THE
AUTHORITY
OF
Christian
Princes
ASSERTED
,
&c.
CHAP.
I.
The
Design
of
the
following
Discourse
;
with
a
short
account
of
the
Method
that
is
proposed
to
be
observed
in
the
Prosecution
of
it
.
THO
it
be
not
very
material
in
legal
Right
to
Sit
and
Act
,
Independent
upon
the
Will
and
Pleasure
of
the
Prince
;
and
if
to
deny
them
so
to
do
,
as
often
as
the
Parliament
is
Assembled
,
is
to
violate
that
Right
which
,
by
vertue
of
our
Constitution
,
they
ought
to
enjoy
;
(
as
this
Author
doubts
not
to
affirm
:
)
Then
whether
there
be
any
such
present
Occasion
for
their
Sitting
,
as
he
pretends
,
or
no
;
it
must
be
confess'd
that
the
Clergy
have
had
wrong
enough
already
done
them
;
and
ought
not
to
be
encroach'd
upon
by
any
farther
Adjournments
.
On
the
contrary
,
If
the
Meeting
and
Acting
of
the
Convocation
,
does
depend
upon
the
Grace
and
Pleasure
of
the
Prince
;
so
that
they
can
neither
Assemble
nor
Consult
,
without
his
Permiss
〈…〉
nor
is
He
any
farther
obliged
to
〈◊〉
of
either
,
than
he
is
persuaded
〈◊〉
Meeting
and
Acting
will
be
for
the
〈◊〉
Benefit
of
the
Church
and
Kingdom
:
Then
it
must
follow
,
that
in
pretending
to
judg
of
these
Matters
,
our
Convocation-Man
and
his
Friend
have
meddled
with
that
which
does
not
belong
to
them
:
And
that
in
vain
do
they
insist
upon
what
seems
agreeable
to
their
Apprehensions
;
whilst
they
cannot
tell
but
that
His
Majesty
may
have
as
Good
,
or
Better
,
Reasons
against
their
Sitting
,
under
the
present
Circumstances
of
Affairs
;
as
they
can
Imagine
they
have
offer'd
for
it
.
Indeed
,
if
our
Author
be
at
this
time
House
of
Commons
,
as
in
One
passage
of
his
Book
he
seems
to
intimate
Honour
of
Religion
,
and
the
Good
of
the
Honourable
House
to
neglect
this
matter
so
far
,
as
never
once
to
enter
upon
the
Consideration
of
it
.
He
knows
the
Commons
have
a
standing
Committee
for
Religion
;
and
he
seems
to
lay
it
to
their
charge
,
that
notwithstanding
this
,
nothing
has
〈◊〉
been
done
by
'em
,
since
the
Revolution
,
in
favour
of
it
.
But
why
then
did
not
our
Zealous
Advocate
chuse
rather
to
Represent
the
Injury
that
is
done
our
Church
,
and
the
Invasion
that
has
been
made
upon
the
very
Fundamental
Frame
of
our
Constitution
,
to
those
worthy
Gentlemen
;
and
at
such
a
Committee
,
where
he
had
a
Right
to
speak
,
and
where
this
Point
would
have
been
properly
debated
;
than
to
creep
out
into
the
World
under
the
disguise
of
a
nameless
Author
;
and
Expose
both
Himself
and
his
Cause
,
to
those
Censures
,
which
,
by
this
means
,
are
so
justly
pass'd
upon
Both.
We
cannot
suppose
that
he
declined
this
out
of
any
distrust
of
the
Arguments
he
had
to
allege
,
to
make
good
his
Pretensions
,
in
favour
of
the
Convocation
.
No
,
we
find
he
is
so
consident
of
their
Clearness
,
that
he
asserts
it
again
and
again
,
with
much
Assurance
,
that
to
Sit
and
Act
,
is
their
Right
;
and
that
the
King
cannot
hinder
them
from
doing
Both
,
without
Violating
our
Constitution
,
as
well
as
Injuring
the
Convocation
.
And
for
his
Opinion
of
the
Readiness
of
the
House
of
Commons
to
do
us
Justice
,
as
to
this
matter
,
I
shall
need
only
to
repeat
his
own
Words
to
shew
,
that
He
had
no
reason
to
Except
against
That
.
For
the
same
Reason
(
says
he
)
that
they
are
concern'd
to
maintain
the
Rights
and
Privileges
of
Their
own
Body
,
They
would
be
careful
not
to
invade
Those
of
Another
.
They
are
wise
enough
to
know
that
the
preserving
the
Constitution
,
as
it
is
,
is
the
best
way
to
preserve
their
true
and
real
Interests
:
and
that
the
Constitution
can
no
otherwise
be
upheld
,
than
by
the
several
parts
of
it
being
preserved
in
their
just
Rights
and
Powers
;
allow'd
to
Act
in
their
proper
Spheres
,
and
Circumscribed
within
them
.
This
I
say
they
are
wise
enough
to
know
;
and
withal
just
enough
to
own
,
That
a
Convocation
is
as
much
a
part
of
the
Constitution
,
as
a
Parliament
it self
.
But
our
Author
has
taken
his
own
offend
against
it
.
And
the
Method
that
I
shall
choose
,
for
the
clearing
of
this
Subject
,
shall
be
this
:
First
,
I
will
enquire
(
as
to
the
matter
Secondly
,
Consider
,
What
Occasion
there
is
at
present
for
a
Convocation
?
As
for
his
Third
Question
,
which
respects
the
Validity
of
the
Acts
of
a
Convocation
,
any
farther
than
they
are
Confirm'd
,
and
Approved
of
,
by
Parliament
;
that
is
not
much
insisted
upon
by
our
Author
:
And
what
is
needful
to
be
said
to
it
,
will
incidentally
fall
in
,
in
the
Prosecution
of
the
other
Two
.
But
tho'
this
therefore
be
the
General
Method
which
I
shall
Observe
;
yet
I
am
sensible
,
that
in
order
to
the
better
clearing
of
the
former
of
these
Questions
,
I
must
take
a
much
larger
Compass
than
our
Author's
Design
led
him
to
do
.
And
to
the
end
I
may
not
barely
answer
his
Allegations
,
but
may
also
give
some
tolerable
Account
of
the
true
Nature
and
Rights
of
our
Convocation
;
(
which
,
for
all
this
Gentleman
has
yet
done
,
may
still
continue
to
be
as
little
understood
as
Jewish
Sanhedrim
:
)
I
shall
endeavour
to
examine
this
Matter
to
the
bottom
,
as
far
as
my
Skill
will
enable
,
and
my
Leisure
permit
me
to
do
it
.
For
English
Laws
and
Antiquities
;
(
I
may
add
,
and
in
the
Laws
and
Antiquities
of
the
Church
too
;
which
Dyet
must
be
competently
understood
,
o●
this
Subject
can
never
be
throughly
handled
:
)
so
must
I
freely
profess
,
that
neither
will
my
other
Affairs
allow
me
to
be
very
exact
;
nor
does
my
Profession
,
as
a
Divine
,
intitle
me
to
so
much
Skill
,
as
I
am
sensible
is
requisite
,
to
the
perfecting
of
such
an
Undertaking
.
But
however
,
I
will
candidly
offer
what
I
have
met
with
;
and
where
I
chance
to
be
mistaken
,
(
especially
in
Matters
of
Law
,
which
lie
out
of
my
Way
,
)
I
hope
those
who
are
more
learned
will
make
a
reasonable
Allowance
for
my
Errors
.
CHAP.
II.
The
first
General
Point
proposed
;
and
the
Method
laid
down
for
the
handling
of
it
.
In
pursuance
whereof
,
a
General
Enquiry
is
first
made
,
into
that
Power
which
Christian
Princes
have
always
been
allow'd
to
exercise
over
their
Ecclesiastical
Synods
,
or
Convocations
,
with
respect
both
to
the
Calling
of
them
;
to
the
Managing
of
them
when
Sitting
;
and
to
the
Confirming
,
or
Annulling
their
Acts
,
after
wards
.
TO
come
then
,
without
any
more
main
Thing
to
be
consider'd
is
this
:
Whether
there
is
any
Law
that
commands
or
permits
the
Sitting
and
Acting
of
the
Convocation
;
besides
the
absolute
,
free
Pleasure
of
the
Prince
?
And
,
if
there
be
,
What
that
Law
is
?
And
,
How
far
the
Prince
is
obliged
by
it
?
This
I
take
to
be
the
true
state
of
the
Question
,
and
I
shall
treat
of
it
in
this
following
Method
.
I.
I
will
enquire
,
What
Power
,
Christian
Princes
,
in
general
,
have
claim'd
over
such
Convocations
;
with
respect
both
to
their
Assembling
and
Acting
,
and
to
the
giving
Force
and
Authority
to
what
is
done
by
them
?
II.
I
will
consider
,
Whether
our
Kings
have
not
the
same
Authority
over
our
Convocation
,
that
all
other
Christian
Princes
have
claim'd
over
their
Synods
?
And
III.
Upon
this
Foundation
,
I
will
Examine
what
this
Author
has
alledged
to
the
contrary
;
and
offer
what
,
I
conceive
,
may
fairly
be
replied
to
it
.
And
I.
Let
us
enquire
,
What
Power
,
Christian
Princes
,
in
general
,
have
claim'd
,
over
their
Synods
;
with
respect
both
to
their
Meeting
and
Acting
first
;
and
to
the
giving
Force
,
and
Authority
,
to
what
is
done
by
them
?
That
Christian
Princes
have
a
Right
,
exercise
Authority
over
Ecclesiastical
Persons
,
but
to
interpose
in
the
ordering
of
Ecclesiastical
Affairs
too
;
neither
our
own
Articles
and
Canons
,
nor
Universal
Church
,
ever
since
the
Empire
became
Christian
,
will
suffer
us
to
doubt
.
There
is
no
one
so
great
a
Stranger
to
the
History
of
the
Holy
Scriptures
,
as
not
to
know
what
Authority
the
Jewish
Princes
,
under
the
Law
,
pretended
to
,
as
to
this
matter
.
And
how
far
the
first
Christian
Emperors
follow'd
their
Examples
,
were
other
Authors
silent
,
yet
that
one
Assertion
of
Socrates
would
not
suffer
us
to
be
ignorant
;
where
he
affirms
,
That
ever
since
they
became
v
p.
259
C.
Christians
,
the
Affairs
of
the
Church
have
depended
upon
them
:
and
the
greatest
Synods
been
assembled
by
their
Order
,
and
still
(
says
he
)
continue
to
be
assembled
.
It
was
a
famous
Saying
of
Constantine
,
the
first
Christian
Emperor
,
to
his
Bishops
;
That
They
indeed
were
Bishops
in
things
but
that
He
was
appointed
,
by
God
,
to
be
Bishop
,
as
to
Those
without
.
And
how
far
the
succeeding
Emperors
continued
to
look
upon
the
well
ordering
,
and
Governing
of
the
Church
,
to
be
one
great
part
of
that
Duty
which
God
expected
from
them
;
The
Epistle
of
Theodosius
and
Valentinian
to
to
St.
Cyril
,
and
the
rest
of
the
Metropolitans
,
Let
us
look
into
the
several
Collections
of
the
Roman
Laws
:
[
*
](A66113-e12550-b)
*
De
feriis
:
de
nup●●is
:
de
fide
Cath.
de
H●reticis
:
de
Episc.
&
Cleric
.
&c.
The
Code
of
Theodosius
:
[
†
](A66113-e12580-b)
†
Lib.
I.
Tit.
1
,
2
,
3
,
4
,
5.
The
Code
and
[
*
](A66113-e12610-b)
*
Novell
.
v●
.
cxxxvii
,
cxxxi
,
&c.
Novels
of
Justinian
:
The
yet
later
[
|
](A66113-e12640-b)
|
Basil.
F●b●ot
.
lib.
t
,
3
,
4
,
5.
Collection
of
Basilius
,
Leo
,
and
Constantine
,
that
followed
after
:
How
many
Constitutions
shall
we
find
in
every
one
of
these
relating
to
Ecclesiastical
Affairs
;
to
the
Order
and
Government
of
the
Church
;
to
the
Election
,
and
Consecration
of
Bishops
and
Priests
;
to
the
Lives
,
Offices
,
and
Privileges
of
the
Clergy
;
to
the
Erection
and
Liberties
of
Churches
;
to
the
Service
of
them
;
nay
,
and
even
to
the
very
Faith
which
was
to
be
taught
and
profess'd
in
Them
?
And
when
the
Empire
began
to
be
parcell'd
out
into
several
lesser
States
and
Kingdoms
,
We
find
their
several
Princes
still
maintaining
the
same
Authority
,
as
to
all
these
things
,
that
the
Emperors
had
done
before
:
As
from
the
Capitularies
of
the
French
and
German
Princes
;
the
Collections
of
the
Spanish
Councils
;
our
Own
[
*
](A66113-e12970-b)
*
●eg
.
Ed.
Conf.
cap.
17.
Leg.
Can●●
.
ca.
11.
〈◊〉
.
Praefat.
cap.
2.
Leg.
Edw.
&
Guthr
.
cap.
3.
Alfred
.
cap.
39
&c.
Antient
Laws
,
and
the
Histories
which
remain
of
the
several
Other
Countries
,
does
evidently
appear
.
But
of
the
Authority
of
Princes
in
Ecclesiastical
Matters
,
and
over
Ecclesiastical
conven●
Synods
,
and
to
order
whatsoever
relates
both
to
the
assembling
,
and
acting
of
them
.
And
for
the
better
Proof
of
which
,
I
shall
now
distinctly
consider
what
their
Power
is
,
with
respect
(1)
To
the
calling
of
such
Synods
or
Convocations
.
(2)
To
the
directing
of
their
Proceedings
,
when
they
are
Assembled
.
And
,
(3)
To
the
approving
and
confirming
their
Constitutions
afterwards
.
And
(1)
Let
us
consider
,
What
the
Power
of
the
Civil
Magistrate
is
,
as
to
the
Convening
of
Ecclesiastical
Synods
,
and
Convocations
.
It
has
ever
been
look'd
upon
as
one
Roman
Law
was
,
especially
,
very
severe
,
as
to
this
Particular
:
And
tho'
after
the
Conversion
of
the
Emperors
Publick
Assemblies
of
the
Church
for
Divine
Service
:
yet
before
that
,
Tertullian
,
who
understood
these
Now
a
Synod
being
no
Ordinary
,
or
Sia●ed
Convention
;
but
which
was
assembled
only
upon
Extraordinary
Occasions
,
when
the
Necessities
of
the
Church
required
the
Meeting
of
it
:
As
there
was
no
General
Provision
,
at
the
beginning
,
made
by
the
Laws
for
them
;
so
it
was
therefore
necessary
that
,
in
order
to
their
meeting
Lawfully
,
the
express
Command
or
Allowance
of
the
Emperor
,
should
be
had
for
their
so
doing
.
And
if
we
look
up
to
the
History
of
the
first
and
most
famous
Councils
of
the
Imperial
Authority
.
Thus
Constantine
the
Great
,
not
only
summon'd
,
[
*
](A66113-e13770-b)
*
Socrat.
Hist.
Eccles.
lib.
5.
cap.
8.
Sozom.
lib.
7.
cap.
7.
Theodoret.
lib.
5.
cap.
7
,
8.
Theodosius
the
Great
both
Assembled
the
Second
General
Council
of
Constantinople
;
and
,
at
the
desire
of
the
Fathers
,
confirmed
the
Acts
of
it
.
The
Council
of
Ephesus
,
the
next
General
Council
,
was
not
only
[
*
](A66113-e13860-b)
*
Vid.
Act.
Concil.
Eph.
par.
〈◊〉
.
cap.
32
,
35
,
&c.
Called
by
the
Emperors
Theodosiu●
the
Younger
,
and
Valentinian
;
but
that
All
things
might
be
done
decently
and
orderly
in
it
;
they
sent
*
Candidian
,
as
Their
Commissioner
,
to
preside
over
the
Bishops
,
and
to
direct
their
Proceedings
,
according
to
the
Instructions
which
they
had
given
Him
for
that
purpose
.
And
when
the
Heresy
of
Eutyches
gave
a
new
Occasion
●o
the
same
Emperors
to
Assemble
another
Synod
;
[
*
](A66113-e13980-b)
*
Vid.
Act.
C
〈…〉
〈…〉
d.
〈◊〉
1
They
,
in
like
manner
,
appointed
it
to
meet
at
the
same
place
:
and
Commanded
Dioscorus
,
Patriarch
of
Alexandria
,
to
preside
in
it
.
It
was
the
same
Authority
,
that
had
caused
this
Synod
to
meet
at
Ephesus
,
that
,
after
the
death
of
Theodosius
,
appointed
a
Review
to
be
made
of
it
,
in
another
[
†
](A66113-e14060-b)
†
Ibid.
Council
,
which
was
summon'd
first
to
Nice
,
and
from
thence
was
Removed
to
Chalcedon
.
And
this
the
Emperors
did
not
only
upon
their
Own
Authority
;
But
tho'
[
‖
](A66113-e14120-b)
‖
Vid
Ep.
Leonis
ad
Theodos.
Imp.
Ep.
52.
54
&c
Ed.
Ques●●ll
.
Pope
Leo
had
desired
,
with
all
imaginable
Earnestness
,
that
it
might
have
been
held
somewhere
in
Italy
;
to
which
they
refused
to
Consent
.
Such
was
the
Authority
,
by
which
the
Four
first
General
Councils
of
the
Church
,
were
Assembled
;
Nor
were
the
next
Four
call'd
by
any
other
.
It
was
by
the
express
Command
of
the
[
*
](A66113-e14190-b)
*
Vid.
Ep.
Imp.
Con
〈…〉
C●●st
.
ii
.
Collat.
1
〈◊〉
.
p.
419
,
●22
,
423
,
Elder
Justinian
,
that
the
Second
General
Council
of
Constantinople
met
:
As
it
was
by
the
like
Summons
of
[
†
](A66113-e14240-b)
†
Vid.
Act.
Concil.
Const.
iii.
Act.
1
pag
607.
Tom.
6.
Constantinus
Pogonatus
,
that
the
Third
in
the
same
City
was
convened
.
And
because
in
these
two
,
no
Canons
were
made
for
the
discipline
of
the
Church
,
[
*
](A66113-e14310-b)
*
Concil.
Trull
.
apud
Bevereg
.
Pandect.
Tom.
1
p.
153.
E.
F.
Justinian
the
younger
,
call'd
another
Council
to
supply
that
defect
;
and
confirm'd
the
Canons
that
were
made
by
it
.
The
second
Council
of
Nice
,
thô
scarce
right
in
any
thing
else
,
yet
in
this
was
Orthodox
,
that
it
was
assembled
by
the
Authority
of
[
†
](A66113-e14380-b)
†
Vid.
Act.
Conc.
Nic●en
.
ii
.
Act.
1.
pag.
50.
Tom.
Lab.
7.
Irenè
the
Empress
,
and
her
Son
Constantine
.
And
lastly
,
the
Fourth
of
Constantinople
,
the
last
of
the
Eight
general
Councils
,
was
in
like
manner
held
by
the
consent
of
[
‖
](A66113-e14460-b)
‖
Act.
Con.
4.
Const.
Act.
1.
Tom.
8.
pag.
1279.
C.
Basilius
the
Emperour
,
and
Approved
by
Him
.
This
then
was
the
Power
,
which
the
Christian
Emperours
claim'd
over
the
Greatest
Councils
;
and
which
those
Councils
always
acknowledged
to
be
due
to
Them
.
If
from
these
we
pass
on
to
the
Lesser
Synods
that
were
assembled
in
those
days
,
we
shall
find
the
Authority
of
the
Civil
Magistrate
to
be
still
the
same
:
And
that
These
also
were
either
expresly
convened
by
Them
,
or
were
summon'd
by
some
Authority
that
was
,
derived
from
Them
.
When
the
Donatists
,
being
Angry
that
they
could
not
gain
their
Ends
upon
Caecilian
,
desired
that
an
Examination
might
be
made
of
their
Case
,
by
some
foreign
Bishops
;
Constantine
the
Emperour
granted
their
Request
:
And
in
Order
thereunto
appointed
a
meeting
to
be
held
at
Rome
,
upon
that
Affair
;
and
that
three
French
Bishops
,
should
be
joyn'd
to
Fifteen
out
of
Italy
,
for
the
Hearing
of
it
.
And
These
,
together
with
the
Bishop
of
Rome
,
by
the
[
*
](A66113-e14720-b)
*
Conc●●
.
Rom.
●ub
Constant.
To.
1.
Lab.
p.
1403.
1406.
Emperours
Command
,
judged
of
this
Matter
.
And
when
those
turbulent
Men
were
not
yet
satisfied
;
to
put
a
final
end
to
their
Contentions
,
He
caused
a
Greater
Number
of
Bishops
to
meet
in
a
Synod
at
[
†
](A66113-e14760-b)
†
Vid.
Act.
Conc.
Arelat.
ib.
pag.
14●1
.
Et
Euseb.
Hist
Eccl.
lib.
x.
c.
5.
Arles
,
and
there
Review
the
same
Cause
,
and
pass
a
final
Judgment
in
it
.
To
enumerate
all
the
several
Instances
that
remain
to
us
,
of
Councils
call'd
,
in
like
manner
,
by
the
Imperial
Authority
;
would
be
as
Infinite
,
as
it
is
Needless
.
It
may
suffice
to
say
,
that
what
Constantine
,
thus
began
,
the
succeeding
Emperours
constantly
held
to
;
And
suffer'd
not
any
Assemblies
of
the
Clergy
to
be
made
,
but
by
their
leave
,
and
according
to
their
Direction
.
'T
is
true
there
was
a
General
Order
Churches
Affairs
,
the
Bishops
of
every
Province
should
meet
together
,
in
a
Provincial
Synod
,
under
their
Metropolitan
,
twice
every
Year
.
