
has
brought
to
credit
his
Work
,
there
is
not
one
that
does
not
some
way
or
other
blemish
it
,
and
betray
in
him
a
manifest
want
of
Skill
at
least
,
if
not
of
a
much
better
Quality
:
And
the
whole
Appendix
therefore
is
throughout
of
a
Piece
with
it self
,
and
with
the
Book
it
belongs
to
.
Here
his
Mistakes
lay
collected
to
our
Hand
;
but
there
are
many
more
to
the
same
purpose
scatter'd
through
his
Book
;
which
should
be
brought
together
and
represented
in
One
View
to
the
Reader
.
I
am
weary
,
and
hastning
to
Close
:
however
I
shall
give
him
a
sight
of
some
few
of
them
.
We
have
seen
already
how
the
Dr.
out
of
his
Especial
Grace
and
Mere
Motion
has
Summon'd
the
Praecentors
of
Cathedral
Churches
to
Convocation
:
which
was
very
Obliging
to
Them
;
but
not
very
kind
to
the
Priors
,
whom
he
left
out
,
to
make
room
for
them
.
He
is
as
Liberal
of
his
Favors
to
the
Lower
Clergy
too
,
for
he
tells
us
,
that
the
Convocation-Writ
calls
two
of
every
Archdeaconry
to
the
Synod
;
[
†
](A26154-e98960-b)
†
P.
150.
.
His
Own
Writs
in
the
Appendix
,
if
he
had
read
them
,
would
have
prevented
this
mistake
,
and
have
told
him
(
what
one
would
think
a
man
should
scarce
need
being
told
)
that
there
come
but
two
Proctors
from
the
Clergy
of
any
One
Diocese
(
for
Instance
,
that
of
London
)
though
there
happen
to
be
never
so
many
Archdeaconrys
in
it
.
The
Archdeaconrys
indeed
choose
two
a
Piece
:
but
out
of
Them
a
New
Choyce
is
made
of
two
to
represent
the
whole
Diocese
.
The
only
thing
that
can
keep
Dr.
W.
in
countenance
,
is
,
that
a
certain
Brother-Writer
of
his
,
a
Member
of
Convocation
,
knows
as
little
of
these
things
as
He
does
.
For
his
account
of
the
Bishops
Writ
,
is
,
that
it
commanded
Them
to
attend
,
accompany'd
with
the
Priors
,
Archdeacons
,
and
Proctors
of
the
Clergy
[
†
](A26154-e99030-b)
†
Nicolson
Hist.
Lib.
Vol.
3.
p.
66.
:
as
if
the
Premunites
had
Summon'd
all
the
Priors
,
and
no
Deans
!
But
how
can
we
expect
a
true
account
of
Writs
from
Him
who
gives
us
so
false
an
one
of
the
Books
which
they
are
contain'd
in
?
For
concerning
Dugdale's
Summons
thus
,
in
the
same
Page
,
he
instructs
us
;
that
it
is
a
perfect
Copy
of
all
Summons
of
the
Nobility
,
&c.
from
the
49
H.
III.
to
the
present
times
;
and
therein
also
(
he
says
)
we
shall
find
the
like
Mandates
for
the
Clergy
and
Commons
[
†
](A26154-e99170-b)
†
Nicolson
Hist.
Lib.
Vol.
3.
p.
66.
.
Which
shews
evidently
that
he
never
saw
the
Book
:
for
there
are
but
Two
Writs
in
it
for
the
Commons
,
and
not
One
for
the
Clergy
,
properly
so
call'd
,
that
is
,
for
the
whole
Body
of
them
.
But
I
remember
his
Words
of
Bale
(
such
another
Rash
and
Rude
Writer
)
,
who
had
misjudg'd
of
a
certain
Piece
—
The
Character
might
be
true
,
say
he
,
for
any
thing
(
perhaps
)
that
He
knew
;
but
't
is
that
Writers
way
,
to
give
accounts
of
Men
,
and
their
Labors
,
at
random
[
‖
](A26154-e99240-b)
‖
Vol.
1.
p.
177.
.
Words
,
which
had
Mr.
Nicholson
carry'd
in
his
Eye
throughout
the
Course
of
his
Work
,
it
would
have
been
much
shorter
,
and
much
better
than
it
is
at
present
:
the
Three
Parts
of
his
Historical
Library
would
have
shrunk
into
one
,
had
he
confined
himself
to
say
nothing
of
Books
,
but
what
he
knew
of
them
.
And
this
,
I
assure
him
,
is
a
Character
not
given
at
Random
!
But
not
to
loose
sight
of
our
Principal
Author
,
—
Dr.
W's
Nicety
and
Exactness
in
this
part
of
knowledge
appears
again
in
his
account
of
the
Persons
,
of
which
the
Lay
part
of
the
Parliament
was
antiently
compos'd
:
for
he
tells
us
,
that
in
the
6
E.
III.
the
Dukes
and
Barons
went
aside
to
consult
[
†
](A26154-e99350-b)
†
P.
219.
;
whereas
it
is
famously
known
,
that
there
was
no
Duke
in
England
till
the
11
th
.
of
E.
III.
when
the
Black
Prince
was
first
made
Duke
of
Cornwall
.
How
he
came
to
quote
the
Abridgment
of
Records
[
†
](A26154-e99420-b)
†
P.
11.
for
this
mistake
,
I
cannot
divine
;
where
there
is
not
a
word
of
Dukes
mention'd
,
any
more
than
there
is
of
that
Parliaments
being
call'd
for
the
Affairs
of
Scotland
,
for
which
also
Dr.
W.
very
gravely
vouches
it
.
In
Elsyng
[
⸪
](A26154-e99470-b)
⸪
P.
99.
indeed
these
Two
Mistakes
are
to
be
found
;
but
I
suppose
they
were
none
of
His
,
but
his
Printers
:
And
had
Dr.
W.
consulted
the
Abridgment
,
as
he
pretends
,
he
would
have
known
so
too
;
and
have
drop'd
this
learned
Remark
about
Dukes
,
and
the
Affairs
of
Scotland
.
If
we
ask
this
Knowing
Gentleman
,
what
the
Inferior
Clergy
are
Summon'd
to
Parliament
for
,
and
impower'd
by
their
Writ
to
do
,
he
will
tell
us
,
that
the
Parliament-Writ
Summons
them
to
come
to
Parliament
,
there
to
Treat
with
the
King
,
&c.
The
Convocation-Writ
calls
them
to
Consult
only
among
themselves
[
*
](A26154-e99580-b)
*
P.
229.
.
Whereas
again
his
Own
Appendix
,
faulty
as
it
is
,
would
have
truly
taught
him
,
that
the
Parliament-Writ
,
as
it
now
stands
,
summons
the
Inferior
Clergy
ad
consentiendum
,
not
ad
tractandum
;
and
the
Convocation-Writ
ad
tractandum
,
consentiendum
&
concludendum
,
not
to
consult
only
.
The
Last
of
these
does
expresly
summon
them
●o
Treat
,
and
yet
he
says
,
it
does
not
;
the
First
does
not
,
and
yet
he
tells
us
,
it
does
.
After
this
Wild
Account
of
the
Writs
to
the
Clergy
,
we
are
not
to
wonder
,
if
he
mistakes
as
much
in
those
to
the
Commons
;
the
Impowring
Words
of
which
,
he
assure
us
,
were
about
the
26
E.
III.
thus
alter'd
ad
tractandum
,
Consulendum
,
&
Faciendum
,
and
ran
so
,
on
to
the
46
th
.
of
the
same
King
,
when
they
were
again
worded
,
ad
faciendum
&
consulendum
,
and
so
have
continu'd
to
this
day
[
†
](A26154-e99710-b)
†
P.
213.
.
Every
particular
of
which
account
is
false
:
for
the
Writ
to
the
Commons
26
E.
III.
ran
ad
tractand
,
consulend
,
&
consentiend
.
[
*
](A26154-e99740-b)
*
Pryn.
P.
W.
V.
2.
pp.
92
,
94.
;
and
so
it
did
several
Years
before
this
,
viz.
in
the
21
E.
III.
[
†
](A26154-e99780-b)
†
Ibid.
95.
.
And
between
the
26
and
46
E.
III.
the
Phrase
frequently
varied
:
for
in
the
36
th
.
it
was
ad
consentiendum
only
[
⸪
](A26154-e99830-b)
⸪
Ib.
p.
107.
,
and
so
on
the
44
th
[
⸫
](A26154-e99860-b)
⸫
Ib.
p.
102.
,
when
it
chang'd
into
ad
consulend
.
&
consentiend
[
‖
](A26154-e99890-b)
‖
Ib.
p.
106.
.
And
in
the
46
th
.
it
ran
,
ad
faciend.
&
consentiend
.
(
not
consulend
)
[
(a)
](A26154-e99940-b)
(a)
Ib.
p.
(
113
)
.
.
And
thus
indeed
it
has
,
for
the
most
part
,
continu'd
to
this
day
:
However
not
always
;
for
as
low
as
the
7
th
.
of
R.