And
this
Council
being
not
only
confirm'd
by
Constantine
,
who
call'd
it
,
but
by
almost
all
the
Emperors
that
follow'd
after
;
and
particularly
,
the
Constitution
now
mention'd
,
being
Civil
Laws
themselves
;
such
Councils
,
from
thenceforth
,
became
Legal
Assemblies
;
and
were
,
of
Course
,
allow'd
of
,
tho'
not
expresly
consented
to
by
the
Emperors
.
And
yet
when
Theodoret
began
to
be
But
it
may
be
these
Emperors
had
some
eminent
Authority
in
them
which
ceased
Sovereign
Authority
within
their
several
Kingdoms
,
yet
ought
not
to
pretend
to
.
That
this
is
not
so
in
Civil
Matters
,
I
shall
leave
it
to
the
Writers
of
Politicks
to
argue
;
and
to
the
Municipal
Laws
of
their
several
Kingdoms
to
shew
.
As
for
what
concerns
their
Ecclesiastical
Authority
;
it
is
evident
that
in
This
,
as
in
all
other
Respects
,
whatsoever
Power
the
Emperors
heretofore
laid
claim
to
in
the
Whole
,
the
same
these
Princes
have
continued
to
assert
,
within
their
own
particular
States
and
Dominions
.
When
the
Vandals
had
over-run
the
greatest
part
of
Africa
;
and
by
their
Authority
set
up
the
Arrian
Heresie
,
in
Opposition
to
the
Catholick
Faith
,
which
before
prevail'd
in
those
Parts
:
Hunericus
their
King
,
at
the
desire
of
his
Arrian
General
Convention
of
all
the
Catholick
Bishops
to
meet
at
Carthage
;
and
there
confer
about
the
Point
in
difference
between
them
.
And
accordingly
,
upon
his
Summons
,
they
all
came
thither
;
and
refusing
to
renounce
the
Terms
of
the
Council
of
Nice
,
were
deprived
of
their
Bishopricks
,
and
sent
into
Banishment
by
him
.
But
better
was
the
Success
of
the
Orthodox
Bishops
,
in
their
next
Conference
,
held
by
the
like
Authority
,
under
Gundebald
at
Rome
;
An.
499
:
Who
at
the
Request
of
the
Catholick
Clergy
consented
to
It
was
not
long
after
this
that
,
as
Baronius
himself
confesses
,
Theodorick
summon'd
another
Synod
at
Rome
to
judge
of
the
Crimes
alledged
against
Symmachus
Bishop
of
that
See
;
and
submitted
the
Determination
of
that
Affair
to
their
Resolution
And
when
Caesarius
,
Bishop
of
Arles
,
desired
to
convene
a
Provincial
Synod
in
France
;
according
to
the
direction
of
the
Antient
Canons
,
and
the
Allowance
of
the
Laws
to
that
purpose
:
Yet
he
did
not
think
it
sitting
so
to
do
,
till
he
had
obtained
the
Consent
of
Alaric
the
Goth
for
it
;
And
it
is
expresly
noted
,
that
What
Caesarius
here
did
with
respect
to
Alaric
,
an
Arrian
Prince
;
the
same
did
Avitus
,
Bishop
of
Vienne
,
with
regard
to
Sigismond
,
the
Son
of
Gundebald
,
King
of
the
Burgundians
;
whom
he
had
not
Catholick
Faith
.
He
call'd
even
his
Provincial
Synod
,
with
the
King's
Consent
:
And
tho'
himself
Metropolitan
of
that
District
,
yet
presided
in
it
by
the
Prince's
Order
.
Such
was
the
Authority
by
which
these
lesser
Synods
were
wont
to
be
held
,
immediately
upon
the
breaking
of
the
Empire
.
And
that
thus
it
continued
,
till
the
Prevalence
of
the
Papal
Power
began
to
overthrow
the
Prince's
Right
,
will
appear
from
a
short
View
of
this
matter
,
in
some
of
the
principal
States
which
arose
out
of
the
Ruins
of
it
.
And
,
1.
That
this
was
so
,
in
the
Kingdom
General
Council
of
that
whole
Nation
:
In
it
the
Goths
adjured
their
Heresie
,
and
embraced
the
Catholick
Faith
.
This
Faith
was
first
establish'd
in
Spain
,
by
the
Authority
of
this
Council
;
and
several
very
useful
Canons
were
framed
by
it
,
for
the
Government
of
the
Church
for
the
Time
to
come
.
And
all
this
was
done
by
the
Command
of
Orthodox
Faith
in
it
;
and
made
not
only
his
Bishops
,
but
the
chief
of
his
Nobility
,
and
others
,
subscribe
to
it
.
It
would
be
needless
for
me
,
after
so
clear
an
Evidence
,
as
this
Synod
has
given
us
,
of
the
Authority
by
which
Councils
were
antiently
Convened
in
Spain
;
to
spend
any
long
time
,
in
the
particular
Examination
of
the
several
Councils
that
follow'd
after
.
It
shall
therefore
suffice
barely
to
say
thus
much
;
that
the
Fourth
of
Toledo
(
Another
National
Council
,
and
of
great
Authority
in
those
parts
)
met
As
for
their
Provincial
Synods
,
they
were
not
indeed
always
summon'd
by
the
express
,
particular
Order
,
of
those
Princes
.
But
yet
even
these
were
held
by
Vertue
of
that
Authority
,
which
the
Third
Great
Council
of
Toledo
,
under
2.
And
the
same
Authority
which
these
Su●vian
Princes
,
exercise
in
Galaecia
,
during
the
time
of
their
Empire
there
.
The
Second
Council
of
Braga
,
the
Metropolis
Provincial
Synods
,
under
their
respective
Metropolitans
,
according
to
the
ancient
Canons
in
that
behalf
;
Miro
,
his
Successor
,
order'd
General
Council
at
Braga
;
and
there
agree
upon
such
Constitutions
,
as
they
should
find
the
Necessities
of
the
Church
to
require
.
3.
If
from
hence
we
cross
over
to
the
The
Inscription
of
the
Second
Council
of
Lyons
,
assembled
about
the
Year
567
,
shews
that
it
was
call'd
by
the
Command
of
Guntramn
their
King
:
who
also
not
long
after
assembled
another
Synod
at
Challon
,
as
Gregory
of
Tours
informs
us
.
[
*
](A66113-e17200-b)
*
Greg.
Turon
.
Hist.
Franc.
lib.
vi
.
cap.
1.
Lyons
,
but
more
in
several
other
places
;
[
†
](A66113-e17230-b)
†
Vid
Concil.
Labb
.
To.
v.
pag.
976.
980.
1593.
&c.
at
Valence
,
Poitiers
,
Mascon
,
&c.
all
whose
Acts
expresly
avow
the
Authority
by
which
they
met
.
4.
In
Germany
.
Carloman
first
and
then
Prince's
Authority
,
in
this
particular
.
It
was
the
former
of
these
who
,
with
the
Advice
of
his
Clergy
and
Nobles
,
Wormes
;
Valenciennes
;
Aix
la
Chappelle
;
but
especially
the
two
Great
Councils
of
[
*
](A66113-e17420-b)
*
An.
8●●
.
vid.
Act.
Concil.
in
Praefat.
Mentz
and
[
†
](A66113-e17440-b)
†
Vid.
Ep.
Syned●c
.
ad
Praesul
.
Hisp
num.
iii.
&
in
Canon
i.
Frankford
;
(
in
the
latter
of
which
not
only
the
Bishops
of
Germany
,
but
of
France
,
and
Aquitain
,
were
assembled
together
,
and
over
all
Whom
Charles
the
Emperor
presided
;
)
abundantly
shew
.
No
sooner
was
this
great
Prince
dead
,
but
Ludovicus
Pius
,
his
Successor
,
after
his
Example
,
call'd
together
his
Clergy
to
Aix-la-Chappelle
;
for
the
correction
of
the
Negligence
and
Ignorance
of
the
Bishops
,
and
for
the
better
regulating
of
the
Lives
of
the
Clergy
.
And
having
fully
determined
Second
Council
to
meet
at
the
When
this
Emperor
was
dead
,
and
the
Difference
between
his
Sons
appeased
;
Lewis
(
to
whom
the
Government
of
Germany
fell
)
after
his
Father's
Example
,
call'd
the
Great
Council
of
Mayence
;
to
regulate
those
Disorders
which
the
late
General
Council
at
Wormes
;
and
there
,
in
It
was
not
long
after
,
that
Arnulph
,
his
Inferior
Clergy
,
and
of
the
Laity
of
the
Empire
.
And
,
lastly
,
not
to
metion
any
more
;
Henry
the
First
,
after
the
Example
of
his
Predecessors
,
by
his
Princely
Command
,
assembled
the
great
Synod
at
Erpsford
;
with
the
Advice
of
great
Men
,
and
particularly
of
Archbishop
Hildibert
,
who
was
chiefly
consider'd
by
him
.
5.
And
now
having
thus
fully
shewn
Ecclesiastical
Discipline
,
was
no
where
better
kept
up
,
or
more
exactly
follow'd
,
than
in
that
Country
;
and
that
I
conceive
our
own
Synods
were
very
much
framed
by
the
pattern
of
Theirs
;
I
will
take
a
short
View
of
their
Conventions
also
,
and
so
conclude
these
first
general
Remarks
.
To
begin
then
with
the
first
of
their
Christian
Kings
,
Clouis
the
Great
:
And
here
we
find
that
he
not
only
Called
the
first
Council
of
Orleans
(
and
which
has
Synods
;
)
but
moreover
Prescribed
to
it
the
Points
on
which
it
was
to
debate
:
And
all
this
at
the
Desire
,
and
with
the
Advice
,
of
St.
Remigius
;
as
Hincmarus
,
in
the
History
of
his
Life
,
informs
Us.
It
was
by
the
like
Command
of
Childebert
,
Second
Council
of
the
same
Place
was
held
.
The
Synod
of
Clermont
,
the
next
,
of
any
Consequence
,
The
Fifth
Council
of
Paris
,
not
only
Conc.
Pa●
.
v.
Praefat.
Cum
in
dei
nomir●
,
secundum
SS.
Patrum
Constitut
onem
.
Ex
Evocatione
〈◊〉
〈◊〉
&
〈◊〉
Cor
〈…〉
o
Synod●li
convenissemus
,
&c.
declares
that
it
was
Assembled
by
the
Authority
of
Clotharius
;
but
tells
us
that
their
Assembling
by
his
Authority
,
was
(
as
indeed
it
was
)
agreeable
to
the
Constitutions
of
the
Antient
Fathers
,
who
had
gone
before
Them
.
And
the
Synod
of
Chalons
Owns
,
in
like
manner
,
that
it
met
together
in
Obedience
to
the
Call
and
Command
,
of
Clouis
the
Second
,
their
Conc.
Cabilon
.
An.
650.
E●
Evocatione
vel
Ordinatione
Gloriosissimi
Domini
Clodovei
Regis
.
King
.
It
was
by
the
Royal
Authority
of
Pepin
,
General
Council
was
held
in
his
Palace
at
Vernis
,
Anno
755.
Of
Charles
the
Great
,
that
the
Second
Council
of
[
*
](A66113-e18680-b)
*
Rh●m
.
ii
.
Anno
813
Praef.
Con.
Tur.
iii.
I●id
.
Praefat.
Rhemes
,
and
the
Third
of
Tours
,
●ere
convened
.
Of
Louis
the
Emperor
,
and
his
Son
Lotharius
,
that
the
[
†
](A66113-e18760-b)
†
Conc.
Pa●is
v●
.
An.
829.
Praef.
ap.
Labb
.
Tom
vii
.
p.
1594.
1596.
Sixth
Council
of
Paris
was
called
.
And
lastly
,
not
to
instance
in
any
more
,
of
Charles
the
Bald
,
that
the
[
‖
](A66113-e18810-b)
‖
An.
849
,
〈◊〉
53.
Synod
of
Quierzy
was
assembled
;
for
Reforming
Mens
Manners
,
and
to
put
a
Stop
to
that
Corruption
in
point
of
Faith
too
,
which
was
,
about
that
time
,
supposed
to
be
breaking
out
in
those
Parts
.
Wha●
the
Practice
of
our
own
Country
Own
Kings
,
in
this
Respect
.
In
the
mean
time
,
from
the
Account
which
has
hitherto
been
given
of
that
Authority
,
by
which
the
Bishops
and
Clergy
have
been
wont
to
be
called
together
into
Synods
,
it
Appears
;
that
as
,
in
Fact
,
no
Councils
have
met
without
the
Permission
of
the
Civil
Magistrate
,
ever
since
the
Empire
became
Christian
;
So
neither
does
it
appear
,
that
the
Clergy
have
ever
made
any
Complaints
against
Them
,
as
usurping
herein
upon
the
Rights
of
the
Church
;
or
pleaded
any
Privilege
,
as
of
Divine
Authority
,
for
their
Meeting
,
and
Acting
against
their
Consent
.
But
to
the
End
it
may
the
more
Evidently
Appear
how
far
the
Power
of
Christian
Princes
has
been
accounted
to
Extend
,
as
to
this
Particular
;
I
shall
to
that
General
Deduction
,
I
have
now
made
,
of
the
Authority
by
which
the
Church
has
been
accustomed
,
from
the
Beginning
,
to
meet
together
in
Councils
;
subjoin
a
few
more
particular
Remarks
,
for
the
better
clearing
of
this
whole
matter
.
And
(
1st
.
)
It
may
be
observed
,
that
Civil
Magistrate
has
generally
Advised
with
his
Bishops
,
and
Clergy
,
upon
these
Occasions
;
and
ask'd
their
Opinion
,
whether
it
were
fitting
,
or
not
,
to
call
a
Synod
,
before
he
has
given
Orders
for
the
meeting
of
it
:
Yet
was
this
never
look'd
upon
as
any
matter
of
Right
;
but
,
on
the
contrary
,
Princes
have
oftentimes
assembled
such
Councils
,
without
ever
consulting
Them
at
All
;
and
,
at
others
,
when
their
Bishops
,
have
not
only
Advised
,
but
Desired
them
so
to
do
,
have
yet
,
upon
their
Own
Judgment
,
or
by
the
Advice
of
their
Council
,
utterly
refused
to
comply
with
their
Requests
.
If
we
look
into
the
Acts
of
the
several
Synods
I
have
before
mention'd
;
we
shall
find
indeed
,
sometimes
,
that
the
Advice
of
the
Bishops
was
taken
for
their
Meeting
;
but
we
shall
oftner
find
them
call'd
by
the
Prince
,
with
the
Advice
of
his
Great
Men
;
and
yet
oftner
,
no
notice
at
all
taken
of
the
Advice
of
Either
.
How
often
did
Liberius
,
and
the
Catholick
Catholick
Bishops
any
where
complain
,
that
,
in
this
,
the
Emperor
did
any
more
than
what
he
had
Authority
to
do
;
or
pretend
to
any
Original
,
Ecclesiastical
Power
,
left
them
by
Christ
,
to
call
such
a
Synod
whether
He
would
or
no.
But
,
on
the
contrary
,
notwithstanding
the
Urgency
of
that
Affair
,
and
the
eager
Desire
they
had
to
end
it
;
neither
Liberius
,
nor
Any
others
,
attempted
to
meet
against
the
Emperor's
Command
;
but
quietly
submitted
to
the
Prohibition
he
had
laid
upon
Them
,
not
to
do
so
.
So
little
did
the
greatest
Bishops
of
the
Church
,
in
those
Days
,
think
it
lawful
,
to
hold
a
Council
against
the
Prince's
Will
;
that
being
forbidden
by
an
Heretical
Emperor
,
and
that
against
all
Right
and
Justice
,
on
purpose
that
he
might
Oppress
Them
,
so
to
Do
;
They
yet
submitted
to
his
Commands
,
and
chose
rather
to
suffer
by
their
Obedience
,
than
to
Usurp
an
Authority
,
which
they
were
sensible
did
not
belong
to
Them
.
But
lest
this
should
be
thought
to
have
been
only
the
Perverseness
of
an
Heretical
Prince
;
we
shall
find
the
same
Power
,
both
Claim'd
,
and
Exercised
,
by
the
most
Orthodox
Emperors
;
and
such
as
were
,
in
all
Respects
,
the
most
zealous
for
the
Churches
Interest
.
When
Eutyches
began
to
corrupt
the
Christian
Faith
,
and
it
was
thought
necessary
,
that
a
General
Council
should
be
call'd
,
to
put
a
stop
to
his
Errors
;
Leo
,
And
this
brings
me
to
a
(
2d
.
)
Observation
,
Civil
Magistrate
has
refused
to
Call
a
Synod
;
tho'
the
Affairs
of
the
Church
have
never
so
much
seem'd
to
stand
in
need
of
One
,
and
the
Bishops
have
never
so
Earnestly
desired
One
;
yet
have
they
quietly
submitted
to
the
Refusal
;
and
not
presumed
,
on
any
Pretence
of
Right
which
they
had
in
Themselves
,
to
meet
together
,
without
his
Leave
,
or
against
his
Consent
.
So
Liberius
,
and
the
Catholick
Bishops
,
did
to
Constantius
first
;
and
Leo
,
and
the
Western
Bishops
,
to
Theodosius
afterwards
:
And
I
believe
it
would
be
difficult
in
those
best
,
and
most
early
times
of
the
Church
,
to
find
out
any
Instance
,
wherein
the
Orthodox
Bishops
have
ever
departed
from
this
Rule
:
or
(
which
is
much
the
same
thing
)
have
ever
been
justified
by
the
Church
,
in
those
Cases
,
in
which
they
have
departed
from
it
.
Nay
but
(
3dly
.
)
Tho'
the
Council
of
Nice
first
,
and
,
after
that
,
several
Other
Provincial
Councils
,
at
a
certain
Season
every
year
;
and
these
being
allow'd
of
by
the
Emperors
,
and
Other
Princes
,
who
confirm'd
those
Canons
,
and
Approved
of
what
They
had
Defined
;
may
seem
to
have
put
these
kind
of
Synods
,
at
least
,
out
of
their
Power
:
Yet
,
even
in
these
,
we
find
Them
still
continuing
to
Exercise
their
Authority
;
And
not
suffering
even
such
Councils
to
be
held
,
without
their
Leave
,
or
against
their
Consent
.
I
have
before
observed
how
Theodosius
the
Emperor
restrained
Theodoret
,
when
he
thought
him
too
buisy
in
calling
together
the
Bishops
to
these
Lesser
Synods
.
And
when
,
in
after
times
,
Wolfolendus
Bishop
of
Bourges
,
summon'd
a
Provincial
Council
,
according
to
these
Canons
,
to
meet
at
the
beginning
of
September
;
yet
He
professes
he
was
well
content
that
they
should
meet
some
Other
Time
;
always
provided
that
they
first
made
Him
acquainted
with
it
;
that
so
he
might
Consider
whether
he
should
allow
of
it
,
as
proper
either
for
the
State
of
the
Church
,
or
for
the
Benefit
of
the
Kingdom
;
or
Otherwise
fit
to
be
consented
to
.
And
therefore
when
the
Fifth
Council
Provincial
Synods
should
be
held
every
Year
,
according
to
the
Orders
of
the
Church
,
and
the
Canonical
Custom
establish'd
in
it
;
They
made
it
their
Request
to
Louis
the
Emperour
,
and
Lotharius
General
Permissions
,
before
they
did
particular
Warrant
for
their
so
doing
;
as
is
evident
from
the
Acts
of
the
Synod
of
Soissons
,
which
was
held
about
the
same
Christian
Prince
.
But
this
is
not
all
:
For
,
(
4thly
)
When
it
was
resolv'd
that
a
Antient
Councils
of
the
Church
.
I
have
before
observ'd
how
Theodosius
not
only
Appointed
the
Council
,
which
he
had
order'd
to
meet
about
the
Affair
of
Eutyches
,
to
assemble
at
Ephesus
;
but
utterly
refus'd
the
Request
of
Leo
,
and
his
Bishops
,
who
earnestly
desired
it
might
have
been
held
in
Italy
.
But
Marcian
Fourth
General
Council
to
Nice
first
,
and
then
to
Chalcedon
;
(
tho'
requested
in
like
manner
,
as
Theodosius
had
been
,
by
the
Bishop
of
Rome
,
and
his
Suffragans
,
that
it
might
meet
in
Italy
;
)
but
when
,
being
press'd
in
time
,
Leo
petition'd
the
Emperor
that
he
would
defer
it
but
a
little
while
,
for
his
greater
Convenience
,
Marcian
refus'd
him
That
also
;
and
the
Good
Man
contentedly
yielded
to
him
in
both
.
Such
Power
did
the
antient
Emperors
assume
to
themselves
,
over
their
Bishops
,
as
to
these
Circumstances
:
Nor
did
the
first
Assembly
.
And
Ludovicus
Pius
having
thought
fit
,
for
the
better
settling
of
the
Ecclesiastical
discipline
,
to
have
Four
Synods
meet
at
Once
;
that
so
they
might
separately
Consider
of
the
State
of
the
Church
,
and
then
their
Opinions
be
altogether
laid
before
him
,
in
one
Common
View
;
not
only
Order'd
this
distribution
of
them
,
but
determin'd
withal
both
the
Time
,
and
Places
of
their
Meeting
,
and
after
what
Manner
they
should
proceed
,
being
Met.
But
(
5thly
)
And
to
conclude
all
:
That
nothing
may
be
wanting
to
shew
,
Christian
Church
have
ever
had
upon
their
respective
Princes
;
I
add
;
That
not
only
the
Convening
of
them
,
and
the
Time
,
and
Place
,
of
their
Meeting
,
depend
upon
their
pleasure
;
but
that
they
have
,
morever
,
Authority
to
appoint
what
Persons
shall
come
to
them
,
and
to
direct
the
Choice
that
is
to
be
made
of
them
.
Thus
Constantine
the
Great
did
,
when
General
Councils
that
were
held
by
them
.
When
Theodosius
had
agreed
to
call
the
General
Council
of
Ephesus
,
He
directed
his
Precept
to
the
several
ten
Metropolitans
of
his
District
,
with
such
other
Bishops
as
he
thought
convenient
;
and
that
none
else
should
presume
to
come
to
it
.