II.
it
call'd
them
ad
consentiendum
only
[
(b)
](A26154-e99990-b)
(b)
Ib.
p.
117.
.
I
defy
any
Man
to
make
more
Mistakes
in
so
few
Words
as
Dr.
W.
has
done
.
One
or
Two
of
them
,
I
find
,
he
has
with
Great
Industry
pick'd
out
of
the
Grand
Question
[
(c)
](A26154-e100020-b)
(c)
P.
156.
;
but
where
he
got
all
the
rest
,
I
cannot
imagin
.
P.
104.
He
makes
it
a
doubt
,
whether
the
setled
number
of
the
Inferior
Clergy
,
call'd
by
the
Bishops
Writ
,
was
deriv'd
from
thence
into
the
Convocation-Writ
,
or
from
the
Convocation-Writs
into
those
of
Parliament
:
which
is
,
in
effect
,
to
doubt
,
whether
the
Deans
,
Archdeacons
,
Capitular
and
Rural
Proctors
were
call'd
to
Convocation
,
before
the
Bishops
Writ
had
that
Clause
in
it
.
And
he
who
doubts
of
this
,
puts
it
beyond
a
Doubt
,
how
far
He
is
qualify'd
to
write
on
this
subject
.
The
49
th
.
of
H.
the
III.
is
not
more
famous
for
sheathing
the
Old
Barons
Swords
,
than
for
Exercising
the
Pens
of
our
Modern
Writers
.
Much
has
been
said
of
it
in
relation
to
the
Parliamentary
Interest
of
the
Commons
Temporal
;
Dr.
W.
seems
to
make
it
the
Aera
of
that
of
the
Commons
Spiritual
too
;
for
thus
he
speaks
of
it
.
Whereas
before
the
49
th
.
of
H.
III.
only
the
Bishops
and
Abbots
,
who
held
of
the
King
by
their
Baronys
were
wont
to
be
summon'd
to
Parliament
;
in
that
Year
,
when
the
Commons
began
to
be
call'd
,
several
of
the
Inferior
Clergy
were
also
call'd
together
with
them
;
and
that
,
for
ought
appears
,
in
a
larger
Proportion
than
the
Laity
themselves
were
[
†
](A26154-e100160-b)
†
P.
209.
.
Here
are
two
Assertions
,
in
the
last
of
which
he
is
kinder
to
his
Function
than
will
consist
with
Truth
,
and
in
the
First
not
so
just
as
he
ought
to
be
.
For
long
before
the
49
th
.
of
H.
III.
not
Bishops
and
Abbots
only
,
but
(
I
hope
)
some
Priors
too
,
were
call'd
to
Parliament
.
We
will
suppose
him
to
have
comprehended
These
,
under
Abbats
;
yet
even
thus
his
account
is
very
defective
.
For
not
those
Abbats
and
Barons
only
,
who
held
by
Barony
,
were
call'd
,
but
many
more
than
these
;
and
oftentimes
the
whole
Order
.
The
first
Parliamentary
Summons
left
[
†
](A26154-e100230-b)
†
6.
Ioh.
calls
all
the
Abbats
and
Priors
of
the
Diocese
together
with
the
Bishop
of
it
:
and
the
Priores
Installati
,
&
plenum
sub
se
Conventum
habentes
,
are
(
I
have
shewn
already
)
several
times
mention'd
by
Paris
,
as
having
a
General
Call
to
Parliament
.
Who
speaks
also
not
seldom
of
the
Decani
,
Archidiaconi
,
[
†
](A26154-e100280-b)
†
And
so
Annals
of
Burton
.
See
Pp.
301
,
302.
of
this
Book
.
&
aliae
Ecclesiasticae
Personae
as
present
.
Dr.
W.
who
would
be
thought
to
know
All
our
Historians
so
intimately
,
should
methinks
have
had
some
sort
of
acquaintance
with
the
best
of
them
,
M.
Paris
:
at
least
he
should
not
,
till
he
had
read
him
,
have
ventur'd
to
determin
any
thing
concerning
the
Constituent
Members
of
the
Great
Councils
in
H.
the
III's
time
,
of
which
we
have
no
where
so
just
an
account
as
in
that
accurate
Writer
.
But
he
makes
his
Order
amends
in
what
follows
:
for
in
the
49
th
.
H.
III.
(
it
seems
)
when
the
Commons
began
to
be
call'd
,
several
of
the
Inferior
Clergy
were
also
call'd
together
with
them
,
and
that
,
for
ought
appears
,
in
a
Larger
Proportion
than
the
Laity
themselves
were
.
Were
they
so
?
How
came
then
our
Historys
and
Records
not
to
have
mention'd
it
?
From
none
of
which
can
it
be
certainly
learnt
,
that
there
were
any
of
the
Clergy
call'd
to
this
Meeting
,
below
Abbats
and
Priors
,
but
five
Deans
only
.
It
may
be
,
many
of
Inferior
Rank
might
be
summon'd
too
:
but
if
they
were
,
't
is
more
than
can
be
prov'd
;
for
there
is
not
,
I
believe
,
the
least
Hint
of
such
a
Summons
remaining
:
sure
we
are
,
that
they
could
not
be
call'd
up
in
the
same
way
that
was
afterwards
practis'd
,
for
the
Bishops
Writ
of
that
Year
is
on
record
,
and
has
no
Warning
Clause
in
it
.
But
it
may
be
,
the
Abbats
,
Priors
,
(
and
Deans
)
that
held
not
by
Barony
,
are
Dr.
W.'s
Inferior
Clergy
:
let
them
be
so
,
their
Number
in
this
Instance
did
not
amount
to
above
Eighty
;
whereas
the
Knights
,
Citizens
,
Burgesses
,
and
Barons
of
the
Cinque
Ports
must
have
been
four
or
five
times
that
Number
.
Whence
he
drew
this
Piece
of
History
therefore
,
I
cannot
divine
.
The
Learned
Person
,
[
†
](A26154-e100480-b)
†
Dr.
Brady
I
am
sure
,
whom
he
vouches
for
it
,
in
his
Margin
,
has
not
a
Letter
this
way
,
in
the
Pages
cited
:
but
he
thought
the
Reverence
Men
had
for
the
Character
of
that
most
Knowing
Antiquary
,
would
have
made
them
take
every
thing
implicitly
for
Truth
,
to
which
his
Name
was
set
,
and
have
prevented
all
further
Enquirys
.
In
what
Place
the
Clergy
call'd
to
Parliament
met
,
Dr.
W.
professes
himself
not
to
have
found
[
*
](A26154-e100540-b)
*
P.
221.
;
but
he
thinks
it
not
improbable
,
that
it
may
have
been
at
St.
Pauls
,
because
their
Other
Convocations
were
usually
held
there
[
*
](A26154-e100570-b)
*
P.
221.
.
But
I
think
it
very
improbable
,
that
while
they
were
,
strictly
speaking
,
a
Member
of
Parliament
,
they
should
meet
so
far
from
the
Place
,
where
it
open'd
and
sat
;
as
improbable
,
as
that
the
Commons
should
have
met
at
the
same
Distance
from
the
Lords
.
Westminster
Abby
was
somewhat
nearer
,
and
more
convenient
;
and
if
the
Commons
had
the
Use
of
the
Chapter
House
there
,
we
may
reasonably
believe
,
that
the
Clergy
too
were
accommodated
with
some
Other
Room
in
that
Monastery
;
as
indeed
they
antiently
were
:
for
sometimes
we
hear
of
them
in
the
Capella
Monachorum
infirmorum
[
(a)
](A26154-e100620-b)
(a)
Hoveden
ad
ann.
1194.
p.
735.
In
Conc●lio
Northampt
.
vide
Benedict
.
Abb.
Apud
Cotton
Reliq.
p.
212.
,
which
is
call'd
also
Capella
Sta.
Catharinae
.
[
(b)
](A26154-e100680-b)
(b)
Diceto
inter
X
Scriptores
c.
589.
;
and
sometimes
in
the
Capella
Sti.
Iohannis
Evangelistae
.
[
(c)
](A26154-e100720-b)
(c)
M.
Par.
ad
ann.
1244.
p.
640.
,
when
the
Parliament
,
we
find
,
was
open'd
,
and
all
the
States
of
it
came
together
,
in
Refectorio
Monachorum
[
(d)
](A26154-e100750-b)
(d)
M.
Par.
ibid.
,
and
continu'd
so
to
do
,
for
at
least
Fifty
Years
afterwards
:
for
Math.
of
Westminsters
Relation
in
1294
implys
,
that
that
was
Then
the
place
,
where
the
Spiritual
and
Lay
part
of
the
Parliament
met
one
another
[
(e)
](A26154-e100790-b)
(e)
Congregatis
in
Refectorio
Monachorum
Westm.
Surgens
unus
Miles
Ioannes
de
Havering
dictus
in
medio
eorum
,
dicebat
,
Viri
Venerabiles
,
&c.
p.
422.
.