And
in
another
Letter
,
upon
the
same
Occasion
;
the
same
Theodosius
It
was
after
the
same
manner
,
that
Marcian
the
Emperour
,
Assembled
the
Fourth
General
Council
at
Chalcedon
.
He
wrote
to
the
Metropolitans
to
come
to
it
,
and
left
it
to
them
to
bring
such
of
their
National
Synods
;
they
,
in
like
manner
,
directed
the
Choice
of
those
who
were
to
come
to
them
;
as
we
see
in
the
Synods
of
Vernis
,
and
Aix
la
Chappelle
;
assembled
Ring
Pepin
,
and
Charles
the
Emperor
,
An.
755.
816.
'T
is
true
the
Metropolitans
,
in
these
Cases
,
did
oftentimes
call
a
Provincial
Synod
;
and
therein
agree
,
who
among
them
should
attend
upon
their
Primate
to
the
General
Council
.
But
neither
did
they
always
take
this
Course
;
nor
,
when
they
did
,
had
they
any
Direction
from
the
Emperors
so
to
do
.
They
only
sent
their
Orders
to
the
Metropolitans
;
and
commonly
left
the
rest
to
them
,
to
chuse
such
Bishops
,
out
of
their
Provinces
,
as
they
thought
fit
.
As
for
the
lesser
Synods
,
tho'
the
Princes
did
not
often
interpose
in
them
,
yet
neither
was
there
any
choice
left
to
the
inferiour
Clergy
,
to
nominate
the
Members
of
Them
.
To
the
Provincial
Synods
,
all
the
Bishops
of
the
Province
were
obliged
,
if
able
,
to
come
.
And
they
brought
with
them
,
for
their
Companions
,
such
of
their
own
Priests
and
Deacons
as
they
thought
fit
.
At
the
Diocesan
Synod
,
every
beneficed
Priest
of
the
Diocese
,
was
required
to
appear
:
And
they
had
not
so
much
a
Right
,
as
an
Obligation
,
lying
upon
them
,
to
be
present
at
them
.
And
thus
have
I
shewn
what
the
Authority
Supreme
Civil
Magistrate
is
,
as
to
the
Business
of
Assembling
Ecclesiastical
Synods
,
or
Convocations
.
And
the
Sum
of
what
I
have
proved
,
is
,
in
short
,
this
:
*
That
it
is
the
Right
of
Christian
Princes
to
call
such
Assemblies
;
and
that
they
cannot
lawfully
meet
,
but
as
they
are
either
commanded
,
or
allow'd
of
by
Them
.
*
That
They
,
and
not
the
Clergy
,
are
Judges
when
it
is
proper
to
Convene
them
:
*
And
ought
not
to
be
censured
for
not
assembling
of
them
,
when
they
are
perswaded
it
is
Needless
,
or
would
be
Inexpedient
for
Them
so
to
do
.
*
That
even
the
Ordinary
Synods
,
required
by
the
Canons
,
and
allow'd
of
by
Themselves
,
may
yet
upon
just
Grounds
be
stop'd
by
them
:
(
And
when
there
is
a
just
Reason
for
them
so
to
do
,
they
are
to
judge
:
)
And
being
so
prohibited
,
cannot
be
lawfully
Assembled
.
In
short
:
*
That
when-ever
they
do
meet
,
the
Prince
is
not
only
to
appoint
,
or
at
least
to
approve
,
of
the
Time
,
and
Place
,
of
their
Meeting
;
but
may
give
Direction
for
the
Choice
of
the
Persons
that
are
to
compose
them
:
That
so
he
may
be
satisfied
that
they
are
such
,
whose
Piety
and
Temper
,
have
fitted
them
to
serve
the
Church
;
and
in
whose
Prudence
,
and
Conduct
,
himself
may
safely
confide
.
It
were
an
easie
matter
to
argue
the
Reasonableness
of
every
one
of
these
Conclusions
,
from
the
Ends
of
Civil-Government
;
and
the
Power
that
is
necessary
to
be
placed
in
the
Hands
of
the
Supreme
Magistrate
,
in
order
to
those
Ends.
And
I
need
not
say
that
Christianity
came
not
to
Usurp
upon
the
Civil
Power
,
but
rather
to
engage
Men
to
be
the
more
ready
to
render
that
Duty
,
which
they
owe
,
to
it
.
'T
is
true
,
by
these
means
,
the
busie
Tempers
of
some
forward
Men
may
be
restrain'd
;
and
to
such
these
Limitations
may
seem
very
Odious
,
and
Unreasonable
.
But
they
are
such
Men
,
and
such
Tempers
,
that
make
these
Restrictions
necessary
:
And
their
Unwillingness
to
submit
to
them
,
shews
but
the
more
clearly
,
how
fitting
it
is
that
Princes
should
have
all
that
Power
I
have
now
mentioned
;
to
prevent
them
from
doing
both
Themselves
and
the
Church
a
Mischief
.
That
Princes
may
abuse
this
Power
to
the
Detriment
of
the
Church
,
is
no
more
an
Argument
that
they
ought
not
to
enjoy
it
;
than
it
would
be
,
that
they
ought
not
to
be
entrusted
with
a
Civil
Power
,
because
they
may
abuse
that
too
,
to
the
ruine
of
the
State
.
But
I
am
apt
to
believe
,
that
were
the
Dangers
to
be
weigh'd
,
it
would
be
much
more
fatal
both
to
the
Church
and
State
,
to
have
some
Men
intrusted
with
an
Immoderate
Liberty
;
than
others
with
a
Soveraign
Power
to
restrain
them
.
And
't
is
enough
to
answer
all
Pretences
of
this
nature
,
to
say
,
that
whenever
the
Civil
Magistrate
shall
so
far
abuse
his
Authority
,
as
to
render
it
necessary
for
the
Clergy
,
by
some
extraordinary
Methods
,
to
provide
for
the
Churches
Welfare
;
that
Necessity
will
warrant
their
taking
of
them
.
In
the
mean
time
,
such
an
Authority
as
I
have
now
shewn
,
the
Prince
has
in
these
Matters
;
and
till
things
come
to
such
an
Extremity
,
we
must
leave
him
,
as
of
Right
he
ought
,
to
enjoy
it
.
And
this
may
suffice
for
the
First
thing
proposed
in
this
Enquiry
;
viz.
To
shew
,
What
Power
the
Christian
Prince
has
,
in
the
calling
of
Ecclesiastical
Synods
or
Convocations
.
I
go
on
(
2dly
)
To
consider
,
What
Authority
He
has
over
Them
,
when
They
are
Assembled
?
Now
that
may
,
I
conceive
,
be
reduced
to
these
(2)
Particulars
:
-
[
1st
]
Of
his
Authority
to
Direct
,
and
Govern
Them
,
in
their
Proceedings
.
And
,
-
[
2dly
]
To
sit
with
,
and
to
preside
over
them
,
in
Order
thereunto
.
[
1st
]
Then
,
I
affirm
,
That
the
Civil
Magistrate
has
a
Right
to
Direct
and
Govern
Them
in
their
Proceedings
.
And
that
with
Respect
both
to
the
Matters
on
which
they
are
to
Debate
;
and
to
the
Method
which
they
areto
take
,
in
Debating
upon
Them
.
1st
.
The
Civil
Magistrate
has
a
Right
,
to
prescribe
to
Them
,
the
Matters
,
on
which
they
are
to
Debate
.
It
is
one
great
End
which
the
Prince
Civil
Matters
he
has
his
Ministers
of
State
,
and
the
Council
of
his
Great
Men
,
or
People
,
to
advise
Him
how
to
manage
his
Secular
Concerns
:
so
in
those
things
which
are
of
a
pure
Ecclesiastical
Nature
,
it
has
generally
been
the
Method
of
Christian
Princes
,
to
take
the
Opinion
of
their
Bishops
and
Clergy
;
either
single
,
or
convened
together
;
as
the
Importance
,
or
Difficulty
of
Affairs
,
and
the
Circumstances
of
Times
,
have
prompted
them
to
do
.
But
then
,
if
this
be
the
main
End
for
which
Synods
are
call'd
,
it
will
follow
,
that
the
Prince
must
have
a
Right
,
not
only
by
Vertue
of
his
Supreme
Authority
,
but
from
the
very
Nature
of
the
Thing
it self
,
to
propose
to
Them
the
Subject
on
which
they
are
to
proceed
.
It
being
absurd
to
imagine
,
that
either
a
Particular
Person
should
be
sent
for
,
or
a
Body
of
Men
be
convened
,
on
purpose
to
give
the
Prince
their
Advice
;
and
the
Prince
not
be
left
to
propose
his
Doubts
to
them
,
and
shew
them
wherein
it
is
that
He
needs
,
Or
desires
,
their
Opinion
.
Now
the
Direction
of
the
Prince
,
as
to
the
Subject
of
the
Synods
Debates
,
may
be
either
General
,
or
Particular
;
or
it
may
be
partly
One
,
and
partly
the
Other
.
Sometimes
the
Prince
has
only
declared
Churches
Doctrine
,
and
Consent
,
in
the
One
;
or
for
the
better
establishing
the
Exercise
of
the
Other
.
Sometimes
the
Occasion
of
their
Meeting
,
has
been
to
examine
some
particular
Controversie
,
that
has
risen
up
,
to
corrupt
the
Faith
,
or
to
divide
the
Unity
of
the
Church
:
As
was
especially
seen
in
the
Cases
of
Arius
,
and
the
other
Hereticks
,
on
whose
account
the
first
General
Councils
of
the
Church
were
called
.
And
in
Both
these
,
sometimes
the
Prince
has
limited
their
Business
to
the
particular
Consideration
of
that
Matter
alone
,
for
which
they
were
assembled
;
At
other
times
,
he
has
added
to
it
such
other
Incidental
Affairs
,
as
he
has
thought
fit
to
propose
to
them
;
Or
,
it
may
be
,
has
given
them
a
General
Liberty
,
after
having
done
their
main
Business
,
to
deliberate
on
any
thing
else
,
that
they
should
judge
necessary
,
for
the
Glory
of
God
,
and
the
Good
of
the
Church
.
And
as
there
is
such
a
Variety
in
the
Ends
,
for
which
Christian
Princes
have
been
moved
to
call
such
Synods
;
so
may
there
be
no
less
a
Difference
observed
,
in
the
Ways
which
they
have
taken
,
to
communicate
their
Wills
to
them
.
Sometimes
both
the
Design
,
and
Subject
of
their
Meeting
,
have
been
fully
set
down
in
the
Precepts
,
which
have
been
sent
to
the
Bishops
,
to
require
their
coming
together
.
Sometimes
only
a
Glance
has
,
in
general
,
been
given
,
in
Those
,
at
their
Business
;
and
the
rest
been
reserved
to
be
more
fully
open'd
to
them
at
their
Convention
.
And
that
also
has
been
done
,
sometimes
by
a
Synodical
Epistle
,
or
Commission
sent
to
them
;
sometimes
by
Word
of
mouth
:
And
that
again
,
either
by
the
Prince
himself
,
if
he
has
thought
fit
(
as
oftentimes
Princes
have
)
to
sit
with
them
;
or
by
some
other
Person
,
whom
he
has
deputed
to
declare
his
Will
to
them
.
But
how
great
a
Variety
soever
there
When
Constantine
,
the
first
Christian
Emperor
,
being
desirous
to
restore
that
Peace
to
the
Church
,
which
the
Heresie
of
Arius
,
and
the
Difference
between
the
Eastern
and
Western
Churches
,
about
the
time
of
keeping
Easter
,
had
so
dangerously
broken
,
assembled
the
First
General
Council
of
Nice
;
Eusebius
tells
us
that
,
at
the
two
Points
;
and
Constantine
himself
both
assisted
at
Them
,
When
this
did
not
prevail
,
but
that
the
Arian
Faction
was
resolved
,
at
any
rate
,
to
Ruine
Athanasius
;
and
since
they
could
not
corrupt
the
Catholick
Faith
,
were
determined
,
at
least
,
to
Overwhelm
him
who
had
been
the
main
Supporter
of
it
;
And
in
Order
thereunto
another
Synod
was
obtain'd
of
the
Emperor
to
meet
at
Tyre
:
the
same
Constantine
not
only
prescribed
them
their
Business
;
viz.
to
examine
And
the
same
was
the
Method
which
Constantius
,
his
Son
,
observed
,
as
to
these
Matters
:
As
is
evident
from
his
Management
of
the
Great
Synod
of
Arminum
,
in
Matter
of
Faith
;
then
to
judge
the
Causes
of
those
Bishops
,
who
complain'd
that
they
had
been
unjustly
either
deposed
,
or
banished
:
After
that
to
Examine
the
Crimes
laid
to
the
Charge
of
certain
Others
:
And
,
lastly
,
having
done
what
he
had
commanded
Them
to
do
,
to
send
a
certain
number
of
their
Body
to
Him
,
to
account
to
Him
what
had
been
resolved
by
Them
.
But
above
all
most
plain
was
that
Authority
which
the
Emperors
Theodosius
and
Valentinian
shew'd
in
this
particular
,
General
Council
of
Ephesus
.
They
not
only
declared
,
at
large
,
to
the
Fathers
the
Cause
of
their
Meeting
,
in
the
Letters
of
Summons
which
they
sent
to
the
several
Metropolitans
:
But
when
they
were
met
together
,
they
sent
a
Synodical
Epistle
to
them
,
by
Candidian
,
and
appointed
him
to
preside
over
Them
in
their
stead
;
both
to
preserve
a
due
Freedom
of
Voting
,
and
Debating
among
them
,
and
also
not
to
suffer
them
to
enter
upon
any
Other
Matter
,
till
they
had
first
come
to
a
Resolution
in
that
,
for
which
they
were
called
together
.
And
when
Candidian
reported
to
the
Emperors
,
that
the
Bishops
had
not
stuck
so
closely
,
as
they
Ought
,
to
their
Prescription
;
The
Emperors
It
was
the
same
Theodosius
,
who
,
both
by
the
Precepts
by
which
he
Assembled
the
Second
Council
of
Ephesus
,
in
the
And
when
Valentinian
and
Marcian
assembled
particular
Debates
,
which
were
not
at
first
laid
before
Them
.
But
then
this
does
but
the
more
new
Matter
prefac'd
with
this
Declaration
,
that
they
had
obtained
Leave
of
the
Emperors
for
the
Fathers
to
consider
of
it
;
and
their
Orders
were
delivered
to
their
Commissioners
,
to
authorize
the
Bishops
to
enter
upon
it
.
But
to
put
this
Point
out
of
all
reasonable
Doubt
,
I
shall
need
only
,
to
the
Instances
already
alleged
,
to
add
that
of
the
Council
of
Constantinople
,
held
under
Mena
,
against
Anthimus
and
Severus
,
anno
536.
In
which
when
Anthimus
was
for
the
present
,
we
desire
that
we
may
acquaint
Him
with
what
has
been
demanded
by
you
.
Upon
this
they
drew
up
their
Petitions
to
the
Emperor
,
that
he
would
Authorize
Mena
,
and
the
Council
,
to
proceed
against
them
as
Hereticks
.
To
this
Justinian
consented
,
and
sent
Directions
accordingly
to
them
:
It
would
be
endless
for
me
to
instance
in
all
the
other
Examples
that
Occur
,
to
shew
,
That
it
has
been
the
General
Method
of
Christian
Princes
,
to
prescribe
to
their
Synods
what
they
were
to
debate
upon
,
and
not
to
allow
Them
to
meddle
with
any
thing
,
but
what
they
either
called
them
for
,
or
afterwards
consented
They
should
take
Cognizance
of
.
How
clearly
does
the
same
Emperor
,
in
his
Epistle
sent
by
the
same
Theodorus
,
to
the
Second
General
Council
of
Constantinople
,
prescribe
the
Particulars
on
which
they
were
to
Consult
?
That
they
should
judge
of
the
Doctrine
of
the
Three
Persons
mention'd
in
his
Letter
,
viz.
Theodorus
,
Theodoret
,
and
Ibas
:
and
discuss
that
Question
which
some
,
it
seems
,
had
started
in
favour
of
the
first
of
them
;
namely
,
Whether
an
Heretick
might
be
anathematized
after
he
was
dead
?
And
if
,
from
the
Roman
Empire
,
we
In
France
there
is
hardly
any
Synod
more
worthy
our
Regard
,
whether
we
consider
the
Dignity
,
or
the
Antiquity
of
it
,
than
the
First
Council
of
Orleans
.
It
was
that
which
set
a
Pattern
to
all
the
following
Synods
of
that
Country
:
And
in
that
the
Fathers
expres●ly
tell
the
King
,
those
Points
which
he
had
order'd
them
to
debate
upon
.
Upon
this
Foundation
,
Ludovicus
Pius
,
having
resolved
,
for
the
better
restoring
of
the
Ecclesiastical
Discipline
in
France
,
Four
Synods
held
at
once
in
it
;
prescribed
as
well
what
they
should
deliberate
about
,
as
at
what
Time
,
and
Places
they
should
meet
.
And
Charles
the
Bald
,
having
Assembled
the
Synod
of
That
the
same
must
have
been
the
Method
in
Germany
;
the
Constant
Union
,
and
Intercourse
,
which
it
had
with
France
,
in
these
Times
,
will
not
suffer
us
to
doubt
.
When
Carloman
assembled
the
Synod
at
Liptines
,
about
the
year
743
;
He
tells
Law
of
God
,
and
the
Religion
of
the
Church
,
which
had
been
suffer'd
to
fall
into
such
decay
in
the
days
of
his
Predecessors
,
might
be
Restored
.
And
the
same
was
the
Design
of
the
Emperor
Arnulph
,
in
convening
the
Synod
of
Trebur
:
Who
being
sent
the
Reformation
of
Mens
Manners
,
for
the
Security
of
the
Faith
,
and
for
the
Preservation
of
the
Unity
of
the
Church
.
As
for
the
Kingdom
of
Spain
,
the
Councils
of
Toledo
,
as
they
are
the
most
Eminent
of
that
Countrey
,
so
do
they
sufficiently
shew
the
same
Course
to
have
obtained
there
,
that
we
see
did
prevail
in
all
Other
Parts
.
In
the
Sixth
,
we
find
the
very
Constitutions
themselves
,
in
some
measure
,
drawn
up
by
the
Order
of
Cinthilus
their
King
,
and
only
confirmed
by
the
Synod
.
In
the
Rest
,
the
Subject
on
which
their
Debates
were
to
proceed
,
is
set
out
to
Them
,
and
They
accordingly
Regulated
their
Acts
by
it
.
Thus
it
was
in
the
Fourth
,
assembled
Thirteenth
,
Egica
deliver'd
his
Orders
in
[
†
](A66113-e26830-b)
†
Ibid.
Unde
&
has
in
Commune
Sententias
,
quas
Principis
hortatu
Construendas
accepimus
,
Communi
voto
Edidimus
.
Labb
.
Tom.
6.
p.
1255.
E.
Bishops
accordingly
framed
their
Constitutions
,
upon
the
Model
that
had
been
laid
before
them
by
that
Prince
.
And
the
same
Method
he
again
took
with
the
Sixteenth
Synod
,
assembled
in
the
same
City
.
He
deliver'd
a
Commission
to
the
Clergy
,
containing
a
Summary
of
what
they
were
to
deliberate
upon
;
I
shall
conclude
these
Remarks
with
the
Words
of
Receswinthus
,
to
the
Eighth
Council
of
Toledo
;
when
he
deliver'd
the
like
Commission
to
the
Fathers
,
there
assembled
,
that
his
Predecessors
were
wont
to
do
:
These
things
,
says
He
,
I
might
Conc.
Tol.
8.
An.
653
Id
magno
precatu
deliberationis
Exhortans
,
ut
quae●unque
illic
detinentur
ascripta
,
valido
attendatis
intuitu
,
sagaci
perscrutemini
studio
;
Ac
de
his
quae●unque
extiterint
placita
Deo
,
Vestri
Oris
,
ad
Nos
,
sacro
Referantur
Oraculo
.
Labb
.
pag.
395.
have
spoken
to
you
,
but
I
have
chosen
rather
to
comprehend
them
in
Writing
;
earnestly
Requesting
this
of
you
,
that
what
you
shall
find
therein
contain'd
,
you
●ould
carefully
attend
to
,
and
Examine
with
the
utmost
Diligence
;
and
whatsoever
you
shall
think
to
be
most
pleasing
to
God
,
with
Relation
to
these
Matters
,
you
would
Report
it
to
Us
with
your
own
Mouths
.
But
,
2dly
.
The
Civil
Magistrate
,
has
not
only
a
Right
to
prescribe
to
His
Synods
the
Matters
,
on
which
they
are
to
Deliberate
;
but
is
moreover
at
Liberty
to
determine
both
the
Manner
,
and
the
Method
,
of
their
Proceedings
in
Them
.
Now
this
,
as
far
as
concerns
the
Peace
and
Order
,
both
of
the
Members
of
every
such
Assembly
,
and
of
those
who
meet
together
upon
the
Occasion
,
or
Account
,
of
it
;
is
not
to
be
doubted
.
It
being
a
part
of
the
Prince's
Right
,
as
he
is
a
Civil
Governour
,
to
keep
all
his
Subjects
,
Clergy
as
well
as
Laity
,
under
a
due
Restraint
;
and
not
permit
any
Tumults
,
or
Disorders
,
to
be
raised
by
them
.
But
the
Prince
has
an
Authority
,
as
to
these
Matters
,
beyond
this
:
viz.
to
Prescribe
not
only
the
Subject
,
upon
which
Synods
are
to
debate
;
but
withal
,
after
what
Manner
,
and
in
what
Order
,
they
shall
proceed
to
debate
upon
It.
And
to
this
End
it
was
,
(
as
well
as
for
Peace
,
and
Quietness
sake
,
)
that
when
They
were
not
present
Themselves
,
they
commonly
deputed
some
Commissioners
in
their
stead
,
to
hold
the
Fathers
to
the
Rules
by
which
they
were
order'd
to
proceed
:
And
not
suffer
them
to
meddle
with
any
Other
Matters
,
than
those
which
belong'd
to
Them
;
or
with
those
,
in
any
Other
Manner
,
than
the
Prince
had
appointed
them
to
do
,
It
was
for
this
Reason
,
that
Constantine
,
great
Council
of
Nice
,
sent
Dionysius
to
preside
in
that
of
Tyre
;
that
he
might
overlook
their
Actions
,
and
especially
take
care
,
that
a
due
Order
was
kept
amongst
Them
.
But
most
evident
is
the
Account
which
we
have
of
this
part
of
the
Prince's
Prerogative
,
in
the
Acts
of
the
famous
Conference
between
the
Catholicks
,
and
Donatists
,
at
Carthage
,
anno
411.
For
the
Regulating
of
which
,
as
Honorius
and
Theodofius
,
For
First
,
He
declared
to
the
Bishops
of
both
Parts
,
that
but
seven
of
a
side
should
speak
:
Yet
so
,
that
seven
more
should
be
present
,
with
whom
Those
who
spake
might
,
at
any
time
,
Go
aside
,
and
Confer
in
private
,
about
any
thing
that
should
arise
to
be
debated
at
that
Meeting
.
Next
,
He
appointed
the
Time
,
and
Place
of
the
Conference
;
and
forbad
any
Consluence
,
either
of
the
Bishops
and
Clergy
,
or
of
the
Laity
of
either
Part
,
to
come
to
it
.
And
,
lastly
,
To
the
End
that
this
Conference
might
finally
conclude
these
kind
of
Disputes
;
He
oblig'd
all
the
Bishops
of
each
side
to
promise
,
under
their
hands
,
that
they
would
Abide
by
whatever
their
Delegates
did
.
And
that
no
Exceptions
might
be
taken
at
the
Report
of
the
Conference
,
He
order'd
them
to
chuse
Four
Notaries
,
out
of
their
Clergy
,
to
transcribe
what
was
spoken
;
and
that
Four
Bishops
of
a
side
should
be
nominated
,
to
Overlook
those
Notaries
;
and
see
what
was
transcribed
,
and
digested
,
by
them
.
And
that
whatsoever
Any
one
said
,
should
immediatly
be
signed
,
first
by
Marcellinus
himself
,
and
then
by
Him
who
spake
it
:
that
so
there
might
be
no
Contradiction
made
to
the
Sincerity
of
that
Account
which
should
afterwards
be
given
of
it
.
These
were
the
Rules
,
which
Marcellinus
,
by
the
Emperor's
Authority
,
prescribed
for
the
proceeding
in
that
Conference
;
and
according
to
these
Measures
,
both
Parties
were
obliged
to
proceed
in
it
.
It
would
betray
a
Desire
to
Cavil
,
rather
than
assord
any
solid
Exception
to
this
Instance
,
to
dispute
,
Whether
this
Meeting
might
properly
be
called
a
Synod
,
seeing
it
is
plain
it
was
a
meeting
of
Ecclesiastical
Persons
,
upon
an
Ecclesiastical
Affair
:
And
there
can
no
reason
be
given
,
why
,
if
the
Emperor
has
so
much
Authority
over
such
an
Assembly
,
He
should
not
have
as
great
a
Power
,
over
any
other
of
the
like
kind
.
But
yet
that
all
possible
Exception
may
be
Removed
,
as
to
this
particular
;
I
will
further
shew
,
from
the
Instances
of
several
undoubted
,
and
even
General
Synods
,
that
he
has
the
same
Right
to
direct
their
Proceedings
,
as
those
of
any
Other
Convention
.
When
Theodosius
appointed
Candidian
,
to
take
care
of
the
Acts
of
the
Fathers
,
in
the
General
Council
of
Ephesus
:
his
Commission
was
limited
,
and
he
was
Vote
freely
in
it
.
But
much
larger
was
the
Commission
which
the
same
Emperor
gave
to
Elpidius
,
Holy
Faith
,
he
should
commit
him
to
safe
Custody
,
and
send
an
Account
of
it
to
the
Emperor
.
He
further
commanded
him
to
take
Care
,
that
the
Fathers
proceeded
in
Order
,
upon
the
Matters
that
came
before
them
:
That
he
should
be
present
when
they
judged
of
them
,
and
use
his
utmost
Endeavours
,
to
bring
the
Holy
Synod
to
a
speedy
,
and
Circumspect
Examination
,
of
the
Business
which
they
met
about
.
This
is
a
Commission
that
comes
fully
up
to
our
present
purpose
:
And
how
exact
Elpidius
,
and
his
Companion
Eulogius
were
,
in
holding
the
Fathers
to
the
Rules
deliver'd
to
them
;
the
Acts
of
this
Synod
,
when
remov'd
to
Chalcedon
,
do
abundantly
shew
.
But
I
shall
content
my self
,
in
so
clear
a
Point
,
to
Represent
this
in
the
Practise
of
the
First
Council
of
Ephesus
,
before
mention'd
,
and
so
conclude
this
Consideration
.
Theodosius
having
Summon'd
a
General
Cyril
,
Patriarch
of
Alexandria
,
and
President
of
the
Council
,
not
to
tarry
any
longer
for
him
,
but
to
proceed
in
his
Business
without
him
.
The
Synod
thereupon
Summon
Nestorius
to
appear
before
them
.
This
Nestorius
refuses
;
and
,
in
his
Excuse
,
pleads
that
the
Patriarch
of
Antioch
,
with
his
Metropolitans
,
was
not
yet
arriv'd
.
The
Fathers
not
accepting
this
Excuse
,
after
several
Summons
sent
to
him
,
proceed
to
Examine
his
Doctrine
,
and
unanimously
agree
to
his
deposition
.
It
was
but
a
very
little
while
after
this
,
that
John
,
the
Patriarch
of
Antioch
,
arriv'd
at
Ephesus
:
And
being
angry
that
the
Council
had
ended
this
matter
without
him
,
form'd
another
Synod
,
consisting
of
about
Thirty
Metropolitans
that
came
with
him
;
and
depos'd
Cyril
,
President
of
the
Council
,
and
Memnon
Bishop
of
Ephesus
,
for
what
they
had
done
:
In
requital
whereof
Cyril
,
and
the
Council
,
Suspend
both
John
,
and
his
Synod
,
for
proceeding
by
themselves
;
in
so
Un-canonical
,
and
unjustifiable
a
Manner
.
Candidian
,
who
in
all
this
had
favoured
the
Patriarch
of
Antioch
,
reports
what
had
been
done
,
on
both
sides
,
to
Theodosius
:
And
Theodosius
immediately
rescinds
all
that
had
pass'd
,
upon
this
Account
,
That
they
had
not
proceeded
according
to
the
Method
he
had
prescribed
to
them
;
and
commands
them
not
to
proceed
to
any
farther
Censures
,
until
they
had
settled
the
doctrine
of
Faith
,
and
receiv'd
some
New
Directions
from
himself
;
which
he
promis'd
to
send
by
another
Commissioner
,
whom
he
design'd
to
depute
together
with
Candidian
,
to
look
after
them
.
The
Answer
of
the
Council
to
this
Order
of
the
Emperor
is
very
remarkable
,
and
clearly
settles
the
Princes
Right
as
to
this
particular
.
They
pretend
not
that
he
had
no
Power
,
thus
to
Limit
their
Proceedings
;
or
to
annul
their
Acts
,
upon
this
pretence
,
that
they
had
not
proceeded
according
to
his
Directions
.
No
,
but
they
beg
leave
to
inform
him
,
that
Candidian
had
not
made
a
fair
Report
of
their
Actions
to
him
:
and
therefore
intreat
the
Emperor
that
he
would
order
Candidian
,
with
Five
of
the
Fathers
,
to
come
to
him
;
who
should
satisfie
him
that
all
things
had
been
done
Canonically
by
the
Council
.
The
Emperor
,
hereupon
,
sends
another
Commissioner
to
them
:
Who
having
examined
both
Parties
,
and
discover'd
the
Design
of
the
Patriarch
of
Antioch
;
gave
leave
to
Seven
Bishops
,
of
each
side
,
to
go
to
Theodosius
,
and
inform
him
of
their
Proceedings
.
This
they
did
,
and
the
Emperor
was
satisfied
that
the
Council
had
proceeded
regularly
against
Nestorius
:
In
testimony
whereof
,
he
approved
of
what
they
had
done
;
allow'd
of
their
Acts
,
and
confirm'd
them
with
his
own
Edict
.
Such
Authority
has
the
Christian
Prince
to
direct
the
Acts
of
the
most
General
Councils
;
and
to
require
an
Observance
of
their
Directions
.
I
proceed
,
[
2dly
]
To
shew
,
That
for
the
better
So
Constantine
,
the
first
Christian
Emperor
,
General
Council
of
Nice
:
He
not
only
sate
with
the
Fathers
,
but
moderated
in
their
Disputes
;
and
at
last
concurr'd
with
them
in
their
Desinition
.
And
though
,
after
his
Example
in
the
Synod
of
Tyre
,
the
following
Emperors
chose
rather
to
preside
by
their
Commissioners
,
than
to
come
Themselves
in
Person
,
and
sit
among
them
:
yet
oftentimes
,
we
know
they
did
vouchsafe
their
Presence
to
them
;
and
it
was
their
Civil
Affairs
that
prevented
them
,
when
they
did
not
.
Thus
Marcian
not
only
removed
the
Fourth
General
Council
to
Chalcedon
,
on
par.
i.
Ep.
41
,
41.
purpose
that
he
might
have
it
nearer
to
Him
;
but
was
Himself
present
in
the
Sixth
Action
of
it
,
both
to
confirm
what
the
Fathers
had
determined
,
and
to
settle
by
their
Judgment
the
Faith
of
the
Church
to
After
Ages
.
And
when
,
by
Order
of
the
Council
,
their
Determination
was
read
That
if
any
Private
Person
,
Military
Officer
,
or
Clergy-man
,
should
,
under
pretence
of
any
farther
Dispute
concerning
those
Matters
,
cause
any
Disturbance
;
if
he
were
only
a
private
Laick
,
he
should
be
banish'd
;
if
a
Military
Officer
,
or
Clergy
man
,
he
should
be
degraded
from
his
Employ
;
and
be
liable
to
such
farther
Punishments
,
as
in
such
Case
should
be
thought
requisite
.
And
having
done
this
,
he
deliver'd
to
the
Fathers
Three
Ecclesiastical
Constitutions
,
ready
drawn
up
,
to
be
approved
of
by
Them
;
and
they
all
gave
their
unanimous
Assent
to
them
.
But
more
frequent
was
the
Custom
of
Roman
Empire
,
to
sit
,
and
act
,
with
their
Synods
.
If
we
look
to
the
Kingdom
of
Spain
,
I
Third
Council
of
Toledo
.
There
were
present
at
it
five
Metropolitans
,
and
seventy-eight
Bishops
subscribed
to
it
.
Now
at
this
Meeting
Reccaredus
was
not
only
himself
present
,
but
caused
his
Subjects
,
who
were
before
Arians
,
to
subscribe
to
the
Catholick
Faith
in
it
.
And
having
done
this
,
He
went
on
with
the
Fathers
,
to
settle
the
Discipline
of
the
Church
;
and
acted
rather
like
a
Patriarch
,
than
a
Prince
,
among
them
.
For
to
instance
only
in
a
Canon
or
Two
of
that
Council
:
In
the
Second
they
tell
us
,
that
the
Bishops
order'd
so
and
so
,
by
the
Advice
of
their
most
Glorious
King
i●
.
Consult●
P●●ssimi
&
Gloriosissimi
Domini
nostri
,
Reccareds
Regis
.
—
Jubente
atque
Consentiente
:
Can.
viii
.
—
Annuente
:
Can.
x.
—
Flavius
Reccaredus
Rex
,
hanc
deliberationem
,
quam
cum
S.
desinivimus
Synedo
,
confirmans
subscripsi
.
Ibid.
Reccaredus
:
In
the
Eighth
;
by
his
Command
and
Consent
.
In
the
Ninth
;
by
his
Assent
.
And
lastly
,
when
all
was
done
,
He
thus
subscribed
the
Acts
of
the
Council
,
together
with
the
Bishops
:
I
Flavius
Reccaredus
,
King
;
confirming
this
Deliberation
which
I
have
defined
,
with
the
Holy
Synod
,
have
subscribed
to
it
.
It
is
impossible
to
imagine
any
thing
German
Emperors
,
they
also
sate
in
like
manner
with
their
Bishops
.
In
the
famous
Synod
of
Frankford
,
(
one
of
the
most
eminent
that
was
ever
held
,
after
the
first
Antient
,
and
General
Councils
;
)
we
read
To.
vii
.
p.
1032.
that
it
was
assembled
,
Praecipiente
,
&
Praesidente
Carolo
Rege
.
And
whereas
there
were
three
great
Points
debated
in
it
,
namely
,
first
,
Whether
they
should
confirm
the
Sentence
of
Condemnation
,
which
had
before
been
pass'd
upon
Elipandus
Bishop
of
Toledo
;
who
held
,
that
our
Saviour
Christ
was
the
Son
of
God
only
by
Adoption
,
and
according
to
the
Flesh
;
not
as
if
He
were
of
the
same
Nature
with
God
:
Secondly
,
What
they
should
resolve
concerning
the
Second
Council
of
Nice
,
as
to
the
Business
of
Image-Worship
:
And
,
Thirdly
,
How
to
end
some
Secular
Affairs
:
It
may
be
observed
,
that
in
the
Two
first
of
These
,
which
related
to
Matters
of
Doctrine
,
we
find
nothing
of
the
i
,
ii
.
Emperor's
defining
with
the
Bishops
;
as
neither
of
the
Bishops
concurring
with
Him
,
in
the
Third
:
But
in
all
the
Other
Canons
,
which
concern
the
Discipline
of
the
iii
,
iv
.
Church
,
the
King
,
and
the
Synod
,
join
together
;
and
the
Phrase
runs
in
these
Terms
,
Statutum
est
,
Definitum
est
,
à
Domino
Rege
,
&
à
Sanctâ
Synodo
.
I
might
to
this
add
many
other
Instances
of
the
like
nature
,
but
I
shall
take
notice
only
of
one
;
and
that
of
a
Synod
held
under
another
Emperor
,
lest
any
one
should
think
that
Charles
the
Great
,
had
taken
more
upon
him
,
than
did
of
Right
belong
to
him
:
And
it
shall
be
of
the
Synod
of
Trebur
,
called
by
Arnulf
the
Emperor
about
the
Year
895.
At
the
head
of
the
Subscriptions
made
to
which
there
is
this
remarkable
Passage
:
In
this
Holy
Council
,
the
most
Glorious
King
Arnulf
,
our
pious
Prince
presiding
,
and
assisting
;
sate
the
Holy
Fathers
which
came
together
,
with
the
Venerable
Pastors
of
the
Church
:
And
what
they
establish'd
,
agreeably
to
the
Catholick
Faith
,
they
,
by
a
like
profession
,
confirm'd
,
and
with
one
accord
subscribed
to
.
In
short
,
that
the
Princes
of
whom
I
have
now
been
speaking
did
no
more
,
than
all
the
other
Emperors
have
been
confest
to
have
a
Right
to
do
,
is
manifest
from
the
Constitution
made
to
this
purpose
,
in
a
full
Synod
,
An.
742.
Where
after
a
long
Debate
of
the
Prince
,
with
his
Bishops
and
Priests
,
how
the
Law
of
God
,
and
the
Discipline
of
the
Church
,
might
best
be
restored
;
it
was
,
in
the
very
first
place
resolved
,
that
a
Synod
should
be
held
every
Year
;
and
that
the
Emperor
Capit.
To.
1.
pag.
145.
being
present
,
the
Decrees
of
the
Canons
,
and
the
Rights
of
the
Church
should
be
renew'd
.
and
the
Christian
Religion
be
amended
.
And
how
far
the
Design
of
this
Canon
was
to
extend
,
may
at
large
be
seen
in
the
Injunction
made
thereupon
by
the
Emperour
;
which
we
find
in
the
Collection
of
the
same
Capitularies
,
according
to
the
Edition
of
Benedictus
Levita
,
pag.
823.
Num.
ii
.
ibid.
And
now
,
if
from
Germany
we
pass
into
Charles
the
Great
,
in
that
Kingdom
,
as
well
as
in
the
Empire
;
to
preside
over
his
Clergy
.
Thus
we
see
he
did
in
most
of
those
Synods
,
whose
Acts
remain
to
Us
:
And
in
an
Antient
MS.
of
St.
first
Chapter
carries
this
Inscription
;
Out
of
the
Council
of
Bishops
,
where
Charles
the
Emperor
Presided
.
And
Charles
the
Bald
not
Second
Council
of
Soissons
,
anno
853
:
but
proposed
to
the
Fathers
what
He
desired
they
should
debate
about
;
and
oftentimes
prescribed
to
their
very
Resolutions
also
.
From
what
has
been
said
,
I
may
now
,
I
conceive
,
take
it
for
granted
,
That
the
And
,
1st
.
As
I
have
observed
,
that
One
great
End
of
his
Sitting
there
is
,
to
keep
the
publick
Peace
,
and
to
see
that
all
things
be
Regularly
,
and
Quietly
,
transacted
,
by
the
Bishops
and
Clergy
in
them
;
So
it
must
also
be
allow'd
,
that
He
has
all
that
Power
over
Them
,
that
is
necessary
for
the
obtaining
of
this
End
.
He
may
therefore
,
without
Controversie
,
Commend
the
Modest
and
Ingenuous
;
Reprove
the
Factious
;
May
keep
all
to
their
proper
Business
;
and
not
suffer
them
to
Wander
into
other
Matters
,
or
pursue
any
other
Method
,
than
what
He
has
prescribed
to
Them
.
And
,
if
any
shall
become
so
disorderly
as
to
need
it
,
He
may
,
as
the
antient
Emperors
did
,
not
only
commit
such
turbulent
,
seditious
Persons
,
to
safe
Custody
,
and
punish
them
according
to
the
Nature
of
their
Offence
;
but
,
if
need
be
,
may
annul
the
Acts
that
were
so
tumultuously
and
irregularly
done
by
Them
.
2dly
.
In
the
Debates
of
every
such
Synod
,
of
whatever
kind
they
be
,
the
Prince
may
freely
join
with
the
Synod
;
and
offer
any
Objections
,
or
propose
any
Difficulties
,
He
shall
think
fit
;
in
order
to
his
being
better
convinced
of
the
Truth
of
what
is
to
be
believed
;
or
of
the
Expediency
of
what
is
determined
by
it
.
For
Princes
are
Men
of
Reason
and
Capacity
,
as
well
as
Bishops
and
Priests
;
And
,
when
a
Matter
is
debated
,
may
be
as
capable
of
making
a
sound
Judgment
,
as
any
One
that
is
there
Assembled
.
It
has
,
I
know
,
been
speciously
Objected
against
this
,
that
Princes
have
commonly
Other
things
to
do
than
to
study
Divinity
;
to
read
Commentators
,
Fathers
,
Councils
,
and
the
like
Books
;
which
are
the
proper
Subjects
of
the
Clergies
Meditations
.
This
indeed
is
true
,
nor
shall
I
go
about
to
deny
it
:
But
are
they
sure
it
is
necessary
that
the
Prince
should
have
study'd
all
these
Books
,
to
be
able
to
make
a
sound
Judgment
of
what
may
be
alleged
out
of
Them
?
May
not
a
Point
be
proposed
,
and
Scripture
be
Quoted
,
and
Antiquity
Alleged
;
and
Learned
Men
canvas
these
Matters
so
long
,
till
a
Stander
by
,
who
is
endued
with
a
good
Natural
Judgment
,
shall
be
able
very
evidently
to
discern
,
on
which
side
the
Truth
and
Authority
lies
?
If
not
,
I
am
sure
the
Generality
of
Christians
will
be
left
under
very
hard
Circumstances
;
who
must
,
at
last
,
believe
as
the
Church
believes
;
and
pin
their
Faith
upon
the
Authority
of
their
Clergy
;
and
neither
be
alow'd
to
judge
of
the
Grounds
of
it
,
nor
,
if
once
in
an
Error
,
be
capable
of
ever
being
convinced
of
it
.
But
if
therefore
it
must
be
confess'd
,
that
an
Argument
may
be
managed
by
Learned
Men
,
in
such
wise
,
as
to
convince
those
that
are
not
Learned
,
on
which
side
the
Truth
lies
;
then
certainly
the
Prince
may
also
be
capable
of
discerning
whether
his
Synod
has
Reason
for
their
Definitions
,
or
not
;
tho'
He
has
not
perhaps
himself
Read
so
much
Divinity
,
as
to
be
able
to
enter
into
the
Learned
Part
of
the
Debate
with
the
Fathers
of
it
.
Whether
therefore
it
be
a
Matter
of
Faith
,
or
a
Matter
of
Discipline
;
I
see
no
Reason
why
the
Prince
,
if
he
think
fit
,
may
not
only
be
present
when
the
Synod
debates
about
it
;
but
may
not
also
enter
into
the
Merits
of
the
Cause
with
Them
:
and
propose
his
Doubts
,
and
manage
his
Arguments
,
and
do
whatsoever
is
requisite
to
his
full
Information
,
and
Satisfaction
Concerning
it
.
And
having
done
this
,
I
add
3dly
.
That
as
Charles
the
Emperor
did
in
the
Great
Synod
of
Frankford
,
so
may
Every
Other
Christian
Prince
,
if
he
please
,
do
still
;
I
mean
,
may
Vote
with
Them
in
such
things
as
concern
the
Discipline
of
the
Church
:
Because
in
these
both
the
Rights
of
the
People
,
and
the
Power
of
the
Prince
,
are
,
for
the
most
part
,
very
nearly
concerned
.
Whether
the
Prince
may
judicially
concur
with
the
Clergy
,
in
their
Decisions
in
Matters
of
Faith
,
I
do
not
think
it
worth
the
while
to
dispute
.