Upon
the
Division
of
the
Two
Houses
,
the
Commons
sat
in
the
Chapter-house
of
the
Abbat
of
Westminster
:
Dr.
W.
observes
that
this
is
mention'd
in
the
Abridgment
of
Records
,
50
E.
III
;
and
might
have
observ'd
,
how
it
is
mention'd
there
,
as
the
accustom'd
(
or
rather
,
as
the
Roll
it self
speaks
,
the
Antient
[
*
](A26154-e100920-b)
*
Aunciene
place
.
)
Place
of
their
assembling
;
which
implys
them
to
have
sat
there
probably
from
the
time
of
their
Separation
.
Not
many
Years
after
this
,
they
seem
to
have
exchang'd
this
Place
with
the
Clergy
,
and
to
have
sat
themselves
in
the
Refectory
of
the
same
Abby
,
for
in
the
9
H.
V.
the
Chapterhouse
appears
to
have
been
the
Place
of
Reception
for
the
Convocation
Clergy
[
*
](A26154-e100960-b)
*
See
Wals.
Hist.
Angl.
ad
ann.
1421.
;
and
in
the
4
H.
V.
the
Rolls
say
,
Le
Chanceleur
per
commandment
du
Roy
assigna
a
les
ditz
Chivalers
,
Citizeins
,
&
Burgeoises
une
Maison
appellee
le
Froitour
dedeinz
L'abbee
de
Westminster
,
a
tenir
en
y●elle
leur
Counseilles
&
Assemblees
:
and
in
the
6
H.
VI.
it
is
said
to
be
the
place
,
where
the
Commons
ordinarily
sat
[
‖
](A26154-e101040-b)
‖
The
Roll
goes
further
,
and
says
,
Eorum
Domus
Communis
antiquitùs
usitata
.
,
in
a
Manuscript
of
Mr.
Petyt
,
printed
by
Bishop
Burnet
[
†
](A26154-e101090-b)
†
Hist.
Ref.
Vol.
1.
Coll.
of
Rec.
p.
100.
.
But
though
the
Place
of
their
Meeting
puzzles
him
,
yet
the
Time
,
it
seems
,
does
not
;
for
as
to
That
,
he
informs
us
,
that
the
Clergy
who
met
by
vertue
of
the
Convocation-Writ
in
Parliament
time
,
came
together
heretofore
on
some
Other
Day
than
that
on
which
the
Parliament
began
[
†
](A26154-e101170-b)
†
P.
224.
.
He
knows
not
,
it
seems
,
that
they
have
done
so
a
late
too
,
and
that
the
Custom
for
an
Age
and
half
was
for
them
to
assemble
the
Day
after
the
Parliament
.
This
Usage
began
in
the
time
of
H.
the
VIII
th
.
and
was
then
often
practis'd
;
but
not
regularly
fix'd
till
toward
the
latter
End
of
his
Reign
:
from
which
time
to
the
late
Revolution
it
held
;
and
from
thence
the
Parliament
and
Convocation-Writs
have
Summon'd
to
the
very
same
day
;
which
has
joyn'd
these
two
Bodys
yet
more
closely
than
formerly
,
in
their
Summons
,
though
their
Assemblys
at
the
same
time
are
more
than
ever
divided
.
My
Lord
of
Sarum
therefore
had
not
well
consider'd
this
matter
,
when
he
said
,
that
it
was
the
Custom
of
all
H.
the
VIII's
Reign
for
the
Convocation
to
meet
two
or
three
days
after
the
Parliament
[
†
](A26154-e101270-b)
†
Vol.
1.
p.
213.
.
For
besides
that
it
sometimes
met
before
it
,
(
for
instance
,
in
1511/2.
the
Convocation
came
together
,
Feb.
2.
[
*
](A26154-e101300-b)
*
Registr.
Hadr.
de
Castello
.
the
Parliament
not
till
Feb.
4.
[
†
](A26154-e101330-b)
†
D●gd
.
Summ.
3
H.
8
th
.
)
the
very
Instance
upon
which
his
Lordship
produces
this
Observation
,
destroys
it
;
for
the
Convocation
of
1536.
began
Iune
9
th
.
the
Parliament
,
Iune
the
8
th
.
And
indeed
near
half
the
Convocations
in
that
Princes
time
met
(
as
they
did
till
the
present
Reign
)
nicely
the
day
after
the
Parliament
,
as
will
appear
by
particularly
comparing
the
Dates
of
both
of
them
.
Parliament
Met
,
-
1514
1514/5
5
Feb.
5.
Dugd.
Sum.
-
1515
Nov.
12.
Ibid.
-
1536
Iune
8.
Ibid.
-
1540
Apr.
12.
Bp.
Burnet
V.
1.
p.
274.
-
1544
1544/5
5
Ian.
30.
Dugd.
-
1545
Nov.
23.
Ibid.
-
1546
1546/7
7
Ian.
14.
Ibid.
Convocation
Met
,
-
Feb.
6.
Registr.
Warham
.
-
Nov.
13.
Registr.
Hadr.
de
Cast.
-
Iune
9.
Ibid.
-
Apr.
13.
Registr.
Cranmer
.
-
Ian.
31.
Ibid.
-
Nov.
24.
Ibid.
-
Ian.
15.
Ibid.
And
the
same
Distance
of
Time
was
often
also
observ'd
both
in
Proroguing
and
Dissolving
that
Princes
Convocations
and
Parliaments
.
As
to
the
Authority
by
which
the
Clergy
were
conven'd
,
Dr.
W.
affords
us
as
little
light
in
That
Point
too
as
in
any
of
the
former
.
He
recites
the
Opinion
of
some
who
think
that
after
the
statute
of
Premunire
in
1393.
our
Archbishops
left
off
to
summon
Convocations
by
their
Own
Authority
,
and
call'd
them
only
at
the
King's
Command
[
†
](A26154-e101950-b)
†
Pp.
240
,
241.
:
but
in
this
account
,
he
says
,
he
is
not
altogether
satisfied
.
Had
he
any
manner
of
Knowledge
of
these
things
,
he
would
not
be
at
all
satisfy'd
with
it
.
For
as
in
Fact
it
is
certain
,
that
the
Archbishop
after
this
time
summon'd
Convocations
frequently
by
his
Own
Authority
,
so
it
is
clear
in
point
of
Law
,
that
he
had
as
much
Right
to
do
it
,
after
the
Statute
of
Premunire
,
as
before
it
;
there
being
no
Clause
,
or
Word
in
that
Act
,
that
can
be
suppos'd
to
restrain
His
Power
in
this
particular
.
Indeed
had
the
Archbishop
,
whenever
he
call'd
a
Convocation
without
the
King
's
Writ
,
done
it
by
a
Legatin
Authority
(
as
Dr.
W.
represents
him
to
have
done
[
*
](A26154-e102010-b)
*
P.
241
,
199.
)
there
would
have
been
some
Ground
to
think
that
the
Premunire
Act
might
have
laid
a
Restraint
upon
him
.
But
this
is
another
of
Dr.
W's
mistakes
:
for
the
Archbishop
needed
no
Help
from
his
Legatin
Character
to
convene
the
Clergy
of
his
Province
;
which
he
was
sufficiently
impower'd
to
do
as
Metropolitan
,
by
the
Old
Canons
of
the
Church
,
receiv'd
and
allow'd
in
this
Kingdom
.
And
accordingly
by
this
Metropolitical
Power
,
the
Archbishops
all
along
call'd
Provincial
Councils
,
before
any
of
them
were
the
Popes
Legates
,
which
from
St.
Austin
down
to
(
Theobald
say
some
[
*
](A26154-e102110-b)
*
Ant.
Brit.
p.
127.
to
)
William
de
Corboyl
(
say
others
[
†
](A26154-e102140-b)
†
Gervasii
Act
Pont
Cant.
X
Script
.
col.
1663.
none
of
them
were
.
He
indeed
,
by
vertue
of
his
New
Character
,
summon'd
the
Archbishop
of
York
,
and
all
the
Clergy
of
that
Province
[
⸪
](A26154-e102160-b)
⸪
Ibid.
&
Continuator
Florentii
Wig.
ad
ann.
1127.
to
his
Councils
;
and
One
of
his
Successors
[
‖
](A26154-e102170-b)
‖
Hubert
.
,
who
is
suppos'd
by
some
to
have
got
the
Title
of
Legatus
natus
for
ever
annex'd
to
his
See
,
did
Iure
Legationis
visit
York
Province
[
†
](A26154-e102220-b)
†
Hoveden
ad
ann.
1195.
.
And
in
order
to
these
Extraprovincial
Acts
of
Jurisdiction
,
the
Legatine
Authority
was
indeed
needful
.
For
tho'
it
had
been
solemnly
determin'd
in
favour
of
Lanfrank
by
the
Great
Council
of
the
Kingdom
[
⸫
](A26154-e102270-b)
⸫
Diceto
de
Archi.
Cant.
p.
685.