Thus
much
I
dare
confidently
affirm
,
That
if
He
may
not
judge
with
them
;
He
not
only
may
,
but
must
,
judge
after
them
.
For
as
much
as
He
is
not
only
concern'd
in
Common
,
with
his
Subjects
,
to
believe
aright
;
but
,
as
a
Christian
Prince
,
ought
to
assert
the
Right
Faith
too
:
And
do
what
in
Him
lies
,
to
promote
the
belief
,
and
profession
of
it
in
his
Dominions
.
For
,
give
me
leave
thus
far
to
anticipate
,
what
I
shall
presently
have
Occasion
more
particularly
to
Consider
:
When
the
Synod
has
settled
the
Doctrine
of
Faith
,
and
framed
,
as
they
conceive
,
a
just
and
Orthodox
Confession
of
it
;
Is
it
the
Duty
of
the
Prince
to
Receive
and
give
Countenance
to
their
Definition
,
or
is
it
not
?
To
say
that
it
is
not
,
is
to
sink
the
Credit
of
such
Meetings
very
low
indeed
,
and
to
make
their
Assembling
of
very
little
Consequence
;
if
,
when
They
have
done
all
they
can
to
fix
the
Doctrine
of
the
Church
,
neither
the
Prince
has
any
Obligation
to
support
their
Definition
,
nor
the
People
to
Receive
it
.
But
if
,
when
the
Synod
has
done
,
and
their
Sentence
is
pass'd
,
and
perhaps
their
Anathema's
too
have
been
thunder'd
out
against
all
that
shall
presume
to
call
their
Decisions
in
Question
:
the
Prince
is
obliged
to
add
his
Sanction
to
their
Definition
:
Then
,
I
hope
,
They
will
think
it
to
be
their
Duty
,
in
order
to
his
confirming
their
Decrees
with
a
Good
Conscience
,
to
convince
him
of
the
Truth
of
them
;
and
not
Expect
that
he
should
not
only
believe
Himself
,
but
should
oblige
Others
to
Believe
,
what
neither
He
,
nor
They
,
see
any
Reason
to
Receive
.
For
whatever
,
in
some
Mens
Opinion
,
a
General
Council
may
be
;
yet
I
hope
no
One
will
pretend
that
we
must
believe
every
particular
Convocation
,
to
be
infallible
,
in
its
Definitions
.
Let
this
then
be
the
Result
of
our
second
Enquiry
;
viz.
*
That
the
Christian
Prince
has
a
Right
to
prescribe
to
his
Synods
the
Work
they
are
to
go
upon
;
and
to
Restrain
them
from
meddling
with
such
things
as
do
not
belong
to
Them
.
*
That
he
may
Direct
,
not
only
the
Subject
,
but
the
Order
,
and
Method
,
of
their
Debates
.
*
That
He
may
,
if
He
please
,
Sit
,
and
Deliberate
,
with
his
Clergy
in
them
:
And
interpose
his
Judgment
,
not
only
in
Matters
of
Discipline
,
but
in
Matters
of
Faith
too
.
*
That
it
is
not
only
his
Right
,
but
his
Duty
to
Examine
what
they
have
concluded
upon
:
and
either
to
Confirm
,
or
Rescind
their
Decisions
,
according
as
He
shall
remain
satisfied
,
or
not
;
of
the
Truth
,
the
Justice
,
and
the
Expediency
of
Them
.
And
this
brings
me
to
the
Third
,
and
last
Question
proposed
to
be
Consider'd
,
[
3dly
.
]
What
the
Authority
of
the
Prince
is
,
with
Relation
to
these
Conventions
,
after
They
have
Ended
what
was
to
be
done
by
Them
.
Now
that
may
be
Consider'd
in
a
double
Respect
:
-
1st
.
With
Reference
to
their
Persons
.
And
,
-
2dly
.
To
their
Acts.
1st
.
With
Reference
to
their
Persons
.
I
have
before
shewn
,
that
no
Synod
can
Regularly
be
assembled
,
without
the
Consent
Civil
Magistrate
.
I
now
add
;
That
neither
,
being
assembled
,
can
They
dissolve
Themselves
,
and
depart
from
any
such
Council
,
till
Licensed
by
him
so
to
do
.
This
is
a
Right
that
has
ever
been
Acknowledged
by
the
Clergy
,
to
belong
to
the
Christian
Prince
;
And
therefore
I
shall
need
to
insist
the
less
upon
the
Proof
of
it
.
When
the
Fathers
,
who
were
call'd
by
Constantius
to
Ariminum
,
had
done
the
Business
for
which
they
were
Convened
;
and
sent
their
Delegates
to
attend
the
Emperor
,
with
an
account
of
their
Proceedings
;
They
finally
besought
Him
that
Catholick
Faith
,
Refused
to
give
any
Answer
to
them
:
Whereupon
,
Growing
weary
of
staying
any
longer
,
at
a
Place
where
they
had
nothing
to
do
,
they
Return'd
,
of
their
Own
Accord
,
to
their
several
Churches
.
But
then
he
tells
us
withal
,
that
this
the
Emperor
Resented
as
a
very
Great
Affront
which
they
put
upon
him
;
and
when
he
had
an
Opportunity
,
he
express'd
his
Resentments
accordingly
against
Them
.
But
Theodosius
and
Valentinian
took
more
Care
of
the
General
Council
assembled
by
them
at
Ephesus
.
For
having
appointed
Candidian
to
look
after
it
;
one
part
of
that
Instruction
which
they
gave
to
him
was
this
,
that
he
should
by
all
means
take
Care
that
none
of
the
Bishops
left
the
City
,
till
all
things
were
Catholick
Faith
,
in
Opposition
to
the
Heretical
doctrine
of
Nestorius
;
upon
whose
account
that
Synod
was
Assembled
.
Such
was
the
Right
which
the
Emperors
claim'd
over
their
Bishops
in
this
particular
:
And
for
the
Exercise
of
it
,
we
General
Council
.
Where
when
Marcian
the
Emperor
came
into
the
Synod
,
and
approv'd
what
the
Fathers
had
done
;
after
their
other
Acclamations
,
they
all
unanimously
requested
,
We
beseech
thee
dismiss
,
or
dissolve
us
.
To
this
the
Emperor
return'd
,
that
they
should
tarry
yet
Three
or
Four
days
;
and
move
whatever
they
would
,
and
they
should
receive
all
due
Encouragement
from
him
.
And
then
concluded
the
Session
with
these
Words
,
see
that
none
of
you
depart
from
the
Holy
Synod
,
before
all
things
It
is
therefore
the
duty
of
all
Synods
,
as
they
are
Conven'd
by
the
Princes
Authority
,
so
to
tarry
till
they
have
the
same
Authority
for
their
Dissolution
.
As
for
the
last
particular
,
wherein
we
are
to
consider
the
Power
of
the
Christian
Magistrate
,
viz.
2dly
.
With
Relation
to
the
Acts
of
their
Synods
:
It
is
,
I
conceive
,
allow'd
on
all
hands
,
that
their
definitions
are
no
farther
obligatory
,
than
as
they
are
Ratified
,
and
Confirm'd
by
the
Civil
Authority
.
For
though
the
Faith
of
Christ
neither
depends
upon
the
Authority
of
Man
,
nor
is
subject
to
the
Power
either
of
Synods
,
or
Princes
,
as
to
what
concerns
the
Truth
of
it
:
Yet
what
that
Faith
is
which
shall
be
allow'd
to
be
profess'd
,
in
every
Community
,
by
the
Laws
of
it
;
and
receive
not
only
Protection
,
but
Encouragement
,
from
the
Civil
Power
,
must
be
left
to
the
Prince
to
determine
:
And
the
definitions
of
Synods
in
favour
of
it
,
will
signifie
very
little
,
till
what
they
have
determin'd
to
be
the
right
Faith
,
be
also
allow'd
by
the
Civil
Magistrate
,
to
be
publickly
profess'd
and
taught
;
and
be
receiv'd
into
his
favour
,
and
under
his
Patronage
,
as
such
.
But
much
more
reasonable
as
well
as
necessary
,
is
the
Confirmation
of
the
Prince
,
to
give
Authority
to
those
Canons
which
regard
the
discipline
,
and
politie
,
of
the
Church
.
Because
in
these
the
interest
of
the
State
is
Concern'd
:
And
an
Authority
usurp'd
;
and
Mens
civil
Interests
either
directly
,
or
by
consequence
,
affected
:
And
to
all
which
as
the
Consent
of
the
Prince
is
requir'd
,
so
the
nature
and
ends
of
Government
will
not
permit
,
that
any
thing
of
this
kind
should
be
done
,
within
the
State
,
without
his
Consent
first
obtain'd
for
the
doing
of
it
.
Hence
it
is
that
,
from
the
Beginning
,
Christian
Princes
have
not
only
taken
upon
them
to
confirm
the
Acts
of
their
Synods
,
if
they
have
thought
fit
;
but
have
been
petition'd
to
by
their
Synods
,
that
they
would
do
so
.
Thus
Constantine
the
Great
was
desired
,
by
the
first
General
[
‖
](A66113-e34970-b)
‖
Vid.
Ep.
Concil.
ad
Theod
Im.
The
same
was
Demanded
of
Theodosius
,
by
the
Second
General
Council
of
Constantinople
.
[
*
](A66113-e35010-b)
*
Act.
Con.
Eph.
Act.
6.
p.
764.
&c.
Item
part.
3.
c.
15.
47.
In
the
Third
General
Council
of
Ephesus
,
the
Fathers
in
like
manner
address'd
to
the
younger
Theodosius
and
Valentinian
,
for
the
Ratification
of
what
had
been
done
by
Them
:
And
so
did
Those
of
the
Council
of
Chalcedon
,
to
Marcian
the
Emperor
,
It
were
an
Easie
Matter
to
shew
,
that
the
same
Method
still
continued
in
all
other
Countries
,
and
Kingdoms
after
;
so
that
no
Princes
ever
suffer'd
any
Canons
to
be
put
in
Execution
,
till
they
had
first
been
View'd
,
and
Approv'd
of
by
them
,
as
no
way
prejudicial
to
their
Royal
Power
and
Dignity
.
But
because
this
is
a
Point
,
that
is
not
,
I
conceive
,
at
all
deny'd
among
us
;
and
that
I
look
upon
the
Power
of
the
Christian
Prince
to
extend
much
farther
,
than
to
the
bare
Confirmation
of
what
the
Synod
has
determined
;
I
will
proceed
more
particularly
to
shew
,
what
his
Authority
in
this
Respect
,
is
;
and
how
the
final
Determinations
of
such
Assemblies
,
fall
at
last
under
the
Power
of
the
Prince's
Judgment
.
And
1st
;
As
it
would
be
absurd
to
immoderate
Power
to
the
one
,
but
unreasonably
to
confine
and
limit
the
other
.
It
were
in
truth
to
hood-wink
the
Prince
,
and
not
allow
him
the
common
Privilege
of
a
Rational
Creature
;
to
know
and
examine
his
Actions
,
and
proceed
with
Reason
and
Discretion
in
Them
.
And
it
were
as
well
plainly
to
say
that
Synods
have
a
Supreme
Authority
;
and
are
no
way
accountable
to
any
Civil
Power
in
what
they
do
:
As
to
pretend
that
the
Prince
shall
be
obliged
,
at
all
Adventures
,
to
Ratifie
,
and
the
People
(
by
consequence
)
to
submit
to
,
whatsoever
it
shall
please
them
to
determine
.
It
were
indeed
to
be
wish'd
,
that
such
Venerable
Assemblies
might
always
be
composed
of
Men
so
Wise
,
and
Prudent
;
and
that
they
would
proceed
in
all
things
so
calmly
and
impartially
;
that
the
Prince
might
evermore
find
it
to
be
both
Just
,
and
Honourable
,
for
Him
,
to
take
upon
him
the
Protection
and
Guardian-ship
of
their
Definitions
.
But
because
such
is
the
Condition
of
Humane
Nature
,
that
Passion
and
Prejudice
,
Ignorance
and
Interest
,
Noise
and
Clamour
,
oftentimes
break
in
,
and
confound
the
Proceedings
of
these
,
as
well
as
of
all
Other
Assemblies
;
and
many
things
are
debated
hastily
,
carried
on
with
Faction
,
and
concluded
Unreasonably
;
't
is
very
fit
and
just
,
that
the
Prince
should
give
Direction
to
have
their
Actions
carefully
Review'd
,
and
Consider'd
,
before
He
assents
to
Them
:
That
so
he
may
not
be
imposed
upon
,
nor
do
either
the
Church
,
or
Himself
a
Prejudice
,
by
a
blind
complyance
with
the
Dictates
of
his
Clergy
.
And
for
the
same
Reason
that
He
ought
to
have
a
Power
of
Examining
the
Councils
Acts
;
it
follows
,
2dly
.
That
he
must
also
be
allow'd
to
have
a
Power
of
Annulling
,
and
Rejecting
what
they
have
done
,
if
it
shall
appear
to
be
Hurtful
,
or
Unjust
;
as
well
as
a
Power
to
Ratifie
and
Confirm
it
;
if
they
shall
be
found
to
have
proceeded
canonically
,
and
to
have
acted
for
the
Good
,
and
Benefit
,
of
the
Church
.
It
being
in
vain
to
allow
the
Prince
a
Liberty
of
Examination
,
if
there
be
not
left
him
a
Liberty
of
Choice
and
Resolution
:
And
an
Authority
indifferently
either
to
confirm
,
or
reject
their
Definitions
;
according
to
the
Judgment
which
He
shall
finally
pass
upon
Them
.
But
because
,
where
many
things
are
Done
,
and
several
Constitutions
made
;
it
is
possible
a
different
Judgment
may
finally
Remain
in
the
Mind
of
the
Prince
concerning
Them
;
so
that
He
may
Approve
of
some
part
of
what
the
Synod
has
determined
,
and
dislike
the
Rest
:
It
will
from
hence
farther
follow
,
3dly
.
That
he
ought
to
have
a
Power
not
only
to
confirm
,
or
reject
,
the
whole
of
what
the
Synod
has
done
;
but
to
confirm
that
part
of
their
Acts
which
he
is
perswaded
will
be
for
the
Churches
Benefit
;
and
to
annul
that
,
which
he
thinks
would
be
otherwise
.
Whether
it
will
be
thought
to
be
as
Reasonable
,
4thly
,
That
the
Prince
should
be
allow'd
a
farther
Power
to
alter
,
or
improve
,
what
the
Synod
has
defined
;
to
add
to
,
or
to
take
from
it
;
so
as
to
render
it
,
in
his
Opinion
,
more
useful
to
the
End
for
which
it
was
design'd
,
I
cannot
tell
.
But
sure
I
am
that
this
Princes
have
done
;
and
so
,
I
think
,
they
have
Authority
to
do
.
For
since
the
Legis-lative
Power
is
lodged
in
their
hands
,
so
that
they
may
make
what
Laws
,
or
Constitutions
,
they
think
fit
,
for
the
Church
,
as
well
as
for
the
State
:
Since
a
Synod
,
in
matters
relating
to
Discipline
,
is
but
a
kind
of
Council
to
them
,
in
Ecclesiastical
Affairs
;
whose
Advice
having
taken
,
they
may
still
act
as
they
think
fit
:
Seeing
,
lastly
,
a
Canon
,
drawn
up
by
a
Synod
,
is
but
as
it
were
Matter
prepared
for
the
Royal
Stamp
;
the
last
forming
of
which
,
as
well
enforcing
whereof
,
must
be
left
to
the
Prince's
Judgment
:
I
cannot
see
why
the
Supreme
Magistrate
,
who
confessedly
has
a
Power
to
confirm
,
or
reject
,
their
Decrees
,
may
not
also
make
such
other
Use
of
them
as
he
pleases
;
and
correct
,
improve
,
or
otherwise
alter
their
Resolutions
,
according
to
his
own
liking
,
before
he
gives
Authority
to
them
.
'T
is
true
,
in
this
Case
,
the
Prince
will
not
so
much
confirm
what
the
Synod
has
done
,
as
take
Occasion
from
that
which
the
Synod
has
done
,
to
make
another
Ecclesiastical
Law
of
his
Own
.
But
still
this
Power
the
Supreme
Civil
Magistrate
has
:
And
if
this
be
all
the
Use
he
shall
think
fit
to
make
of
his
Synod
,
viz.
to
suggest
to
him
fit
matter
for
the
making
of
some
seasonable
and
good
Laws
;
I
do
not
see
wherein
he
can
be
accounted
to
abuse
his
Authority
:
And
sure
I
am
,
't
is
no
small
Service
done
the
Church
,
to
suggest
such
Thoughts
to
the
Prince
,
as
otherwise
perhaps
might
never
have
entred
into
his
Mind
.
And
as
the
Prince
has
this
Authority
Canonical
Resolutions
of
his
Synods
,
so
has
he
no
less
,
over
their
Judicial
Determinations
:
Which
,
5thly
.
He
may
either
confirm
,
suspend
,
or
totally
annul
;
as
he
thinks
they
have
proceeded
either
fairly
,
and
impartially
,
and
with
good
Judgment
;
or
else
hastily
,
and
partially
,
and
with
Prejudice
in
them
.
For
the
Prince
,
as
He
is
the
supreme
Fountain
of
Justice
in
the
State
,
so
does
it
appertain
to
him
to
rectify
the
undue
Proceedings
of
inferiour
Judges
:
And
to
his
Conscience
there
will
always
lie
an
Appeal
,
let
the
Synod
determine
how
it
will
.
These
are
the
Rights
of
Christian
Princes
,
with
respect
to
the
Actions
of
Synods
,
after
they
have
done
their
Business
;
and
that
these
have
All
been
confirm'd
and
allow'd
of
to
them
by
such
Assemblies
,
I
shall
now
proceed
,
from
a
brief
History
of
this
Matter
,
to
shew
.
When
Nestorius
had
infected
the
Church
with
his
Heresie
,
he
was
by
two
of
the
Greatest
Patriarchs
of
the
World
,
Celestine
Bishop
of
Rome
,
and
Cyril
Bishop
of
Alexandria
,
in
their
several
Provincial
Synods
,
justly
condemn'd
;
unless
he
should
repent
of
his
Error
within
ten
days
.
Being
inform'd
of
these
Sentences
,
thus
pass'd
against
him
,
he
applied
himself
to
Theodosius
the
Emperor
;
complain'd
of
their
Proceedings
,
and
desired
that
a
General
Council
might
be
call'd
,
to
judge
of
this
Matter
.
Theodosius
,
who
at
the
same
time
was
moved
by
Others
to
the
same
purpose
;
Resolves
upon
a
General
Council
to
meet
at
Ephesus
;
and
in
the
mean
time
,
suspends
the
Decrees
of
the
two
Provincial
Synods
,
and
orders
that
nothing
should
be
innovated
till
that
Council
should
meet
.
And
when
the
Council
was
met
,
the
Fathers
were
so
far
from
complaining
of
this
Suspension
,
as
a
hard
thing
;
that
they
appointed
the
Emperor's
Order
to
be
inserted
into
their
Acts
,
and
thereby
gave
a
kind
of
Conciliary
Authority
to
it
.
Or
if
this
be
not
yet
plain
enough
,
let
it
farther
be
observed
,
that
the
Council
hereupon
treated
Nestorius
,
both
in
Words
and
Actions
,
as
a
Catholick
Bishop
;
and
invited
him
to
come
,
and
sit
among
them
as
such
.
Which
evidently
shews
,
that
the
Council
made
no
doubt
,
but
that
the
Emperor
had
sufficient
Authority
to
suspend
those
Synods
Decrees
;
and
that
by
his
Suspension
,
their
Sentence
had
not
yet
taken
place
against
him
.
And
the
same
was
done
in
the
Case
of
Eutyches
,
the
next
great
Heretick
that
infested
the
Church
.
Who
being
condemn'd
by
Flavian
,
Patriarch
of
Constantinople
,
and
his
Council
;
obtain'd
of
Theodosius
another
General
Council
to
meet
at
Ephesus
,
under
the
Presidence
of
Dioscorus
Patriarch
of
Alexandria
.
In
this
Council
,
by
the
Power
and
Fury
of
Dioscorus
,
all
was
tumultuously
transacted
;
and
Flavian
was
condemn'd
,
as
having
deposed
Eutyches
contrary
to
the
Canons
.
Against
this
Sentence
,
Flavian
appeals
;
and
Pope
Leo
being
applied
to
,
calls
a
Synod
at
Rome
,
and
therein
rejects
the
Acts
of
the
Ephesine
Council
;
in
which
all
things
had
been
carried
in
a
very
disorderly
,
and
●ncanonical
Manner
.
For
the
better
repealing
of
which
,
Leo
applies
to
Theodosius
for
help
:
He
intreats
him
,
that
he
would
by
his
Authority
res●ind
all
that
had
been
done
,
either
by
Flavian
against
Eutyches
,
or
by
Dioscorus
against
Flavian
;
or
at
least
would
suspend
it
,
till
a
General
and
Free
Council
should
determine
the
Matter
.
'T
is
true
,
this
Theodosius
would
not
consent
to
;
tho'
Leo
had
interested
no
less
Persons
than
Valentinian
,
and
his
Empress
,
in
the
Cause
with
him
.
But
yet
Leo's
Request
shews
that
he
thought
the
Emperor
had
Power
to
res●ind
the
Acts
of
Both
those
Councils
:
And
his
Refusal
convinces
us
,
that
he
himself
thought
he
was
no
way
concluded
by
what
Leo
,
and
his
Synod
,
had
resolved
:
in
Opposition
to
the
Council
of
Ephesus
.
However
,
what
Theodosius
refused
,
Marcian
assented
to
.
He
caused
a
General
Council
to
be
held
at
Calcedon
;
and
when
he
found
Flavian
to
be
justified
by
it
,
he
revoked
both
the
Definition
of
the
former
Synod
,
and
the
Constitution
of
Theodosius
against
him
.
Such
an
Authority
were
the
Emperors
wont
to
exercise
over
the
Acts
of
the
most
General
Councils
,
in
confirming
,
suspending
,
or
annulling
their
Sentences
!