,
that
the
See
of
York
should
be
subject
to
that
of
Cant.
and
the
Archbishop
of
the
One
obey
the
Conciliary
summons
of
the
other
;
yet
was
not
this
Decision
long
observ'd
,
the
Archbishop
of
York
soon
finding
means
to
get
rid
of
it
,
and
to
assert
the
Independency
of
his
See
.
But
as
to
the
Ordinary
Acts
of
Metropolitical
Power
(
One
of
which
was
the
calling
of
the
Clergy
of
his
Province
together
at
Times
prescrib'd
by
the
Canons
)
the
Archbishop
had
no
more
want
of
a
Legatine
Character
,
to
qualify
him
for
the
Exercise
of
them
,
than
a
Private
Bishop
had
(
or
now
has
)
for
summoning
a
Diocesan
Synod
;
nor
was
it
,
as
the
Law
then
stood
,
any
more
an
Encroachment
upon
the
Royal
Authority
.
Dr.
W.
therefore
is
not
very
kind
to
the
Memory
of
our
Archbishops
,
nor
a
Friend
to
the
Antient
Libertys
of
this
Church
,
when
he
asserts
,
that
all
those
Synods
which
the
Metropolitan
call'd
without
a
Writ
from
the
King
,
were
Legatine
;
and
upon
that
notion
,
dates
the
Disuse
of
them
(
at
least
as
to
their
frequency
)
from
the
Statute
of
Premunire
,
which
did
no
ways
,
and
could
no
ways
affect
them
.
For
after
this
Statute
most
of
Arundel's
Synods
met
by
the
Archbishop's
Writ
only
;
as
Dr.
W.
[
†
](A26154-e102380-b)
†
P.
280.
himself
tells
us
from
Harpsfield
,
and
might
have
told
us
yet
more
authentickly
from
that
Archbishop's
Register
yet
remaining
.
This
account
of
Harpsfield
puts
him
upon
fixing
on
a
New
Aera
;
and
now
therefore
he
will
have
it
,
that
about
the
End
of
Arundel's
time
the
King
began
wholly
to
assume
this
Power
;
and
this
he
thinks
to
be
no
Improble
Conjecture
of
Fuller
our
Church-Historian
[
‖
](A26154-e102460-b)
‖
P.
230.
.
When
the
Authority
of
a
Conjecture
of
Fuller's
is
appeal'd
to
,
one
may
be
sure
that
both
Authoritys
and
Reasons
run
low
with
him
.
Let
us
ballance
the
Authority
of
a
Conjecture
of
One
Church
Historian
with
the
Records
printed
by
another
[
†
](A26154-e102480-b)
†
Bishop
Burnet
.
at
the
End
of
his
first
Volumn
.
Amongst
which
One
of
the
first
that
meets
us
,
[
†
](A26154-e102500-b)
†
P.
6.
is
,
a
Mandate
for
a
Convocation
issu'd
out
by
Archbishop
Warsham
in
1509
,
without
the
Recital
or
Mention
of
any
Previous
Writ
from
the
King
to
that
purpose
.
This
Instance
I
have
particularly
pitch'd
upon
,
because
Dr.
W.
has
strengthned
this
Guess
of
Fuller's
by
another
of
his
Own
;
concluding
from
the
Assertion
in
the
Submission-Act
,
that
the
Convocation
certainly
met
by
the
King
's
Writ
all
H.
the
VIII's
time
,
and
for
some
considerable
time
before
[
*
](A26154-e102570-b)
*
P.
231.
;
whereas
this
Synod
in
the
first
Year
of
that
Prince
met
,
as
far
as
appears
,
by
no
Provincial
Summons
,
but
what
was
from
the
Archbishop
only
.
How
the
Clergy
,
when
met
either
in
Convocation
or
Parliament
,
consulted
,
is
another
Curious
Part
of
Knowledge
which
Dr.
W.
endeavors
a
little
,
and
but
a
little
,
to
supply
us
with
.
Something
he
says
of
the
Spiritualty
sitting
and
acting
separately
from
the
Lay-part
of
the
Parliament
[
†
](A26154-e102620-b)
†
P.
221.
,
and
something
he
seems
to
hint
of
the
Inferior
Clergys
sitting
apart
from
the
Bishops
after
they
had
a
Prolocutor
of
their
own
[
†
](A26154-e102640-b)
†
P.
220.
.
And
this
is
all
he
knows
of
the
matter
.
I
will
add
a
few
Particulars
on
this
Head
which
a
man
of
his
Research
methinks
should
have
been
no
stranger
to
.
That
the
Clergy
in
Synod
,
whether
meeting
with
a
Parliament
,
or
at
different
times
from
it
,
sat
ordinarily
together
for
many
Reigns
after
the
Conquest
,
is
pretty
well
agreed
on
:
the
Like
Practise
of
Parliaments
proves
it
,
and
the
Phrase
of
our
Elder
Historians
,
who
speak
of
the
Clergy
always
,
as
meeting
in
some
One
Particular
Place
,
without
giving
us
the
Names
of
several
Rooms
in
which
they
sat
apart
,
or
intimating
that
they
usually
subdivided
.
The
Canon
[
†
](A26154-e102670-b)
†
See
it
in
Malmsbury
ad
ann.
1075.
made
in
Lanfrank's
time
to
restrain
all
under
Abbats
from
speaking
in
Synod
without
the
Metropolitans
Leave
,
implys
that
the
Greater
and
the
Lesser
Clergy
then
sat
together
:
so
does
the
Account
in
M.
Paris
[
*
](A26154-e102720-b)
*
Ad
ann.
1256.
of
a
Synod
in
his
time
call'd
by
Rustandus
,
where
Magister
Leonardus
(
an
Inferior
Clergyman
)
is
term'd
quasi
Cleri
Advocatus
,
&
Prolocutor
Universitatis
[
†
](A26154-e102770-b)
†
P.
920.
l.
10.
And
in
another
place
it
is
said
of
him
.
In
cujus
Ore
posita
fuerunt
Verba
Episcoporum
exponenda
p.
918.
l.
6.
It
seems
,
he
was
deputed
to
deliver
the
sense
of
the
whole
Synod
,
both
of
the
Upper
and
Lower
part
of
it
;
who
therefore
,
we
may
presume
,
now
sat
and
debated
together
.
The
Custom
also
of
Bishops
sending
Inferior
Clergymen
to
represent
them
,
though
it
held
long
after
the
Convocation
divided
,
yet
to
be
sure
had
its
rise
when
they
were
together
,
and
proves
that
originally
they
thus
sat
.
Indeed
when
the
Archdeacons
came
with
Procuratoria
from
the
Inferior
Clergy
(
as
they
often
did
till
E.
the
first
's
time
)
't
is
not
to
be
believ'd
that
they
separated
from
the
Greater
Prelates
,
but
deliberated
and
voted
with
them
,
as
the
Knights
of
Shires
did
at
first
with
the
Barons
[
‖
](A26154-e102810-b)
‖
See
a
Record
to
this
purpose
in
Dr.
Brady
's
Introduction
Ap.
p.
29
and
p.
37.
.
Not
that
the
several
Ranks
of
the
Clergy
did
not
even
then
act
separately
upon
occasion
:
The
Instance
of
the
Council
of
Winchester
,
in
Malmsbury
[
*
](A26154-e102870-b)
*
Ad
ann.
1142.
Hist.
Nov.
is
a
plain
proof
of
this
;
at
which
he
tells
us
,
the
Legat
consulted
with
the
Bishops
,
the
Abbats
,
and
the
Archdeacons
severally
;
and
informs
us
withal
,
that
He
himself
was
present
in
this
Council
[
†
](A26154-e102900-b)
†
Cujus
Concilii
Actioni
quia
interfui
,
integram
Veritatem
Rerum
Posteris
non
negabo
.
From
whence
also
one
would
guess
,
that
more
of
the
Inferior
Clergy
were
there
,
than
are
in
the
General
Division
of
the
Members
expressed
;
unless
we
shall
say
that
Malmsbury
came
as
the
Proxy
of
his
Absent
Abbat
.
so
that
his
account
is
to
be
depended
on
.
When
the
Proctors
of
the
Capitular
and
Diocesan
Clergy
came
to
be
a
certain
and
standing
part
of
these
Councils
,
(
as
they
did
in
the
13
th
.
Century
)
they
too
sometimes
consulted
a
a
part
,
and
made
as
it
were
a
distinct
State
by
themselves
.
Thus
we
are
told
of
Two
several
Convocations
in
the
Year
1296.
by
the
Chronicle
of
Dunstable
[
†
](A26154-e102950-b)
†
MS.
in
Biblioth
.
Cotton
.
Tiberius
.
A.
10.
,
(
written
at
that
very
time
)
Congregatio
divisa
erat
in
Quatuor
Ordines
,
sive
Turmas
;
Episcopi
scilicet
&
eorum
Procuratores
seorsùm
,
Decani
,
Cathedrales
&
Archidiaconi
seorsùm
,
Abbates
,
Priores
,
&
alii
Praelati
seorsùm
,
Procuratores
Communitatis
Cleri
seorsiùm
.
Into
such
Committees
as
these
the
Convocation
,
I
suppose
,
subdivided
all
along
,
down
from
these
Times
to
the
very
Reformation
,
as
often
as
there
was
occasion
for
it
;
though
for
the
greater
part
of
that
Period
,
they
ordinarily
sat
and
consulted
together
in
Two
Bodys
,
as
they
do
(
I
mean
,
should
do
)
at
this
day
.
In
Arundel's
Register
[
*
](A26154-e103020-b)
*
Archiepiscopus
consultis
separatim
Episcopis
—
ad
Oct.
8.
1399.
Iterùm
ad
ann.
1396.
therefore
we
find
,
the
Bishops
often
treating
separately
from
the
Abbats
and
Priors
;
and
in
one
of
Chichley's
Synods
[
‖
](A26154-e103050-b)
‖
A
o.
1438.
See
Duck
's
Life
of
Chichley
.
,
it
appears
that
the
Proctors
of
the
Inferior
Regular
Clergy
granted
subsidys
(
and
therefore
,
we
may
presume
,
consulted
about
them
)
apart
from
the
Diocesan
Clergy
.
And
as
low
as
1529.
in
the
Acts
of
the
Synod
of
that
Year
this
passage
occurs
[
‖
](A26154-e103090-b)
‖
Sess.
4.
.
Exclusis
omnibus
praeter
Suffraganeos
,
Reverendissimus
habuit
Communicationem
[
*
](A26154-e103110-b)
*
In
MS
o.
Convocationem
.
cum
eïs
.
Intraverunt
postèa
Abbates
—
Illis
Exeuntibus
,
intraverunt
Fratres
Mendicantes
quatuor
Ordinum
;
cum
quibus
Reverendissimus
habuit
seriam
communicationem
.
Posteà
ingressus
est
Prolocutor
cum
quibusdam
de
Clero
.
—
At
what
time
the
Two
Houses
of
Convocation
divided
,
is
not
easy
to
say
;
but
it
was
not
,
I
believe
,
till
after
the
Commons
had
separated
from
the
Lords
:
and
therefore
in
all
E.
the
II's
Reign
,
and
in
the
beginning
of
E.
III.
the
Petitions
are
made
to
the
Archbishops
,
and
Bishops
,
and
run
in
the
name
of
Religiosi
&
Clerus
[
†
](A26154-e103190-b)
†
See
an
Instance
in
Dene
's
Hist.
Ross.
Angl.
Sacr.
Vol.
1.
p.
363.
and
here
in
the
Appendix
,
Numb
.
XV.
;
under
which
style
all
of
the
Convocation
below
Bishops
are
comprehended
.
In
the
last
Year
of
Edward
the
III.
some
Expressions
in
Sudbury's
Register
[
†
](A26154-e103260-b)
†
In
Conv.
4.
Nov.
Feb.
1376.
seem
to
intimate
that
this
Division
had
obtain'd
(
if
at
least
my
Extract
do
not
mislead
me
)
:
but
a
formal
mention
of
the
Inferior
Domus
Convocationis
,
and
of
a
setled
Prolocutor
is
not
,
I
think
,
to
be
found
in
the
Registers
,
till
sometime
afterwards
:
Though
the
Mere
silence
of
such
imperfect
and
scanty
Records
is
by
no
means
sufficient
to
establish
a
Negative
;
all
the
Notices
we
now
have
of
this
kind
,
being
short
Entrys
only
,
made
by
the
Archbishops
Registrary
;
who
was
no
more
careful
to
record
what
related
to
the
Honor
or
Priviledges
of
the
Inferior
Clergy
,
than
the
Clark
of
Parliament
appears
antiently
to
have
been
in
relation
to
the
Commons
.
For
in
those
Days
neither
the
Lower
House
of
Convocation
,
nor
Parliament
kept
distinct
Acts
of
their
own
:
and
when
the
Clergy
first
began
to
do
it
,
we
know
not
certainly
,
though
from
the
Acts
of
the
Convocation
1
o.
E.
VI.
[
†
](A26154-e103340-b)
†
In
the
Book
call'd
Synodalia
.
it
appears
that
they
then
had
a
Separate
Actuary
;
which
is
as
high
as
we
have
any
Iournals
for
the
Commons
[
*
](A26154-e103380-b)
*
Though
Mr.
Nicolson
Vol.
3.
p.
51.
tells
us
of
a
Iournal
of
theirs
,
throughout
H.
the
VIII
.
Reign
,
now
in
the
Cotton
Library
:
such
a
Iournal
is
,
I
dare
say
,
in
no
other
Library
,
but
his
Own
Historical
one
,
to
be
found
,
where
there
is
indeed
a
Great
Collection
of
such
kind
of
Curiositys
.
,
though
6
to
Hci
8
vi
,
the
Book
of
the
Clerk
of
Parliament
appointed
,
or
to
be
appointed
for
the
Common
House
,
be
in
a
statute
[
†
](A26154-e103510-b)
†
C.
16.
of
that
Year
mention'd
.
After
the
Separation
of
the
two
Houses
of
Convocation
was
fix'd
,
we
scarce
ever
find
them
Treating
and
Resolving
together
in
Body
,
upon
any
Occasion
.
But
if
any
thing
hapned
that
requir'd
Joynt-Counsels
,
their
way
was
to
transact
it
in
a
Committee
of
both
Houses
;
wherein
the
Number
of
the
Inferior
Clergy
exceeded
that
of
the
Greater
Prelates
.
For
instance
,
a
Grand
Committee
in
1408.
Ian.
25.
[
‖
](A26154-e103550-b)
‖
Registr.
Arundel
.
consisted
of
six
Bishops
,
twelve
Abbots
and
Priors
,
and
of
twenty
four
from
the
Lower
House
,
i.
e.
I
suppose
of
six
from
the
four
Ranks
or
Degrees
of
Clergy
which
compos'd
it
;
Deans
,
Archdeacons
,
Proctors
of
Chapters
,
and
Dioceses
.
The
Resolutions
of
the
Lower
House
were
communicated
to
the
Upper
by
their
Prolocutor
,
attended
with
some
of
their
Members
,
More
or
Less
,
as
the
Importance
of
the
Message
seem'd
to
require
;
and
sometimes
(
for
instance
,
when
they
presented
their
Subsidys
,
or
Grievances
;
which
they
generally
did
together
)
the
whole
House
came
up
with
them
.
And
whatever
they
had
to
offer
in
Writing
,
or
by
Word
of
Mouth
,
they
did
it
standing
always
,
the
Prelates
in
the
mean
time
being
Seated
.
Most
of
the
Business
of
Convocation
took
its
Rise
from
the
Lower
House
;
there
,
regularly
Taxes
were
first
agreed
on
,
there
Articles
of
Reformation
where
drawn
;
in
preparing
which
as
they
had
a
nearer
Interest
,
so
had
they
more
Leisure
for
it
,
than
those
of
the
Upper
House
,
who
were
call'd
upon
often
to
attend
the
Parliament
,
and
were
forc'd
to
adjourn
often
for
that
reason
;
the
Inferior
Clergy
continuing
to
sit
all
that
while
,
and
do
Business
[
†
](A26154-e103620-b)
†
Die
Lunae
praesens
Archiepiscopus
propter
Parliamenti
Negotia
venerabilibus
Fratribus
sibi
assidentibus
prorogavit
ad
diem
Veneris
—
&
demandavit
aliis
Praelatis
&
Clero
quòd
singulis
diebus
interim
ad
dictum
locum
convenirent
&
laboratent
circa
reformanda
&
Articulos
conciperent-Registr
.
Arundel
in
Conv.
10.
Maii
1406.
And
when
they
adjourn'd
,
it
was
sometimes
their
Own
Act
,
but
oftner
at
the
Command
of
the
Archbishop
.
This
Power
belong'd
to
him
acourse
when
the
Two
Houses
were
united
;
and
he
preserved
it
after
they
were
separated
.
I
have
added
these
Particulars
,
that
I
might
not
barely
trace
Dr.
W's
Mistakes
(
which
is
too
Dry
,
and
too
Humble
a
Task
)
but
might
with
all
make
my
Proofs
of
his
Ignorance
as
instructive
as
I
could
to
the
Reader
.
Whether
the
Clergy
call'd
to
Parliament
by
the
Premunientes
consulted
with
the
Laiety
,
or
by
Themselves
,
is
a
Point
that
the
Dr.
has
left
doubtful
.
But
the
Great
Record
in
Ryleys
Placita
[
†
](A26154-e103690-b)
†
See
part
of
it
App.
Numb
.
XII
will
,
I
judge
,
go
a
good
way
towards
clearing
it
.
For
as
we
may
be
pretty
certain
from
thence
,
that
the
Clergy
made
their
appearance
in
Parliament
,
upon
the
first
Opening
it
(
for
why
else
should
their
Proxys
be
all
Register'd
in
the
Records
of
that
Meeting
?