And
so
undoubtedly
did
the
Bishops
in
those
times
believe
that
they
ought
of
Right
to
be
allow'd
such
an
Authority
.
Nor
has
the
Prince
any
less
Power
to
When
Reccaredus
confirm'd
the
Canons
of
the
Third
National
Council
of
Toledo
;
he
gave
this
Reason
why
he
did
it
,
That
Edict
.
Reg.
de
Confirm
.
Conc●●ii
Tol.
iii.
Cum
enim
sensus
maturitate
,
&
intelligentiae
Gravitate
,
constant
esse
digesta
,
nostra
proinde
Authoritas
jubet
,
&c.
—
Capitula
enim
quae
nostris
sensibus
placita
,
&
disciplinae
Congrua
,
à
praesenti
conscripta
sunt
Synodo
;
in
omni
Auctoritate
—
observentur
,
&
maneant
.
they
were
composed
with
great
maturity
of
Sense
and
Understanding
;
that
they
were
agreeable
to
his
Judgment
,
and
conformable
to
the
Discipline
of
the
Church
.
It
was
the
same
Perswasion
that
moved
Ervigius
to
confirm
the
Acts
of
the
Thirteenth
Synod
,
held
in
the
same
City
.
Royal
Authority
form'd
their
Canons
,
into
an
Ecclesiastical
Law
,
for
all
his
People
to
observe
.
The
same
did
Egica
,
in
the
Seventeenth
Council
:
The
truth
is
,
it
seems
to
have
been
the
usual
Method
of
the
Princes
about
this
time
;
not
so
much
to
confirm
the
very
Acts
of
their
Synods
,
as
to
form
the
Substance
of
their
Definitions
into
a
Law
;
and
to
take
Occasion
from
their
Decrees
,
to
determine
such
things
as
concern'd
the
Church
.
Thus
the
Spanish
Kings
,
now
mention'd
,
did
:
and
so
Clotharius
the
Third
,
did
,
with
Respect
to
the
Fifth
Council
of
Paris
,
An.
615.
He
publish'd
his
Edict
in
the
Close
of
it
;
and
therein
expresly
establish'd
what
the
Fathers
,
in
the
Synod
,
had
agreed
to
.
It
was
after
the
same
manner
,
that
a
great
part
of
the
Capitulars
of
the
French
Kings
were
composed
.
They
took
the
Substance
of
what
their
Synods
had
agreed
Capit.
1.
An.
813
sive
Capitula
xxviii
.
de
Confirmatione
Constitutionum
quas
Episcopi
in
Synodis
,
Auctoritate
Regiâ
nuper
habitis
,
constituerant
.
—
Et
capit
.
An.
814.
cap.
xiii
.
Has
omnes
Constitutiones
ecclesiasticas
,
quas
summatim
,
breviterque
perstrinximus
,
sicut
plenius
in
Canone
continentur
,
manere
p●renni
stabilitate
sancimus
.
Col.
530
Tom.
1.
Baluz
.
to
;
and
having
examined
,
and
form'd
it
,
according
to
their
own
liking
,
they
publish'd
it
for
a
Law
to
their
Subjects
.
Insomuch
that
sometimes
they
have
even
referr'd
to
the
Canons
of
their
Synods
,
for
the
more
clear
understanding
of
what
the
Law
had
only
briefly
,
and
,
in
general
,
deliver'd
.
Such
,
in
particular
,
was
the
Use
which
both
Carloman
,
and
Charles
the
Emperor
,
made
of
his
Synods
.
They
call'd
them
,
as
their
Council
,
to
advise
them
in
Ecclesiastical
Matters
;
and
their
Synods
look'd
Third
Council
of
Tours
,
declare
,
that
they
met
to
assist
the
Fifty
one
Canons
,
they
thus
finally
conclude
All
:
These
things
we
have
thus
debated
in
Ib.
p.
1270.
Our
Convention
:
But
how
it
will
please
our
most
Pious
Prince
hereafter
to
Act
,
with
Relation
there
unto
;
we
,
his
faithful
Servants
,
are
Ready
,
with
a
willing
Mind
to
submit
to
his
Pleasure
.
And
the
same
was
the
Deference
which
the
Council
of
Arles
,
which
met
the
same
Year
,
paid
to
his
Authority
.
These
things
,
say
the
Fathers
,
which
we
found
Conc.
Arelat
.
vi
.
post
Can.
26.
Haec
igitur
sub
brevitate
,
quae
Emendatione
digna
perspeximus
,
quàm
brevissimè
annotavimus
,
&
Domino
Imperator●
presentanda
decrevimus
;
Ut
siquid
hic
minus
est
,
ejus
prudentia
suppleatur
:
siquid
secus
quàm
se
Ratio
habet
,
ejus
judicio
emendetur
:
siquid
Rationabilier
taxatum
est
,
ejus
ad●utorio
,
divina
opi●ulan●e
Clementia
,
perficiatur
.
to
need
Amendment
,
we
have
in
a
few
words
,
after
the
shortest
manner
,
observed
,
and
decreed
to
present
to
our
Lord
the
Emperor
:
Beseeching
his
Clemency
,
that
if
Any
thing
be
found
wanting
,
it
may
be
supplied
by
his
Prudence
;
If
any
thing
be
designed
otherwise
than
in
Reason
it
ought
to
have
been
,
by
his
Judgment
it
may
be
Amended
;
if
any
thing
be
Well
and
Rationally
decreed
,
it
may
thro'
his
Help
,
by
the
Blessing
of
God
,
be
brought
to
Perfection
.
Such
a
Submission
did
these
Synods
pay
to
their
Emperor
:
And
this
makes
good
what
Eginhart
,
a
Contemporary
Author
,
of
the
Life
of
Charles
the
Great
has
observed
,
as
to
this
Matter
:
That
Councils
,
by
his
command
,
were
held
throughout
all
France
,
for
correcting
the
State
of
the
Church
;
And
the
Constitutions
which
were
made
in
Each
of
Them
,
were
All
together
Compared
,
and
Examined
by
Him
,
in
the
Convention
of
Aix
la
Chappelle
,
Anno
813.
I
might
farther
confirm
this
,
from
the
Instances
of
many
other
Synods
,
which
have
in
like
manner
,
own'd
the
same
Authority
:
But
I
shall
conclude
all
with
the
Words
of
that
Council
,
which
gave
Pattern
to
all
the
Rest
of
that
Country
;
I
mean
the
First
Council
of
Orleans
,
under
King
Clouis
,
Anno
511
:
whose
Epistle
to
the
King
runs
in
these
Terms
:
To
their
Lord
,
the
Son
of
the
Catholick
Church
;
the
most
Glorious
King
Clouis
,
all
the
Priests
whom
you
have
commanded
to
come
to
the
Council
.
For
as
much
as
so
great
a
Care
of
our
Inter
Act.
Concil.
Aurelian
.
1.
Anno
511.
Glorious
Faith
stirs
you
up
,
to
the
Honour
of
the
Catholick
Religion
,
that
with
the
Affection
of
a
Priestly
Mind
,
you
have
commanded
your
Priests
to
be
gathered
together
into
one
Place
,
to
treat
of
such
things
as
are
Necessary
;
We
have
,
according
to
the
Purpose
of
your
Will
,
and
the
Heads
which
you
gave
to
us
,
answer'd
in
Our
Definition
,
as
to
us
seem'd
Good
:
So
that
if
those
things
which
we
have
Established
,
are
also
approved
of
,
as
Right
,
by
your
Judgment
;
The
Consent
of
so
great
a
King
,
and
Lord
,
may
Confirm
the
Sentence
of
the
Priests
,
to
be
observed
with
the
Greater
Authority
.
And
thus
have
I
done
with
the
First
Christian
Prince
has
always
been
accounted
to
have
over
Ecclesiastical
Synods
;
with
respect
to
the
Assembling
of
them
;
to
their
Proceedings
whilst
they
are
Sitting
;
and
to
the
Confirming
,
or
Annulling
,
their
Decrees
afterwards
.
I
shall
make
only
an
Observation
or
two
upon
the
whole
,
with
Respect
to
our
present
purpose
;
and
so
conclude
this
Chapter
.
And
,
1st
.
I
must
take
notice
,
that
whatever
Privileges
I
have
here
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
look'd
upon
as
part
of
those
Rights
,
which
naturally
belong
to
Sovereign
Authority
.
Hence
we
find
,
that
All
Princes
,
in
All
wountries
,
how
different
soever
they
have
been
in
other
Respects
,
have
yet
evermore
claim'd
an
Equal
Authority
in
these
Matters
.
And
the
little
Kings
of
Suevia
,
and
Burgundy
,
accounted
themselves
to
have
as
good
a
Title
to
Them
,
as
the
Roman
Emperors
,
in
their
most
flourishing
Estate
,
had
.
Which
being
so
,
it
will
follow
2dly
:
That
every
Sovereign
Prince
,
has
a
Right
to
Exercise
this
Authority
,
within
his
Dominions
:
And
that
to
prove
this
Right
,
it
is
sufficient
to
shew
,
That
he
is
a
Sovereign
Prince
;
and
therefore
ought
not
to
be
deny'd
any
of
those
Prerogatives
,
which
belong
to
such
a
Prince
;
among
which
this
Authority
is
One.
'T
is
true
,
such
Princes
may
,
by
their
own
Acts
,
limit
themselves
,
as
they
think
fitting
.
And
these
Limitations
may
give
such
Assemblies
a
Privilege
in
One
Country
,
beyond
what
they
have
in
Another
.
But
then
these
Limitations
must
be
plainly
proved
to
have
been
made
in
their
favour
:
And
till
they
are
so
,
the
Prince
must
be
accounted
to
have
a
Right
to
that
Power
,
which
,
as
a
Prince
,
belongs
Him
;
and
is
not
yet
proved
to
have
been
given
away
by
Him
.
And
therefore
3dly
:
Whereas
it
is
now
to
be
Enquired
,
What
the
Authority
of
our
Kings
is
,
over
our
Convocations
;
We
have
thus
far
proceded
towards
the
discovery
of
it
,
that
we
have
shewn
what
Power
They
had
Originally
over
Them
,
and
,
as
Christian
Princes
,
ought
still
to
Enjoy
.
And
those
who
will
Restrain
Them
with
narrower
Bounds
,
must
first
shew
,
how
they
came
to
lose
that
Power
,
which
they
would
take
from
Them
;
and
which
,
till
This
shall
be
cleared
,
they
must
be
Presumed
still
to
have
a
Right
to
.
CHAP.
III.
Of
the
Authority
which
our
Own
Kings
have
over
their
Convocations
;
with
Respect
both
to
their
Meeting
,
and
Acting
first
;
and
to
the
Confirming
,
or
Annulling
of
their
Acts
after
.
WE
have
now
seen
what
Authority
Christian
Princes
have
claim'd
and
Exercised
over
their
Clergy
,
from
the
first
Conversion
of
the
Empire
to
Christianity
;
till
the
Prevalence
of
the
Papal
Power
,
began
to
deprive
Them
of
that
Supremacy
,
which
,
of
Right
,
belong'd
to
Them
.
Let
us
go
on
,
upon
this
Foundation
,
to
Enquire
.
II.
Whether
our
Own
Kings
,
have
not
as
Great
an
Authority
over
their
Convocations
;
as
any
Other
Princes
have
ever
pretended
to
,
over
their
Councils
?
That
this
,
of
Right
,
they
Ought
to
have
,
I
have
before
observed
:
The
only
Question
is
,
whether
our
Own
particular
Constitution
has
interposed
,
to
deprive
Them
of
that
Authority
,
which
,
we
have
already
shewn
,
did
originally
belong
to
Them
.
And
here
I
might
justly
leave
it
to
Those
who
advance
such
Pretences
,
to
produce
their
Proofs
,
and
shew
us
upon
what
Grounds
they
do
it
:
And
account
the
Right
of
our
Kings
to
this
Authority
,
to
have
been
sufficiently
established
,
in
that
common
Claim
,
which
I
have
already
proved
all
Christian
Princes
,
as
such
,
have
ever
made
to
the
Exercise
of
of
it
.
But
that
nothing
may
be
wanting
to
the
clearing
of
this
Matter
,
beyond
all
reasonable
Exception
;
I
shall
,
to
the
General
Argument
I
have
before
made
use
of
,
add
those
particular
Confirmations
,
which
our
own
Laws
and
Customs
afford
us
,
of
this
Truth
:
And
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
.
(
1st
.
)
Then
,
if
we
consider
His
Authority
,
as
to
the
first
thing
before-mention'd
,
viz.
of
Calling
together
of
the
Clergy
,
in
Convocation
.
We
are
told
by
One
of
the
most
Eminent
Professors
of
our
Laws
,
that
it
was
,
among
other
Points
,
Resolved
by
the
Two
Chief
Justices
,
and
other
Judges
,
at
a
Committee
of
Lords
in
Parliament
;
Trin.
8.
Jac.
1.
That
a
Convocation
cannot
Assemble
,
at
their
onvocation
,
without
the
Assent
of
the
King
.
And
One
would
think
such
Persons
should
not
only
be
very
well
Qualified
to
know
what
our
Law
is
;
but
should
also
be
very
Careful
,
(
especially
at
such
a
Time
,
and
in
such
a
Place
,
)
not
to
deliver
any
thing
for
Law
,
which
They
were
not
very
well
assured
was
so
.
But
because
some
have
excepted
against
the
Authority
of
this
Report
;
as
a
Piece
that
was
published
after
the
Death
of
the
Author
,
and
in
Suspected
Times
;
(
Tho'
I
cannot
see
what
Interest
any
One
should
have
,
to
falsifie
his
Relation
in
the
Instance
before
Us
;
)
We
will
take
his
Opinion
from
a
Book
which
we
are
sure
is
Authentick
,
and
lies
open
to
no
Exceptions
.
4.
Instit.
pag.
322.
Where
treating
expresly
about
the
Court
of
Convocation
,
He
affirms
,
that
the
Clergy
were
never
Assembled
,
or
Call'd
together
,
at
a
Convocation
,
but
by
the
King
's
Writ
.
And
in
which
,
tho'
I
am
sensible
He
has
spoken
a
little
too
Generally
,
as
to
matter
of
Fact
;
yet
in
point
of
Law
,
(
and
in
which
only
I
make
use
of
his
Authority
,
)
I
cannot
but
look
upon
him
to
have
been
absolutely
in
the
Right
:
It
being
certain
that
the
Clergy
not
only
now
cannot
,
but
never
could
be
,
lawfully
,
call'd
together
in
Convocation
,
but
by
the
King
's
●rit
,
or
with
his
Consent
.
And
in
affirming
this
I
say
no
more
,
than
what
was
the
joint
Opinion
of
the
whole
Representative
Body
of
the
Nation
;
as
well
of
the
Clergy
in
their
Convocation
,
as
of
the
rest
of
the
Realm
,
in
Parliament
;
25
Hen.
8.
And
from
whence
,
if
from
any
Authority
,
we
may
certainly
the
best
take
our
Measure
to
judge
,
Whether
a
thing
does
,
of
Right
,
belong
to
the
King
,
and
is
a
part
of
his
Royal
Prerogative
,
or
No.
For
,
1st
.
As
for
the
Clergy
;
We
are
told
in
the
Preamble
to
the
Act
of
the
25
Hen.
8.
chap.
19.
That
the
Clergy
of
this
Realm
of
England
,
had
acknowleged
,
that
the
Convocation
of
the
same
Clergy
is
,
always
hath
been
,
and
ought
to
be
,
Assembled
,
only
by
the
King
's
Writ
.
And
,
2dly
.
As
for
the
Laity
,
the
Parliament
in
the
same
Act
not
only
concurs
in
the
same
opinion
with
Them
,
in
the
Preamble
before-mention'd
;
that
this
their
Acknowledgment
was
according
to
the
Truth
:
But
in
the
Body
of
the
Act
it self
,
have
Provided
thereupon
,
that
from
thenceforth
They
never
should
meet
in
Convocation
,
without
the
King's
Leave
,
to
Empower
them
so
to
do
:
Be
it
enacted
(
say
They
)
by
the
Authority
of
this
present
Parliament
,
according
to
the
said
Submission
,
and
Petition
of
the
said
Clergy
;
That
They
,
ne
any
of
Them
,
from
henceforth
,
shall
presume
to
Attempt
,
&c.
Nor
shall
Enact
,
&c
—
in
their
Convocations
,
in
time
Coming
;
Which
always
shall
be
assembled
by
Authority
of
the
King
's
Writ
.
And
from
all
which
it
is
Evident
,
that
in
the
Opinion
both
of
that
Parliament
,
and
of
that
Convocation
;
the
King
not
only
ought
to
have
,
and
by
Law
,
now
has
,
the
sole
Authority
of
Calling
the
Clergy
together
in
Convocation
;
but
that
this
is
such
a
Power
as
did
always
of
Right
belong
to
Him
;
and
that
no
Convocation
ever
could
be
lawfully
assembled
,
without
his
Permission
,
or
against
his
.
Hence
it
is
that
not
only
our
Present
Convocations
are
all
summoned
by
the
King
's
Writ
,
directed
to
the
Archbishop
of
Each
Province
,
for
that
purpose
;
but
if
we
look
back
to
the
times
preceeding
this
Statute
,
we
shall
find
the
same
to
have
been
the
antient
manner
of
summoning
of
Them
.
And
tho'
,
in
a
matter
of
this
Nature
,
it
is
not
to
be
expected
we
should
be
able
to
produce
the
very
Copies
of
the
Writs
,
by
which
our
Convocations
were
called
,
from
the
beginning
;
yet
I
shall
hereafter
plainly
prove
,
that
,
from
the
beginning
,
they
did
meet
by
the
King's
Command
:
And
we
have
the
very
Writs
of
Summons
as
far
back
as
the
9
Edw.
2
;
that
is
to
say
,
for
above
200
years
,
before
this
Acknowledgment
of
the
Clergy
,
and
Act
of
Parliament
,
were
made
.
Such
Right
have
our
Kings
to
Call
their
Convocations
:
Nor
is
their
Authority
If
we
consider
the
Time
,
and
Place
of
their
Meeting
,
they
are
expresly
limited
in
the
Writ
,
by
which
They
are
Summon'd
.
And
tho'
Custom
has
,
of
late
,
so
far
prevail'd
,
that
the
Convocation
has
generally
met
at
the
same
Time
that
the
Parliament
has
done
;
and
at
St.
Paul's
Church
,
or
Chapter
House
in
London
;
yet
have
not
our
Kings
ever
been
so
far
confined
in
either
of
these
Particulars
,
as
not
to
have
it
still
in
their
Power
,
to
call
the
Convocation
at
any
other
time
,
or
to
any
other
place
,
which
they
shall
think
sit
.
In
that
antient
Summons
I
before
mention'd
;
(
perhaps
the
most
antient
of
any
we
have
now
remaining
;
)
of
the
9th
.
of
Edw.
II.
The
Convocation
was
call'd
to
meet
Febr.
9.
but
the
Parliament
sate
October
16.
foregoing
.
And
in
the
Writs
of
these
latter
times
,
though
the
Convocation
be
call'd
,
and
its
Session
confin'd
to
that
of
the
Parliament
;
yet
still
,
if
the
King
pleases
,
he
may
continue
the
Paul's
,
London
;
but
for
the
most
part
is
left
,
with
a
Greater
Latitude
,
to
be
held
at
any
other
Place
,
which
the
Archbishop
shall
judge
to
be
more
convenient
for
it
.
And
the
same
is
the
Case
as
to
the
King
's
Writ
,
so
must
it
be
allow'd
to
have
Originally
depended
upon
it
.
For
having
first
declared
,
in
General
,
the
Reason
,
wherefore
he
had
resolv'd
to
call
his
Clergy
together
;
He
next
goes
on
to
specifie
,
in
particular
,
whom
he
required
the
Archbishop
to
summon
to
the
Convocation
:
That
he
should
Order
first
the
Bishops
of
his
Province
,
with
the
Deans
,
and
Archdeacons
,
to
come
in
[
*
](A66113-e42590-b)
*
Before
the
dissolution
of
our
Monasteries
,
the
Abbots
and
Priors
were
to
meet
〈◊〉
Person
likewise
:
See
the
old
Summon●
.
Append
.
Person
;
and
,
secondly
,
the
Chapters
,
and
Archdeaconries
,
to
send
their
several
Proxies
,
to
represent
them
;
the
Chapters
,
one
of
their
body
;
and
every
Archdeaconry
two
,
to
be
chosen
by
them
for
that
purpose
.
I
shall
not
need
to
enquire
,
how
this
came
to
be
the
settled
number
that
was
to
make
up
our
Provincial
Synods
,
or
Convocations
.
Whether
this
manner
of
Choice
was
deriv'd
from
the
antient
manner
of
holding
Convocations
,
into
the
Parliamentary
Writs
;
or
from
the
Parliamentary
Writs
of
King
Edward
I.
into
the
summons
of
Convocations
,
which
from
thenceforth
usually
met
together
with
the
Parliament
.
Howsoever
this
were
,
thus
much
is
evident
;
that
since
the
Power
of
Assembling
the
Clergy
in
such
Convocations
is
seated
Originally
in
the
King
;
so
that
they
have
no
Authority
to
come
together
.
but
what
he
gives
them
.
It
must
follow
,
that
neither
can
any
other
Persons
have
a
just
Right
to
come
to
these
Assemblies
.
than
such
only
as
are
commissioned
by
him
;
or
are
chosen
by
such
Rules
as
he
has
prescrib'd
,
for
the
choise
of
those
whom
he
allows
to
be
sent
to
them
.
It
remains
then
,
that
not
only
the
caling
choosing
Representatives
for
those
who
are
not
;
all
depend
upon
the
Authority
of
the
Prince
,
and
were
originally
deriv'd
from
thence
.
And
so
,
lastly
,
does
their
very
sitting
too
.