)
so
have
we
good
Ground
also
to
believe
from
thence
,
that
they
divided
afterwards
,
and
consulted
by
themselves
;
since
their
Proxys
are
entred
,
not
promiscuously
,
but
apart
from
those
of
the
Laiety
.
The
Bishop
of
Winton
therefore
,
we
may
observe
,
sends
up
the
Archdeacon
of
Surry
,
as
his
Proxy
;
and
yet
tha●
Archdeacon
makes
a
Proctor
for
Himself
:
which
he
needed
not
to
have
done
,
had
the
Clergy
and
Laiety
sat
all
in
one
House
(
as
the
common
Opinion
supposes
them
Now
to
have
done
)
;
for
then
this
Archdeacon
might
have
Voted
in
a
double
Capacity
.
But
if
the
Clergy
sat
a
part
from
the
Laiety
,
it
was
necessary
for
the
Archdeacon
,
when
he
appear'd
for
his
Bishop
among
the
Barons
,
to
make
a
Proxy
for
himself
among
the
Clergy
.
Besides
,
I
find
,
the
Bishops
and
Abbats
do
not
give
Procuratorial
Letters
exactly
to
the
same
Persons
[
†
](A26154-e103730-b)
†
Thus
in
the
Diocese
of
St.
Asaph
,
the
Chapters
▪
Dean
,
Archdeacon
,
and
Clergy
of
the
Diocese
send
the
very
same
Proctors
,
but
the
Bishops
different
ones
.
And
when
the
Bishop
of
Hereford
commissioned
one
Lugwardin
(
who
was
sent
up
also
by
the
Archdeacons
of
Hereford
,
and
Salop
,
the
Chapter
of
Hereford
,
and
the
Clergy
of
the
Diocese
)
he
joyn'd
another
with
him
,
who
might
be
his
separate
Proxy
upon
occasion
.
The
only
Exception
to
this
,
that
I
have
observ'd
in
the
List
of
Proxys
is
,
That
the
Chapter
,
and
Bishop
of
Exon
return
the
very
same
.
But
he
might
perhaps
be
(
if
the
Transcript
of
the
Record
be
exact
here
)
the
Chapters
Proxy
,
and
the
Bishops
Messenger
only
,
who
brought
his
Letters
of
General
Ratihabition
,
without
any
Power
of
Voting
for
him
,
in
particular
cases
.
For
this
Method
,
I
find
,
was
practis'd
at
that
Meeting
,
v.
g.
Abbas
de
Cumbâ
non
misit
Procuratorem
,
set
promittit
per
Literas
suas
Patentes
se
ratum
&
gratum
habiturum
quicquid
indicto
Parliamento
Rex
decreverit
salubriter
ordinandum
.
The
Reader
,
who
has
consider'd
Dr.
W's
Book
,
finds
,
that
the
Spirit
of
this
Implicit
Abbat
did
not
die
with
him
;
but
has
descended
upon
One
,
who
makes
the
same
offer
with
less
Wariness
,
and
puts
not
in
so
much
as
a
Salubriter
,
to
guard
his
Submissive
Doctrine
.
as
are
impower'd
by
any
of
the
Inferior
Clergy
;
but
if
one
or
two
of
them
be
the
same
,
they
add
a
Second
or
Third
that
is
different
:
which
I
take
not
to
have
been
Casual
,
but
with
Design
,
that
so
He
who
was
Proxy
for
the
Bishop
alone
,
might
separate
from
the
Rest
,
and
act
for
him
among
the
Laiety
,
while
the
Others
Voted
for
him
among
the
Clergy
.
Which
I
apprehend
also
to
be
what
chiefly
gave
birth
to
the
Custom
of
the
Clergys
sending
more
Proctors
than
One
both
to
the
Convocation
and
Parliament
,
by
the
Clause
[
Conjunctim
&
Divisim
]
in
their
Procuratoria
;
that
so
they
might
have
some
to
vote
for
them
in
the
One
place
,
and
some
in
the
Other
.
Once
more
,
the
Time
when
the
Crown
began
to
issue
out
Writs
for
the
Convocation
(
i.
e.
to
command
the
Archbishops
by
Writ
to
assemble
the
Clergy
of
their
Provinces
)
is
another
point
,
which
Dr.
W.
would
fain
,
if
he
could
,
determin
;
and
in
order
to
it
,
pitches
upon
a
Writ
of
this
kind
in
the
9
E.
II.
as
the
first
that
perhaps
is
extant
[
*
](A26154-e103980-b)
*
P.
101.
,
or
(
which
is
all
One
it
seems
)
as
the
first
he
has
ever
met
with
[
†
](A26154-e104000-b)
†
P.
225.
Which
Learned
Hint
he
takes
care
also
to
inculcate
often
[
†
](A26154-e104010-b)
†
Pp.
100.103.225.228
.
that
he
may
be
sure
to
have
Justice
done
him
for
the
Discovery
.
But
in
this
he
is
a
little
too
vain
,
because
neither
is
the
Remark
his
Own
(
for
he
met
with
it
in
the
Grand
Question
,
p.
159.
)
;
nor
,
if
it
were
,
would
he
have
any
reason
to
boast
,
since
it
is
by
no
means
a
true
one
:
for
there
are
several
Writs
of
this
nature
extant
before
the
Date
of
this
;
particularly
of
the
7
th
.
and
5
th
.
Years
of
E.
II.
and
as
far
back
as
the
11
th
.
of
E.
1.
which
I
have
already
in
the
course
of
these
Papers
had
occasion
to
take
notice
of
.
And
even
this
Writ
it self
is
misdated
,
as
to
the
Time
to
which
it
Summon'd
:
for
whereas
Dr.
W.
says
,
that
it
call'd
the
Convocation
to
meet
Feb.
9.
the
Parliament
sitting
Oct.
16.
foregoing
,
[
†
](A26154-e104130-b)
†
P.
103.
the
Truth
was
,
that
the
Writ
was
dated
Oct.
16.
and
summon'd
the
Convocation
to
meet
,
not
on
Feb.
9.
but
Ian.
27.
i.
e.
in
quindenâ
Hilarii
.
But
I
offend
,
I
fear
in
too
nice
a
pursuit
of
his
Errors
,
and
shall
close
these
Remarks
[
†
](A26154-e104200-b)
†
P.
244.
therefore
,
as
He
does
his
,
with
the
Account
of
a
Convocation
,
the
Circumstances
of
which
have
been
much
misunderstood
,
not
only
by
Dr.
W.
but
by
my
Lord
of
Sarum
too
,
and
even
by
our
Elder
Historians
.
Henry
the
VIII
th
.
he
says
,
having
call'd
a
Parliament
to
Westminster
,
Anno
1529.
[
he
should
say
,
1523.
[
‖
](A26154-e104270-b)
‖
April
15
th
.
1523.
the
Parliament
met
.
April
20
th
.
Warham's
Prov.
Synod
.
Apr.
22
d.
Wolseys
's
Legatin
Synod
.
commanded
Warham
to
Summon
a
Convocation
of
the
Clergy
,
to
meet
about
the
same
time
at
St.
Pauls
.
Cardinal
Wolsey
,
who
,
as
Archbishop
of
York
,
had
no
place
in
the
Convocation
,
and
was
desirous
to
bring
every
thing
to
his
Own
Management
,
by
his
Legatin
Power
dissolves
the
Convocation
held
at
the
King's
command
by
Warham
,
and
orders
the
same
Synod
to
appear
before
himself
,
as
the
Pope's
Legat
,
the
next
day
at
Westminster
;
where
having
got
a
sufficient
subsidy
granted
by
them
to
the
King
,
he
soon
dismis'd
the
Assembly
[
†
](A26154-e104420-b)
†
P.
244.
.
Thus
Dr.
W.
tells
the
Story
out
of
Antiqu.
Britan
.
My
Lord
of
Sarum
adds
,
that
this
Dissolution
was
May
2.
and
points
to
the
Writ
of
this
date
in
Tonstall's
Register
,
issu'd
out
by
the
King
to
Tonstall
for
the
Clergy
of
Cant.
Prov.
to
meet
at
Westminster
[
†
](A26154-e104520-b)
†
Hist.
Ref.
Vol.
1.
p.
20
.
But
here
(
to
use
his
Lordships
Own
Words
of
my
Lord
Herbert
[
†
](A26154-e104550-b)
†
Vol.
p.
95.
)
he
had
not
apply'd
his
Ordinary
Diligence
,
for
the
Writ
he
referrs
us
to
is
quite
another
thing
than
his
Lordship
apprehends
it
to
be
;
and
the
whole
story
of
the
Dissolution
is
a
Mistake
,
as
appears
beyond
doubt
from
the
Preamble
of
the
Act
of
Subsidy
,
printed
by
his
Lordship
himself
among
the
Records
[
*
](A26154-e104580-b)
*
Vol.
1.
p.
8
;
where
we
find
these
words
.
Nos
Praelati
&
Clerus
Cant.
Prov.
in
hâc
Sacrâ
Synodo
Provinciali
,
sive
Praelatorum
&
Cleri
ejusdem
Convocatione
in
Ecclesià
D.
Pauli
London
,
20
die
Apr.
A.
D.
1523.
inchoatâ
,
ac
usque
ad
&
in
10.
Aug.
proximè
ex
tunc
sequentis
de
diebus
in
dies
continuatà
,
&c.
Had
his
Lordship
considered
these
words
,
he
would
have
seen
,
that
this
Synod
was
so
far
from
being
dissolv'd
May
2
d.
that
it
sat
,
as
a
Provincial
Synod
,
above
three
Months
afterwards
,
and
was
continu'd
from
the
first
to
the
last
Day
of
its
Session
,
by
Ordinary
Adjournments
.
And
had
his
Lordship
further
given
himself
the
Trouble
to
peruse
the
Mandate
to
Tonstal
,
which
he
cites
from
his
Register
,
he
would
have
found
that
there
is
not
a
Syllable
of
a
Dissolution
,
or
a
Reassembly
mention'd
in
it
;
and
would
there
have
lit
upon
a
true
account
of
this
mistaken
Story
.
For
that
Mandate
recites
,
that
the
Ca●dinal
had
sent
out
his
Legatin
Summons
[
concurrently
with
the
Bishop
of
Cant's
Provincial
Citation
]
for
the
Clergy
of
Both
Provinces
to
meet
at
St.
Peter's
Apr.
22
d.
[
two
days
after
those
of
Cant.
were
Provincially
to
assemble
]
:
that
they
did
accordingly
thus
meet
,
the
York-Clergy
by
Adjournment
from
York
[
where
they
met
first
March
the
22
d
[
*
](A26154-e104790-b)
*
See
Stat.
22
H.
8.
c.
15.
]
and
those
of
Cant.
by
Adjournment
from
Pauls
.
But
the
Clarks
of
Convocation
for
Cant.
Prov.
being
to
appear
first
before
their
Own
Archbishop
,
had
brought
up
Powers
to
Treat
with
Him
alone
,
without
any
mention
of
the
Legate
:
for
which
reason
the
Cardinal
issu'd
out
his
Mandate
of
May
the
2
d.
to
Tonstal
for
the
Clergy
of
his
Diocese
[
and
so
of
all
others
]
to
meet
and
send
up
proper
Forms
to
their
Proctors
;
as
they
did
,
I
suppose
;
and
then
the
Business
of
the
subsidy
was
debated
,
and
the
quantity
of
it
agreed
on
before
the
Legat
;
but
the
formal
Grant
of
it
made
afterwards
in
Two
Provincial
Assemblys
.
The
Common
Account
therefore
of
this
Legatin
Synod
is
Fabulous
,
taken
up
in
Hatred
to
the
Cardinal
,
and
too
easily
received
by
Iosceline
himself
,
without
inspecting
the
Registers
for
the
Truth
of
it
;
Archbishop
Parker
,
upon
the
Review
of
his
Work
,
being
not
able
to
set
this
Story
right
by
Memory
alone
,
for
he
was
but
Eighteen
Years
Old
,
when
it
hapned
.
Had
indeed
the
Fact
,
as
it
is
commonly
handed
down
to
us
,
been
true
,
Dr.
W.
would
have
had
reason
to
say
,
that
it
is
not
to
be
parallel'd
in
all
its
Circumstances
in
any
part
of
our
History
.
But
as
it
really
stood
,
there
was
nothing
but
the
Writ
for
New
Powers
,
Extraordinary
,
or
singular
in
it
:
Pool's
Legatin
Synods
being
afterwards
Summon'd
and
held
with
the
very
same
Formalitys
,
particularly
that
in
1555
,
by
the
Acts
of
which
it
appears
,
that
the
Synods
of
Cant.
and
York
were
first
conven'd
apart
(
after
the
same
manner
that
they
were
always
us'd
to
be
in
Parliament
time
)
and
then
Both
call'd
to
an
Exempt
place
[
the
Chapel
Royal
in
Whitehall
]
and
there
united
into
one
National
Assembly
.
Besides
,
had
Cardinal
Wolsey
by
his
Power
Legatin
dissolv'd
a
Convocation
call'd
by
the
King
's
Writ
,
we
should
certainly
have
heard
of
it
,
among
the
44
Articles
preferr'd
against
him
in
Parliament
[
†
](A26154-e105010-b)
†
See
'em
Lord
Herbert
p.
293
:
but
it
not
being
touch'd
on
,
or
so
much
as
hinted
there
,
we
might
without
further
Authority
conclude
that
nothing
of
the
kind
was
done
Nor
is
the
Usual
Account
of
this
Action
of
the
Cardinal
's
worse
than
the
Reason
given
for
it
;
for
he
is
made
to
dissolve
the
Convocation
,
because
as
Archbishop
of
York
,
he
had
no
place
there
;
But
,
I
hope
,
as
Bishop
of
Bath
and
Wells
[
*
](A26154-e105090-b)
*
He
took
Durham
,
and
quitted
B
and
W.
while
this
Convocation
was
sitting
;
but
the
Exact
Date
of
this
Change
I
have
not
consider'd
.
,
or
Abbat
of
St.
Albans
he
had
;
and
might
therefore
in
either
of
these
Qualitys
have
been
present
in
the
Convocation
of
Cant.
if
that
had
been
all
he
aim'd
at
.
But
it
was
neither
suitable
to
his
Character
,
nor
agreed
well
with
his
Temper
,
or
his
Business
,
to
appear
among
the
Clergy
any
otherwise
than
as
a
Legate
:
As
such
,
he
took
place
of
Warham
,
and
presided
over
the
Debates
of
the
whole
Body
;
and
had
an
opportunity
by
that
means
of
poysing
the
Refractory
Part
of
the
Clergy
in
Warham's
District
with
Those
of
his
Own
Province
,
who
would
be
more
complying
.
Common
Justice
oblig'd
me
to
say
thus
much
in
behalf
of
that
Great
Minister
,
who
had
Real
Faults
enough
,
not
to
be
loaded
with
Untrue
Ones
.
Dr.
W.
had
much
Nearer
Obligations
to
have
done
this
,
who
has
eat
the
Bread
of
Wolsey
(
to
use
an
Homely
,
but
Authoriz'd
Phrase
)
near
Half
his
Life
,
and
now
owes
his
Comfortable
Summer-Retreat
to
that
Cardinal's
Bounty
.
But
I
find
the
Premunire
,
that
transferr'd
all
the
Cardinal's
Estate
to
the
Crown
,
has
transferr'd
all
the
Doctor
's
Gratitude
thither
too
:
and
with
reason
;
for
the
Cardinal
is
Dead
long
ago
,
but
Crowns
are
Immortal
.
He
has
His
reason
,
and
I
have
mine
;
which
is
,
to
do
right
to
any
injur'd
Person
,
let
his
Character
be
what
it
will
;
and
not
to
fall
in
with
a
Calumny
knowingly
,
let
it
be
never
so
Popular
and
Fashionable
.
They
that
defend
the
Dead
,
cannot
be
suppos'd
guilty
of
Flattery
,
or
Design
;
and
with
either
of
these
,
I
thank
God
,
there
is
not
a
Line
in
this
Work
that
can
reproach
me
.
I
have
now
offer'd
all
I
think
necessary
,
either
to
assert
,
explain
,
or
justify
that
Double
Right
of
the
Clergy
,
which
I
at
the
Entrance
of
these
Papers
propos'd
to
maintain
,
their
Right
of
Meeting
at
set
times
,
and
Acting
within
such
a
Determin'd
Compass
as
I
have
mark'd
out
.
There
is
behind
still
a
Second
Consideration
,
which
relates
to
the
Need
that
the
Church
has
of
such
Meetings
,
and
which
,
according
to
the
Method
laid
down
,
I
should
now
enter
upon
.
But
this
Book
has
grown
too
much
under
my
hands
,
to
allow
room
for
any
New
Matter
here
;
and
all
therefore
that
I
shall
say
of
it
is
,
that
if
the
Church
has
a
Clear
Right
to
such
Meetings
(
which
by
this
time
,
I
hope
,
is
past
a
Doubt
)
she
has
for
that
very
Reason
a
Need
of
them
;
because
her
Right
has
been
publickly
question'd
,
and
actually
suspended
for
a
Time
:
And
she
has
Need
therefore
to
exert
it
,
that
she
may
be
sure
to
preserve
it
.
Upon
this
Foot
I
shall
leave
the
Point
of
Expedience
at
present
,
not
without
Intentions
of
returning
to
it
,
and
giving
the
Reader
as
full
and
particular
a
View
of
the
Debate
on
This
side
also
,
if
it
shall
appear
,
that
what
has
been
already
said
,
has
not
had
its
Due
Effect
on
Those
,
whose
Eyes
the
Author
of
these
Papers
is
particularly
concern'd
to
open
;
and
whose
backwardness
to
keep
the
Church
in
possession
of
her
Greatest
Priviledge
,
he
cannot
but
impute
chiefly
to
a
mistaken
Opinion
they
are
in
,
that
she
has
really
no
such
Priviledge
to
claim
.