For
however
Custom
,
(
which
in
time
becomes
a
kind
of
Law
)
has
in
this
,
as
well
as
in
some
of
the
foregoing
Circumstances
,
so
far
prevail'd
,
that
when
soever
a
Parliament
is
held
,
a
Convocation
is
call'd
together
with
it
;
yet
is
this
rather
a
matter
of
Form
,
than
any
effectual
Summons
:
And
the
King
still
keeps
his
Antient
Power
,
to
all
intents
and
purposes
,
in
his
own
hands
;
and
suffers
them
not
either
to
sit
,
or
act
,
but
when
,
and
as
often
,
as
he
thinks
fit
so
to
do
.
Nor
is
this
to
be
look'd
upon
as
any
Encroachment
upon
the
Liberties
of
the
Clergy
,
but
as
the
Assertion
of
a
Power
,
which
always
did
;
and
,
of
right
,
ought
to
belong
to
the
Prince
.
For
though
it
has
now
,
for
some
Ages
,
been
the
Custom
to
Convene
the
Clergy
,
as
often
as
the
Parliament
meets
;
yet
,
as
it
is
manifest
that
when
this
Custom
first
began
,
they
met
not
so
much
as
an
Ecclesiastical
Synod
,
as
a
part
of
the
Parliament
of
the
Realm
:
So
all
the
Use
that
was
generally
made
of
Them
,
was
to
concur
with
the
Other
Estates
in
granting
of
Money
to
the
King
;
which
having
done
,
they
were
commonly
dismiss'd
,
without
entring
upon
any
other
Business
.
The
Convocation
then
,
tho'
it
consisted
of
Ecclesiastical
Persons
,
was
yet
assembled
for
a
Civil
End
,
and
seems
rather
to
have
been
a
State
Convention
,
than
a
Church
Synod
.
And
however
the
King
usually
added
a
Conciliary
Summons
,
to
his
Parliamentary
Writ
,
and
thereby
not
only
assembled
the
Proctors
of
the
Clergy
,
under
another
Character
;
but
with
them
many
Others
of
the
Regular
Clergy
,
who
had
no
place
in
the
Parliament
Writ
:
yet
still
the
Design
was
,
in
Both
,
the
same
;
viz.
That
they
might
thereby
more
effectually
confirm
what
had
,
in
Parliament
,
been
granted
to
the
King
;
and
the
Monks
and
Friers
,
become
engaged
,
by
their
own
Consent
,
not
to
oppose
the
levying
of
it
.
Now
this
being
the
true
Ground
of
the
Convocation's
being
call'd
together
with
the
Parliament
;
Custom
,
and
,
if
you
will
,
the
Constitution
of
our
Government
founded
thereupon
;
does
indeed
give
them
a
Right
to
be
summon'd
,
when
the
Parliament
is
;
and
accordingly
they
are
still
summon'd
together
with
it
:
But
as
they
have
no
Custom
to
warrant
them
to
deliberate
,
or
enter
upon
Business
,
unless
the
King
pleases
to
allow
them
so
to
do
;
so
neither
have
they
any
Right
in
that
Particular
;
but
the
King
is
still
as
much
at
Liberty
,
in
that
respect
,
as
if
there
had
never
been
any
such
Custom
established
for
the
Calling
of
them
.
In
short
;
were
it
still
the
Method
,
as
formerly
it
was
,
for
the
Clergy
to
Assess
themselves
;
but
much
more
,
were
the
Case
so
now
,
as
antiently
it
seems
to
have
been
,
that
they
were
a
part
of
the
Great
Council
of
the
Nation
,
and
whose
Consent
was
requisite
to
the
passing
of
Parliamentary
Acts
;
it
would
then
be
very
evident
wherefore
they
were
Called
,
and
what
they
had
to
do
.
But
this
being
altered
,
and
yet
the
Antient
Summons
still
continued
;
it
makes
some
Men
think
it
an
odd
Thing
,
that
the
Convocation
should
be
Called
to
no
purpose
:
Not
considering
,
that
but
for
those
Ends
,
which
are
now
ceased
,
they
never
had
been
wont
either
to
be
summon'd
to
Parliament
,
or
at
the
same
time
with
it
;
and
that
those
being
determined
,
they
have
a
Right
to
nothing
but
a
Summons
,
and
it
were
no
great
Matter
,
whether
they
had
a
Right
to
that
,
or
no.
And
this
may
suffice
to
shew
what
Authority
our
King
has
,
by
the
particular
Laws
of
our
Own
Constitution
,
to
assemble
the
Convocation
:
and
that
without
his
Writ
,
they
neither
now
can
,
nor
ever
could
,
regularly
,
come
together
,
by
any
other
Way
.
I
proceed
(
2dly
)
To
enquire
,
What
Power
he
has
to
direct
their
Debates
,
when
they
are
Assembled
?
And
here
we
are
again
told
by
the
same
Person
,
whose
Authority
I
before
alleged
;
that
the
second
Point
agreed
upon
by
the
Chief
Justices
,
and
Judges
,
at
the
Committee
of
the
Lords
,
was
;
That
the
Convocation
,
after
their
Assembly
,
cannot
confer
,
to
constitute
any
Canons
,
without
License
de
l'Roy
.
Nor
is
this
any
more
than
what
the
Statute
of
the
25
Hen.
8.
has
directly
establish'd
:
When
having
recited
the
Promise
which
the
Clergy
had
,
in
their
Petition
,
made
to
the
King
;
That
they
would
never
,
from
thenceforth
,
presume
to
Attempt
,
Allege
,
Claim
,
or
Put
in
Ure
;
Enact
,
Promulge
,
or
Execute
,
any
new
Canon
,
Constitution
,
Ordinance
Provinc●●●
,
or
Other
;
or
by
whatsoever
Name
they
shall
be
called
,
in
Convocation
;
unless
the
King
's
most
Royal
Assent
,
and
Licence
,
may
by
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
:
They
thereupon
Enact
,
That
ne
They
,
nor
any
of
Them
,
frow
henceforth
,
shall
presume
,
to
Attempt
,
Alledge
,
Claim
,
or
put
in
ure
,
any
Constitutions
,
or
Orders
Provincial
,
or
Synodal
;
or
any
Other
Canons
:
Nor
shall
Enact
,
Promulge
,
or
Execute
,
any
such
Canons
,
Constitutions
,
or
Ordinances
Provincial
,
by
whatsoever
Name
,
or
Names
,
they
may
be
called
,
in
their
Convocation
in
Time
coming
;
—
Unless
the
same
Clergy
may
have
the
King
's
most
Royal
Assent
,
and
Licence
,
to
MAKE
,
PROMULGE
,
and
EXECUTE
,
such
Conons
,
Constitutions
,
and
Ordinances
,
Provincial
,
or
Synodal
.
I
have
transcribed
this
Paragraph
of
that
Act
at
large
,
to
the
End
it
may
the
more
evidently
appear
,
that
the
Intention
of
it
was
,
as
well
to
Restrain
the
Clergy
from
MAKING
,
as
from
PROMULGING
,
and
EXECUTING
any
Canons
;
without
the
Assent
,
and
Licence
of
the
King
,
first
had
,
for
their
so
doing
.
And
which
is
indeed
so
plain
,
that
had
not
the
constant
Practice
of
all
following
Convocations
,
and
the
Opinions
of
the
most
Learned
in
Our
Laws
,
so
expounded
the
Sense
of
it
,
yet
we
could
not
have
been
easily
mistaken
in
it
.
For
besides
that
it
was
apparently
the
Design
of
this
Act
,
to
Restr●ain
the
Clergy
from
doing
somewhat
which
they
had
been
wont
to
do
in
their
Convocation
:
the
Statute
it self
interprets
its
own
Expressions
;
and
tells
us
that
by
presuming
to
Attempt
,
&c.
was
meant
as
well
presuming
to
MAKE
,
as
to
Promulge
,
and
Execute
,
any
Canons
,
or
Constitutions
;
without
the
Assent
,
and
Licence
of
the
King
,
first
had
by
Them
,
so
to
do
.
Whether
the
Convocation
may
not
,
without
the
King
's
Writ
,
deliberate
of
such
Authoritative
Resolution
upon
any
particular
Point
;
or
to
frame
any
Order
,
or
Constitution
,
of
what
kind
soever
it
be
,
without
the
King
's
Leave
;
which
is
in
Effect
to
say
,
that
they
may
not
debate
,
Synodically
,
at
all
,
without
it
.
To
deliberate
of
what
might
usefully
be
consider'd
by
Them
,
and
to
Petition
the
King
thereupon
,
for
Leave
so
to
do
;
This
,
as
it
is
no
Attempting
to
make
a
Canon
,
&c.
so
does
it
not
,
I
conceive
,
come
within
the
Design
of
that
Prohibition
,
which
this
Act
has
laid
upon
them
.
And
if
the
King
allows
the
Convocation
to
sit
,
I
do
not
see
wherein
they
would
transgress
,
in
framing
such
an
Address
;
supposing
that
his
Commission
had
not
before
prevented
all
Occasion
for
such
an
Application
.
But
then
still
this
is
but
asking
Leave
to
act
as
a
Synod
;
And
it
will
,
after
all
,
remain
in
the
King's
Breast
what
Answer
to
make
to
such
a
Request
;
and
whether
he
will
grant
them
that
Leave
which
They
desire
,
or
no
?
As
therefore
the
Convocation
cannot
Meet
but
by
the
King
's
Writ
;
so
neither
,
being
Met
,
can
they
proceed
to
any
Canonical
Debates
,
or
Resolutions
,
without
it
.
For
by
vertue
of
this
Act
,
they
are
forbid
,
not
only
to
Make
,
but
to
Attempt
;
that
is
,
as
I
understand
it
,
to
do
any
thing
that
tends
towards
the
making
of
any
Canons
,
without
his
Warrant
for
their
Doing
of
it
.
And
therefore
,
when
the
King
sends
out
his
Writs
for
the
Convocation
to
meet
;
he
therein
reserves
to
himself
the
Privilege
of
Naming
the
Subject
,
which
they
are
to
deliberate
,
and
resolve
upon
.
For
having
mention'd
,
by
way
of
Form
,
in
the
beginning
of
the
Writ
;
That
for
certain
urgent
Affairs
,
of
great
Concern
both
to
the
Church
and
Kingdom
,
He
had
commanded
the
Arch-bishop
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
they
met
;
Ad
Tractand
.
&c.
Namely
,
That
they
were
To
Treat
,
Consent
,
and
Conclude
upon
the
Premises
;
and
such
other
Matters
,
as
should
more
clearly
be
declared
to
them
,
when
they
came
together
,
in
the
Kings
behalf
.
The
Affairs
then
which
the
Convocation
is
,
in
general
,
to
debate
about
,
and
consent
to
,
are
the
Urgent
Affairs
which
concern
the
King
,
the
Church
,
and
the
Realm
.
And
these
therefore
are
the
constant
Introduction
of
every
Convocation
Writ
.
But
what
those
Affairs
are
,
with
Reference
to
Any
,
or
All
of
These
,
which
every
particular
Convocation
is
call'd
to
consider
;
That
the
King
reserves
to
himself
to
declare
to
Them
;
and
they
are
,
when
met
,
to
expect
his
special
Direction
,
and
not
to
ramble
,
after
their
own
Fancies
,
on
any
Matter
,
within
this
general
Compass
,
without
his
Warrant
.
It
has
indeed
been
questioned
by
a
Late
Author
,
Whether
this
Clause
was
Publick
Instruments
are
not
so
easily
altered
:
If
they
were
,
we
might
rather
have
expected
,
that
some
other
Expressions
,
which
relate
to
those
Privileges
which
the
Clergy
formerly
enjoy'd
,
but
which
have
now
,
for
a
long
time
,
been
utterly
laid
aside
;
should
have
been
omitted
,
or
changed
;
than
this
,
which
is
perfectly
agreeable
both
to
the
Laws
of
the
Realm
,
and
to
his
Majesty's
Royal
Prerogative
,
in
these
Matters
.
But
,
indeed
,
this
Clause
,
if
not
as
antient
as
the
Writ
it self
,
is
yet
of
very
great
Antiquity
:
And
we
have
at
this
day
Writs
as
far
back
as
Fd.
IV.
King
Henry
the
Sixth's
Time
,
in
which
this
Clause
is
found
in
the
very
same
Words
that
it
is
continued
in
at
this
day
.
But
were
there
any
doubt
to
be
made
Principal
Secretary
of
State
,
sent
his
Commission
to
Them
:
In
which
having
taken
notice
of
the
Statute
of
Henry
the
Eighth
before
mentioned
,
and
the
Obligation
which
was
,
thereby
,
laid
upon
Them
,
not
to
proceed
to
any
Business
,
without
his
Licence
first
had
,
so
to
do
;
he
does
therefore
,
in
order
to
their
proceeding
with
Safety
to
Themselves
,
and
pursuant
to
the
true
Purpose
,
and
Intent
of
that
Law
;
particularly
declare
upon
what
Points
he
allow'd
Them
to
Consult
,
and
under
what
Conditions
he
gave
them
Authority
so
to
do
.
That
they
should
consider
of
any
Alterations
which
they
thought
proper
to
be
made
,
in
the
Form
,
Rites
,
or
Ceremonies
,
of
our
Divine
Service
:
That
they
should
Review
the
Book
of
Canons
:
Should
consider
,
What
Defects
,
or
Abuses
,
might
be
found
in
the
Ecclesiastical
Courts
:
How
the
Manners
,
both
of
the
Ministers
and
People
,
might
more
effectually
be
Reform'd
;
And
such
Provision
be
made
,
that
None
should
hereafter
be
Admitted
into
Holy
Orders
,
but
such
as
were
duly
qualified
both
in
their
Lives
,
and
Learning
,
to
be
received
into
the
same
.
These
are
the
Heads
,
on
which
the
Clergy
of
that
Convocation
were
directed
to
debate
:
And
even
upon
these
they
were
to
deliberate
,
under
these
following
Restrictions
.
1st
.
That
the
President
,
and
Greater
Number
of
the
Bishops
,
were
to
be
always
present
.
And
2dly
.
That
even
upon
these
General
Heads
,
they
should
consider
only
such
particular
Points
,
Matters
,
Causes
,
or
Things
,
as
his
Majesty
should
propose
,
or
cause
to
be
proposed
,
by
the
President
of
the
Convocation
to
Them
.
Such
was
the
Commission
by
which
the
last
Convocation
was
set
on
work
:
And
to
prepare
the
particular
Matters
which
the
King
reserved
to
himself
to
propose
to
Them
;
and
upon
which
alone
They
were
allow'd
to
debate
;
His
Majesty
,
some
time
before
the
Convocation
was
to
meet
,
appointed
a
Select
Committee
of
the
Bishops
and
Clergy
,
to
consult
about
the
same
Matters
;
and
to
draw
up
such
Resolutions
,
as
they
should
think
most
fitting
for
him
to
lay
before
the
Convocation
,
when
it
should
be
Assembled
.
Nor
was
this
any
New
Invention
;
any
Unusual
Restraint
laid
upon
the
Clergy
,
in
these
days
of
Doubt
and
Distrust
:
but
the
constant
Method
which
had
before
been
pursued
,
ever
since
the
25
Hen.
8.
It
cannot
be
deny'd
but
that
whatever
Charles
the
First
was
a
true
Friend
to
the
Episcopal
Clergy
.
Nor
can
it
any
more
be
doubted
,
whether
Archbishop
Laud
had
not
both
Care
enough
to
Examine
into
the
Rights
of
the
Convocation
;
and
Interest
enough
with
that
Prince
to
assert
the
Privileges
of
it
.
Let
us
therefore
,
to
avoid
all
Exceptions
in
this
Case
,
enquire
how
things
pass'd
in
that
Famous
Convocation
of
1640
;
wherein
much
was
done
,
and
great
Offence
given
to
those
who
Resolved
not
to
be
pleased
with
any
thing
that
either
that
King
,
or
that
Archbishop
did
;
but
nothing
that
can
justly
be
found
fault
with
by
such
,
as
we
are
now
especially
concerned
,
if
it
may
be
,
to
convince
.
Now
that
Convocation
being
met
,
by
vertue
of
the
same
Writ
that
is
still
made
use
of
in
these
Cases
;
the
King
sent
his
Special
Commission
to
them
,
to
impower
them
to
Act
;
bearing
date
April
15.
1640.
In
this
Commission
,
he
first
at
large
Recites
Royal
Licence
,
and
Assent
,
to
enable
them
to
go
on
with
safety
in
their
Debates
,
and
Resolutions
.
Having
done
this
,
He
(
in
the
next
place
)
prefaces
the
Permission
he
was
about
to
grant
to
them
with
these
very
Words
,
which
ought
not
to
be
omitted
:
Know
ye
therefore
,
that
We
,
for
divers
urgent
and
weighty
Causes
and
Considerations
Us
thereunto
moving
,
of
our
Especial
Grace
,
certain
Knowledge
,
and
Meer
Motion
,
have
by
vertue
of
our
Prerogative
Royal
,
and
Supreme
Authority
in
Causes
Ecclesiastical
,
given
and
granted
,
and
by
these
Presents
do
give
and
grant
,
full
,
free
,
and
lawful
Liberty
,
Licence
,
Power
,
and
Authority
,
to
the
most
Reverend
Father
in
God
,
&c.
I
shall
not
need
to
make
any
Remarks
upon
this
Preamble
,
which
fully
answers
all
the
Pretences
of
those
,
who
fancy
not
only
the
Sitting
,
but
the
Acting
too
,
of
the
Convocation
,
to
be
a
matter
of
Right
,
naturally
belinging
to
Them
;
And
that
either
no
Commission
at
all
is
needful
to
Authorize
them
so
to
do
;
or
,
that
if
there
be
,
the
King
is
,
of
Course
,
obliged
to
Grant
it
to
them
.
For
,
first
,
That
without
the
King's
Commission
they
cannot
proceed
to
any
Business
of
Themselves
,
(
without
Violating
an
Act
of
Parliament
,
and
encroaching
upon
the
King's
Prerogative
.
Royol
,
and
Supreme
Authority
in
Cases
Ecclesiastical
,
)
is
here
directly
asserted
.
And
that
such
a
Commission
,
the
King
may
lawfully
Grant
,
or
refuse
,
as
he
thinks
convenient
,
not
only
the
constant
Custom
of
our
Princes
,
in
adjourning
their
Convocations
,
(
excepting
only
at
such
times
as
they
had
something
for
them
to
do
,
)
assures
us
;
but
the
very
words
of
the
present
Commission
,
directly
imply
.
For
how
came
the
King
to
grant
this
Allowance
to
them
?
Was
it
because
they
had
a
Right
to
demand
it
;
Or
,
that
He
had
no
Right
to
refuse
it
?
Was
it
because
it
had
always
been
Customary
for
them
to
Sit
,
when
the
Parliament
met
;
and
to
have
such
a
Commission
sent
to
them
,
as
often
as
they
sat
?
Nothing
of
all
this
:
But
for
divers
Urgent
and
Weighty
Causes
,
and
Considerations
,
Him
thereunto
especially
moving
:
Out
of
his
especial
Grace
,
and
meer
Motion
:
That
he
granted
it
by
virtue
of
his
Royal
Prerogative
;
and
of
that
Supreme
Authority
in
Causes
Ecclesiastical
,
which
gave
him
the
same
Power
over
his
Clergy
,
that
all
other
Christian
Princes
were
wont
to
exercise
over
Theirs
:
And
which
how
Great
it
was
,
as
to
these
matters
,
I
have
before
particularly
shewn
.
But
to
go
on
with
this
Commission
:
The
King
having
thus
asserted
his
Authority
;
now
by
virtue
thereof
gives
leave
to
that
Convocation
(
Always
provided
that
the
President
,
and
greater
number
of
the
Bishops
were
present
;
)
during
the
Session
of
the
Parliament
then
Assembled
;
to
Propose
,
Confer
,
Treat
,
Debate
,
Consider
,
Consult
,
or
Agree
,
upon
the
Exposition
,
or
Alteration
of
any
Canon
,
or
Canons
,
then
in
force
;
and
of
,
and
upon
any
such
other
New
Canons
,
Orders
,
Ordinances
,
and
Constitutions
,
as
they
should
think
necessary
,
fit
,
and
convenient
,
for
the
Honour
and
Service
of
Almighty
God
;
the
Good
and
Quiet
of
the
Church
,
and
the
better
Government
thereof
;
to
be
from
time
to
time
observed
,
fulfill'd
,
and
kept
,
&c.
—
And
further
to
Confer
,
Debate
,
Treat
,
Consider
,
Consult
,
and
Agree
,
of
and
upon
such
other
Points
,
Matters
,
Causes
and
Things
,
as
himself
from
time
to
time
should
deliver
or
cause
to
be
deliver'd
unto
the
said
Lord
Bishop
of
Canterbury
,
President
of
the
said
Convocation
,
under
his
Sign
Manual
,
or
Privy
Signet
,
to
be
Debated
,
Consider'd
,
Consulted
,
and
Concluded
upon
.
This
was
the
Business
for
which
that
Convocation
sat
,
and
which
they
were
,
accordingly
,
licensed
to
enter
upon
.
But
the
Restrictions
under
which
they
were
allowed
to
Act
,
are
yet
more
narrow
than
Those
which
his
present
Majesty
laid
upon
our
late
Convocation
.
For
all
this
They
were
required
to
do
,
not
only
under
the
same
Conditions
that
I
have
beforeshewn
were
laid
upon
the
Other
;
but
with
these
further
Limitations
:
namely
,
That
the
said
Canons
,
Orders
,
Ordinances
,
Constitutions
,
Matters
and
Things
,
or
Any
of
Them
,
so
to
be
Consider'd
,
Consulted
and
Agreed
upon
,
as
aforesaid
,
should
not
be
contrary
,
or
repugnant
to
the
Liturgy
Established
;
or
to
the
Rubricks
in
it
;
or
to
the
39
Articles
;
or
to
any
Doctrine
,
Orders
and
Ceremonies
of
the
Church
of
England
,
already
Established
.
Thus
did
this
Prince
give
such
Orders
for
the
Proceedings
of
this
Convocation
,
as
he
thought
expedient
to
be
observed
by
Them
.