And
that
Mistake
therefore
being
clear'd
up
,
he
hopes
and
believes
,
that
they
will
be
as
ready
to
assert
her
Just
Rights
,
and
Espouse
her
True
Interests
as
any
Men.
These
are
his
present
Apprehensions
and
Wishes
,
in
which
he
shall
be
very
sorry
to
find
himself
deceiv'd
;
but
if
so
it
happen
,
has
determin'd
not
to
stop
here
,
but
proceed
on
to
such
further
Enquirys
and
Considerations
as
he
shall
judge
proper
to
promote
the
End
that
he
aims
at
:
the
great
Importance
,
and
Reasonableness
of
which
he
is
so
fully
satisfy'd
of
,
that
he
shall
think
no
Sacrifice
,
whether
of
his
Time
,
his
Ease
,
or
his
Fortune
,
too
dear
to
be
bestow'd
upon
it
.
He
is
sure
,
that
he
has
the
Perpetual
Practise
of
the
Church
of
Christ
,
and
the
Law
of
his
Country
on
his
side
;
and
he
is
conscious
of
no
other
Aims
in
what
he
has
undertaken
,
than
those
of
promoting
the
Honor
of
God
,
and
his
Religion
,
and
supporting
our
Constitution
▪
and
these
Assurances
and
Views
will
,
he
trusts
,
carry
him
on
to
the
End
of
his
Work
,
through
whatever
Difficultys
and
Discouragements
.
If
he
succeeds
in
his
Design
,
he
shall
think
that
he
has
not
liv'd
in
vain
;
if
he
fails
,
yet
he
will
satisfy
himself
in
having
honestly
attempted
it
,
and
done
what
in
him
lay
to
preserve
to
the
Body
he
is
of
the
poor
Remains
of
their
Ancient
Legal
Rights
and
Priviledges
:
for
he
could
not
stand
by
and
see
the
Great
Rights
of
his
Church
ready
to
●ink
,
without
endeavoring
to
save
them
.
The
Events
of
things
are
not
in
our
Disposal
;
it
becomes
private
Men
to
do
their
Duty
,
without
having
a
Demonstration
that
it
shall
be
successful
.
And
should
it
be
determin'd
to
lay
this
Part
of
Our
Constitution
asleep
,
yet
he
is
not
without
hopes
,
that
the
Truths
deliver'd
in
this
Book
(
for
Truths
they
are
)
may
in
some
Favourable
Juncture
contribute
to
awaken
it
.
With
this
single
Prospect
,
he
would
have
undertaken
the
Work
,
had
all
others
fail'd
him
;
and
in
despair
of
being
listned
to
by
the
Present
Age
,
would
have
wrote
,
and
appeal'd
to
Posterity
.
At
the
worst
,
what
he
has
here
offer'd
,
and
shall
further
offer
,
if
it
have
no
other
Effect
,
will
yet
be
serviceable
,
as
a
Testimony
against
Dr.
Wake
's
Book
,
and
the
Pernicious
Principles
of
it
:
it
will
let
our
Successors
see
,
that
his
Doctrine
,
whatever
Boasts
,
or
Pretences
it
might
make
,
was
not
the
Doctrine
of
the
Church
and
the
Age
in
which
he
liv'd
;
but
was
disown'd
and
detested
as
soon
as
wrote
:
and
that
the
Establishment
of
the
Practise
which
he
pleads
for
(
if
it
must
be
Establisht
)
was
not
owning
any
ways
to
the
Silence
of
those
who
were
concern'd
to
oppose
it
.
Especially
if
so
it
fall
out
,
that
They
of
the
Clergy
,
who
are
not
of
Dr.
Wake
's
Mind
,
and
in
his
Measures
,
shall
,
upon
this
occasion
,
take
some
way
of
owning
publickly
to
the
World
their
Dislike
of
them
:
this
will
justify
the
Body
from
having
any
Hand
in
stifling
and
betraying
their
Own
Priviledges
,
and
will
remove
the
Guilt
of
any
Present
,
or
Future
Innovation
from
Them
,
at
whose
Door
soever
it
lays
it
.
I
have
done
with
the
Argument
of
Dr.
Wake
's
Book
,
and
have
now
only
a
short
Address
to
make
to
the
Writer
of
it
;
whom
towards
the
latter
End
of
it
I
find
thus
expressing
himself
.
This
,
says
he
,
brings
us
to
the
true
way
of
deciding
the
point
here
before
us
.
If
by
the
Laws
and
Usages
of
this
Kingdom
,
the
Convocation
has
a
Right
to
Sit
and
Act
(
as
this
Gentleman
affirms
)
let
those
Laws
be
produc'd
,
and
those
Usages
made
out
,
and
I
submit
[
†
](A26154-e105430-b)
†
Pp.
285
,
286.
.
I
agree
with
him
,
that
this
is
the
true
way
of
deciding
the
Point
before
us
;
and
have
accordingly
taken
this
way
,
and
no
other
,
to
decide
it
.
I
have
produc'd
the
Laws
and
Usages
of
this
Kingdom
,
that
make
out
both
these
Rights
,
so
incontestably
and
clearly
,
I
think
,
as
to
leave
no
Room
for
a
Cavil
;
and
I
call
upon
Doctor
Wake
therefore
to
Submit
,
or
to
shew
wherein
I
have
mistook
,
or
mis-represented
those
Laws
and
Usages
.
Let
him
not
think
to
evade
the
Force
of
what
has
been
said
by
Loose
and
General
Reflections
,
by
once
again
amusing
us
with
Heaps
of
Foreign
Precedents
,
and
long
Historical
Tales
nothing
to
the
Purpose
;
in
a
word
,
by
drawing
fresh
supplys
from
that
Everlasting
Magazine
of
Insignificant
Authoritys
,
his
Common-place-Book
.
All
this
Shew
of
Reading
(
and
God
knows
,
it
is
but
a
Shew
)
will
be
of
no
manner
of
weight
with
Discerning
Judges
:
the
short
Point
between
Him
and
Me
is
,
as
He
himself
acknowledges
,
how
our
Own
Constitution
stands
,
and
what
are
the
Particulars
Laws
and
Usages
of
this
Kingdom
.
By
these
I
affirm
,
(
and
have
proved
)
That
the
Convocation
has
a
Right
not
only
to
be
Summon'd
,
but
to
Meet
with
every
New
Parliament
,
and
to
be
open'd
in
Due
Form
by
Divine
Service
,
and
a
Sermon
:
That
the
Clergy
of
the
Lower
House
,
when
thus
met
,
have
a
Right
of
filling
the
Chair
of
it
with
a
Prolocutor
,
and
of
being
put
into
a
Condition
of
doing
Business
:
That
if
they
have
any
Requests
,
any
Motions
to
make
,
to
my
Lords
the
Bishops
,
the
King
,
or
his
Great
Council
,
for
the
Good
of
Religion
,
or
the
Redress
of
Church-Grievances
,
they
have
a
Right
to
make
them
;
to
enter
into
what
Debates
,
and
come
to
what
Resolutions
they
shall
think
fit
(
within
their
Proper
Sphere
)
without
being
oblig'd
to
Qualify
themselves
for
such
Debates
,
or
Resolutions
by
a
Royal
License
;
which
is
necessary
to
no
Synodical
Act
,
previous
to
that
of
Making
,
or
Enacting
a
Canon
:
That
in
these
Respects
,
and
to
these
Purposes
,
the
Convocation
is
still
a
Parliamentary
Body
,
and
an
Essential
Part
of
our
Constituon
;
call●d
both
by
the
Clause
in
the
Bishop's
Summons
,
and
by
Writs
directed
to
the
Archbishop
of
either
Province
;
which
Clause
,
and
which
Writs
,
whenever
a
New
Parliament
is
to
meet
,
can
no
more
by
the
Rules
of
our
Constitution
be
omitted
,
than
the
Writs
for
any
of
the
Lords
or
Commons
can
:
In
short
,
that
the
King
has
not
only
a
Right
of
thus
calling
the
Clergy
to
attend
,
but
the
Clergy
also
have
a
Right
of
attending
,
and
the
Lords
and
Commons
a
Right
of
being
attended
by
them
.
This
is
the
Doctrine
briefly
laid
down
in
that
Letter
,
which
first
gave
rise
to
this
Debate
;
and
in
these
Papers
more
fully
explain'd
,
and
prov'd
.
If
Dr.
Wake
can
shew
,
wherein
any
part
of
it
disagrees
with
the
Laws
and
Usages
of
this
Kingdom
,
let
him
do
it
:
if
he
cannot
(
as
I
am
certain
,
he
cannot
)
he
is
oblig'd
by
his
Own
Proposal
to
Submit
,
that
is
,
to
own
himself
utterly
mistaken
throughout
this
Dispute
,
and
publickly
to
retract
his
Illegal
and
Slavish
Opinions
.