And
when
,
for
the
more
effectual
suppressing
,
and
preventing
of
the
Growth
of
Popery
,
He
resolved
an
Oath
should
be
framed
for
the
Clergy
to
take
,
of
their
firm
adherence
to
the
Doctrine
and
Discipline
of
the
Church
of
England
;
And
that
a
Canon
should
be
drawn
,
to
enforce
the
taking
of
it
:
He
sent
a
new
Order
to
them
,
May
17
,
to
empower
them
to
enter
on
that
Debate
;
and
to
require
them
to
Prepare
,
and
present
such
an
Oath
and
Canon
,
to
Him
.
But
other
Princes
have
gone
yet
farther
than
this
:
They
have
not
only
prescribed
Organ
Service
to
be
settled
in
Cathedral
Churches
,
without
ever
submitting
it
to
their
Judgment
,
whether
they
approved
of
it
,
or
no.
I
shall
conclude
these
Remarks
,
with
the
Opinion
which
the
Lower
House
of
Convocation
had
,
of
the
Necessity
of
the
King's
Authority
,
to
Empower
Them
to
enter
with
Security
on
their
Debates
about
Matters
of
Religion
,
in
the
first
Year
of
King
Edward
the
Sixth
:
At
the
first
Meeting
of
which
,
we
find
this
Order
,
among
some
others
,
made
by
them
;
That
Certain
be
appointed
to
know
,
whether
the
Arch-bishop
has
obtain'd
Indemnity
,
for
the
House
to
intreat
of
Matters
of
Religion
,
in
Cases
forbidden
by
the
Statutes
of
this
Realm
to
treat
in
.
But
there
is
another
Particular
,
in
Christian
Princes
had
,
upon
Occasion
,
exercised
an
Eminent
Authority
over
their
Synods
;
Whilst
,
for
the
better
Observance
of
the
Orders
which
they
gave
to
Them
.
They
asserted
a
Right
either
in
Person
,
or
by
their
Commissioner
,
to
sit
with
,
and
to
preside
over
Them
.
That
our
Kings
heretofore
,
did
meet
,
and
sit
together
with
their
Clergy
,
is
not
to
be
deny'd
.
And
our
Great
Oracle
of
the
Law
has
told
us
,
That
they
did
oftentimes
appoint
Commissioners
,
by
Writ
,
to
sit
with
them
at
the
Convocation
,
and
to
have
Conusance
of
such
Things
as
they
meant
to
Establish
,
that
nothing
might
be
done
in
prejudice
of
their
Authority
.
'T
is
true
,
since
the
Restriction
laid
upon
Synodical
Act
,
but
what
he
gives
them
leave
to
go
upon
;
Nor
,
when
they
have
concluded
upon
any
Point
,
being
allow'd
to
Promulge
or
put
it
in
Execution
;
unless
it
shall
be
approved
of
,
and
confirmed
by
Him
:
He
has
nothing
left
to
apprehend
from
them
;
but
is
,
by
his
Commission
,
as
effectually
President
over
their
Debates
,
as
if
he
were
present
in
Person
,
among
them
.
And
yet
tho'
this
Act
has
,
therefore
render'd
the
Exercise
of
such
an
Authority
less
necessary
than
it
was
before
;
it
has
not
depriv'd
the
King
of
it
.
For
even
after
the
passing
of
this
Statute
,
K.
Henry
8
,
by
his
Vicar
General
,
not
only
presided
,
together
with
the
Archbishop
,
over
the
Convocation
;
but
Deliberated
,
Voted
,
and
,
to
all
intents
and
purposes
,
Acted
,
together
with
his
Clergy
,
in
it
.
This
is
manifest
from
the
Acts
of
the
Convocation
of
the
year
1536
;
and
of
which
it
may
not
be
amiss
to
give
a
short
account
,
upon
this
Occasion
.
Upon
the
9th
day
of
June
1536.
Mr.
William
Peter
came
into
the
Convocation
and
alleged
,
That
for
as
much
as
this
Synod
was
called
by
the
Authority
of
the
most
illustrious
Prince
,
K.
Henry
8
;
and
that
the
said
Prince
ought
to
have
the
first
Place
in
the
said
Convocation
;
and
in
his
Absence
,
the
Honourable
Master
Thomas
Cromwel
,
his
Vicegerent
,
being
Vicar
General
in
Ecclesiastical
Causes
,
ought
to
possess
his
Place
:
Therefore
he
desired
,
that
the
said
Place
might
be
assigned
to
Him
.
And
at
the
same
time
presented
his
said
Master's
Letters
,
Sealed
with
the
Seal
of
his
Office
,
as
Vicar
General
:
Which
being
read
,
the
most
Reverend
the
Archbishop
,
assign'd
him
a
Place
besides
himself
.
On
the
11th
of
July
,
in
the
same
Convocation
,
the
Bp
of
Hereford
produced
a
certain
Book
,
containing
the
Articles
of
Faith
,
and
Ceremonies
of
the
Church
.
Which
being
read
by
the
said
Bishop
,
the
said
Honourable
Thomas
Cromwel
,
the
Archbishop
,
and
other
Prelates
,
with
the
Prolocutor
,
and
Clergy
of
the
Lower
House
,
by
their
Subscriptions
Approved
of
the
said
Book
.
On
the
15th
of
July
,
It
was
agreed
by
the
Lord
Cromwel
,
the
Archbishop
,
and
Convocation
,
as
to
certain
Ordinances
,
&c.
And
lastly
,
On
the
20th
of
July
,
the
Bishop
of
Hereford
produced
a
certain
Book
,
containing
the
Causes
why
the
King
ought
not
to
appear
at
the
General
Council
,
then
to
be
held
.
Which
Book
the
aforesaid
Honourable
Lord
Thomas
Cromwel
,
the
Archbishop
,
and
the
Rest
of
the
Convocation
,
by
their
Subscriptions
approved
of
.
Thus
did
the
King's
Commissioner
not
only
sit
,
but
act
with
the
Bishops
in
their
Convocation
.
And
I
am
not
aware
of
any
Law
that
has
debar'd
the
King
,
if
need
were
,
to
do
that
again
now
,
which
King
Henry
8.
heretofore
did
.
And
this
may
suffice
to
shew
,
what
Authority
the
King
has
over
Our
Convocation
,
both
by
the
Statute
,
and
Common
Law
;
by
his
own
Prerogative
,
as
a
Christian
Prince
,
and
by
the
Particular
Concessions
of
our
own
Parliaments
,
and
Convocations
.
But
we
are
told
,
that
the
Convocation
must
be
consider'd
by
Us
,
not
only
as
an
Ecclesiastical
Synod
,
but
as
an
Ecclesiastical
Court
too
;
and
which
,
as
such
,
has
Jurisdiction
Heresies
,
Schisms
,
and
other
meer
Spiritual
and
Ecclesiastical
Causes
,
juxta
legem
divinam
,
&
Canones
S.
Ecclesiae
.
And
herein
their
Power
is
not
at
all
Restrain'd
by
any
particular
King's
Licence
,
and
,
as
of
Right
;
against
any
Bishop
,
Priest
,
or
Deacon
,
for
such
Offences
.
This
is
the
Doctrine
of
our
Late
Author
;
but
is
not
so
clear
to
me
,
as
he
would
make
it
.
That
Provincial
Synods
,
heretofore
,
did
look
upon
Themselves
as
endued
with
a
sufficient
Authority
to
proceed
against
any
of
their
Own
Body
,
who
,
by
any
of
the
Crimes
before
mentioned
,
had
deserved
their
Censure
,
is
not
to
be
deny'd
.
The
Provincial
Councils
of
old
did
so
;
but
especially
in
the
Case
of
Heresie
,
wherein
the
Church
has
ever
Accounted
it self
to
be
particularly
Concern'd
.
But
then
it
must
be
remember'd
too
,
that
when
they
had
so
proceeded
against
Any
One
,
the
Prince
still
judged
whether
they
had
acted
Canonically
,
or
no
:
And
if
he
found
a
just
Reason
to
move
Him
so
to
do
,
he
did
,
oftentimes
,
suspend
their
Sentence
,
and
order
a
new
Enquiry
,
in
some
other
Synod
,
to
be
made
of
such
a
Matter
;
and
after
all
,
determined
it
,
at
last
,
as
He
saw
Cause
.
Thus
Theodosius
did
in
the
Case
of
Nest
orius
,
Provincial
Councils
:
And
thus
Constantius
before
him
,
had
done
,
in
the
Innocent
;
Theodosius
not
only
refused
to
suspend
the
Sentences
of
Both
,
till
another
Free
Council
might
be
call'd
to
judge
of
the
Matter
;
but
left
the
Sentence
of
this
last
Council
to
remain
in
force
,
and
would
not
suffer
any
other
Synod
to
be
called
,
about
this
Affair
,
as
long
as
He
lived
.
As
for
our
own
Convocation
,
it
is
not
deny'd
but
that
antiently
They
were
common
Opinion
of
the
Church
in
several
Particulars
,
but
chiefly
as
to
the
points
of
Baptism
,
and
the
Holy
Eucharist
.
To
prevent
the
spreading
of
their
Errors
,
the
King
commanded
that
Council
to
meet
at
Oxford
,
and
there
to
judge
of
them
.
Being
convened
before
this
Synod
,
and
convicted
of
their
Errors
;
and
,
refusing
to
abjure
them
,
they
were
pronounced
Hereticks
by
it
,
and
deliver'd
back
to
the
King
,
to
be
punished
by
the
Civil
Power
.
It
is
in
a
Provincial
Council
held
by
Steph.
Langton
,
that
we
meet
with
the
next
Instance
we
have
,
of
the
like
Proceedings
.
In
this
we
are
told
of
two
Impostors
,
five
Wounds
of
the
Crucifixion
,
convicted
and
condemn'd
by
the
Judgments
of
the
Church
.
But
Bracton
adds
to
these
Jewish
Woman
,
apostatiz'd
from
the
Faith
of
Christ
;
and
was
thereupon
sentenc'd
and
degraded
by
the
Synod
,
and
deliver'd
over
to
the
Secular
Power
,
to
be
Burnt
for
it
.
And
the
same
was
the
manner
by
which
Sautre
was
condemn'd
;
as
appears
not
only
Parliament
2
Hen.
4.
in
which
the
order
was
given
for
issuing
out
the
Writ
,
to
the
Sheriffs
,
of
London
for
it
,
Feb.
26.
He
was
first
examined
and
condemned
by
the
Clergy
in
Convocation
,
and
by
them
deliver'd
up
to
the
Civil
Magistrate
to
be
burned
.
And
tho'
the
Lord
Cobham
was
not
finally
sentenced
in
Convocation
,
but
by
the
Archshop
The
Truth
is
,
so
great
is
the
Scandal
,
and
so
severe
,
in
those
days
,
was
the
Punishment
too
of
Heresy
;
that
it
has
moved
some
very
Learned
Men
to
think
,
that
before
the
2
Hen.
4.
no
one
could
be
otherwise
convicted
of
it
,
than
in
a
Provincial
Synod
,
or
Convocation
.
And
tho'
my
Lord
But
here
then
a
question
may
arise
Ecclesiastical
Crime
,
in
Convocation
;
who
it
is
that
judges
him
?
Whether
he
is
to
be
judged
by
the
Votes
of
the
two
Houses
?
or
,
whehe
is
to
be
judged
by
the
upper
House
alone
,
and
the
lower
to
stand
in
the
nature
of
Prosecutors
against
him
?
Or
lastly
,
Whether
the
Archbishop
alone
does
properly
judge
;
and
the
rest
concurr
,
as
Assistants
,
to
him
,
and
assent
to
what
he
does
?
In
answer
to
which
Enquiry
,
if
I
may
be
allow'd
to
offer
my
own
Conjecture
;
I
do
conceive
,
that
in
such
cases
as
these
,
it
is
not
so
much
the
Convocation
that
judges
,
as
the
Archbishop
in
Convocation
.
For
besides
that
,
it
was
never
known
that
the
inferiour
Clergy
were
allow'd
a
Jurisdiction
in
such
cases
;
nor
is
there
any
reason
why
they
should
have
it
here
:
First
,
The
very
words
of
the
Writ
upon
which
Sautrey
was
burnt
,
seem
to
speak
in
such
a
manner
of
his
Conviction
in
Convocation
,
as
shew
the
power
of
Judicature
to
have
been
eminently
in
the
Archbishop
,
and
that
the
rest
were
only
of
Council
to
him
,
and
consented
to
what
he
did
.
Cum
venerabilis
Pater
Thomas
Archiepiscopus
Cant.
totius
Angliae
Primas
,
&
Apostolicae
sedis
legatus
,
de
Consensu
&
Assensu
,
ac
Consilio
Episcoporum
,
&
confratrum
Suffraganeorum
suorum
,
necnon
totius
Cleri
provinciae
suae
,
in
Concilio
suo
Provinciali
congregati
—
per
suam
sententiam
definitivam
Haereticum
manifestum
pronunciavit
&
declaravit
,
&
c.
Nor
can
this
be
sufficiently
accounted
for
by
looking
upon
the
Archbishop
as
President
of
the
Convocation
,
and
so
acting
as
Speaker
in
it
.
When
the
Lord
Keeper
in
the
House
of
Lords
,
or
the
Lord
High
Steward
in
the
Commission
for
Tryal
of
a
Peer
,
determine
,
or
give
Sentence
,
in
any
civil
or
criminal
Cause
;
we
do
not
find
it
said
,
That
they
,
with
the
Counsel
and
Assent
of
the
Lords
,
pronounce
,
or
award
,
so
or
so
;
but
they
deliver
the
Sentence
of
the
Lords
,
and
declare
that
this
or
that
is
their
Judgment
.
And
the
same
ought
to
have
been
the
case
here
,
supposing
that
the
Convocation
,
or
even
the
upper
House
,
had
equally
judged
with
the
Archbishop
.
The
Writ
must
have
run
in
the
Name
of
the
whole
Body
;
Whereas
the
Archbishop
and
Bishops
,
with
the
rest
of
the
Clergy
of
the
Province
of
Canterbury
,
in
Convocation
assembled
,
have
by
their
definitive
Sentence
pronounced
,
&c.
Nor
can
any
good
reason
,
I
believe
,
be
given
,
why
the
Writ
did
not
run
in
this
manner
,
but
because
the
Archbishop
,
even
in
Convocation
,
still
retain'd
the
power
of
Judicature
,
which
I
shall
presently
shew
was
peculiar
to
him
;
and
by
vertue
thereof
,
judged
of
him
.
And
this
will
yet
more
clearly
appear
,
Secondly
,
From
the
acts
of
the
Convocation
under
K.
Henry
the
Fifth
,
Anno
1413
:
and
the
Process
made
against
the
Lord
Cobham
therein
.
For
first
,
Upon
several
Provocations
The
Archbishop
was
required
,
in
behalf
of
the
whole
Clergy
,
that
he
would
vouchsafe
to
proceed
against
the
Lord
Cobham
,
upon
,
and
concerning
the
Premises
.
In
pursuance
of
this
request
,
the
Archbishop
,
with
a
great
part
of
the
Convocation
,
apply
to
the
King
,
for
leave
to
proceed
against
him
;
both
because
he
was
a
Person
in
great
credit
with
his
Majesty
;
and
to
be
consider'd
upon
the
account
of
his
Own
Honour
and
Quality
.
Having
obtain'd
leave
of
the
King
to
proceed
against
him
;
it
is
said
all
along
,
that
my
Lord
of
Canterbury
summon'd
him
to
appear
before
him
in
Convocation
.
That
when
the
Summons
could
no
otherwise
be
executed
upon
him
,
he
order●d
it
to
be
fix'd
upon
the
doors
of
the
Church
of
Rochester
.
That
upon
the
eleventh
of
September
,
(
the
day
appointed
for
his
appearance
,
)
the
Archbishop
excommunicated
him
;
and
after
a
farther
process
,
at
last
came
to
a
final
Sentence
against
him
.
'T
is
true
,
tho'
this
process
began
in
Convocation
,
yet
it
was
carry'd
on
,
and
ended
out
of
it
:
But
withal
,
it
is
plain
,
that
tho'
the
Convocation
was
risen
,
yet
still
the
Archbishop
continued
the
same
process
,
that
began
in
it
.
He
sate
in
the
Chapter
House
of
St.
Paul's
;
he
took
the
Bishops
of
London
and
Winchester
first
,
and
then
to
them
added
the
Bishop
of
Bangor
for
his
Assistants
.
Besides
these
,
a
great
number
of
the
inferiour
Clergy
was
present
:
And
when
at
last
,
the
Lord
Cobham
was
brought
before
him
;
the
Archbishop
took
notice
to
him
,
how
he
had
been
discover'd
,
and
accused
in
Convocation
;
i.
e.
had
been
accused
to
himself
in
Convocation
,
when
they
first
desired
him
to
proceed
against
him
.
To
all
which
,
let
me
add
the
Preamble
to
the
Sentence
,
which
the
Archbishop
at
last
pass'd
upon
him
,
and
which
shews
,
that
both
in
and
out
of
Convocation
,
the
judgment
of
this
matter
lay
before
him
:
We
,
Thomas
by
Divine
Permission
,
&c.
in
a
certain
Cause
or
Matter
of
Heretical
Pravity
,
of
and
concerning
divers
Articles
,
upon
which
,
Sir
John
Oldcastle
Knight
,
Lord
Cobham
,
was
accused
before
Us
in
the
last
Convocation
of
the
Clergy
of
our
Province
of
Cant.
&
c.
Nor
let
any
one
think
,
that
in
asserting
such
an
Authority
to
the
Archbishop
in
these
matters
,
any
injury
is
done
to
his
Suffragan
Bishops
:
but
rather
,
were
it
otherwise
,
the
Convocation
must
apparently
have
encroach'd
upon
that
eminent
power
of
judging
,
which
the
Archbishop
heretofore
had
.
For
tho'
since
the
Statute
of
the
23
of
Henry
the
Eighth
,
the
power
I
conclude
then
,
that
tho'
the
person
,
in
such
a
case
were
try'd
in
Convocation
;
yet
,
precisely
speaking
,
it
was
the
part
of
the
lower
House
to
discover
and
accuse
;
of
the
Bishops
to
counsel
and
assist
;
but
of
the
Archbishop
to
hear
and
judge
.
But
still
the
main
question
remains
King's
leave
;
or
whether
his
Commission
be
necessary
to
justifie
them
in
it
?
That
they
are
not
restrained
by
vertue
New
Canons
or
Constitutions
;
than
from
judging
,
in
causes
Ecclesiastical
,
according
to
the
Canons
already
made
.
That
they
had
heretofore
a
power
to
judge
in
such
Cases
,
my
Lord
Coke
delivers
as
certain
in
point
of
Law
;
and
from
thence
calls
it
the
Court
of
Convocation
.
Nor
can
I
see
what
injury
it
would
be
to
the
Crown
,
to
allow
the
same
power
to
the
Convocation
still
,
that
by
Law
may
be
exercised
in
any
other
Ecclesiastical
Court
;
and
which
must
needs
be
inseriour
in
dignity
to
this
.
But
still
the
question
is
,
Whether
,
of
Right
,
the
Convocation
ever
had
a
power
to
judge
,
any
more
than
to
make
Canons
,
without
the
King's
Assent
?
And
by
consequence
,
whether
though
the
Statute
of
Henry
the
Eighth
should
not
have
deprived
them
of
that
power
,
yet
the
King's
Prerogative
be
not
against
it
?
Ecclesiastical
Matters
,
will
lie
against
this
presumed
Right
of
the
Convocation
too
:
and
so
,
though
that
Law
should
not
,
yet
some
others
may
have
limited
their
power
in
this
respect
also
.
And
here
I
shall
not
presume
to
determine
First
,
That
in
several
of
the
Convocations
,
in
which
the
persons
before-mention'd
were
judged
;
the
Process
was
made
either
by
the
express
Command
,
or
Leave
of
the
King
:
And
in
all
of
them
for
ought
we
know
,
it
may
have
been
so
.
And
,
Secondly
,
That
in
the
Commissions
,
by
which
our
Convocations
are
now
enabled
to
act
;
the
King
gives
them
leave
to
conferr
,
debate
,
treat
,
consider
,
consult
and
agree
,
of
Matters
and
Causes
,
as
well
as
of
Canons
,
Orders
and
Constitutions
:
and
which
seems
to
imply
,
that
they
need
the
King's
License
,
as
much
to
judge
of
the
one
,
as
to
deliberate
about
the
other
.
But
be
this
as
it
will
;
thus
much
Ancient
Customs
,
recognized
by
the
Lords
Spiritual
,
as
well
as
Temporal
,
in
the
Great
Council
at
Clarendon
,
Anno
1164
;
It
was
among
other
things
resolved
,
that
none
of
the
Servants
of
the
King
,
or
of
such
as
held
of
him
in
capite
,
might
be
Excommunicated
without
his
leave
:
And
again
,
that
in
Case
of
Appeals
,
any
person
,
who
thought
himself
injured
,
might
appeal
,
from
the
Arch
Deacon
to
the
Bishop
;
from
the
Bishop
to
the
Archbishop
;
and
from
him
to
the
King
;
by
whose
order
the
affair
was
finally
to
be
determined
in
the
Court
of
Arches
,
and
not
be
suffer'd
to
proceed
any
farther
without
leave
of
the
King
:
so
,
in
Conformity
both
to
these
Principles
,
and
to
that
power
which
I
have
Christian
Princes
in
this
respect
,
I
do
presume
,
that
the
King
See
the
Prohibition
of
Edw.
I.
〈◊〉
this
purpose
,
Spelm.
Concil.
Tom.
II.
p.
427.
may
not
only
lay
a
Prohibition
upon
the
Convocation
,
not
to
proceed
in
judgment
against
any
person
whom
he
shall
think
fit
to
take
into
his
special
Protection
;
but
after
they
have
judged
any
one
,
may
receive
an
Appeal
from
them
;
and
order
an
Enquiry
to
be
made
,
whether
they
proceeded
Fairly
and
Canonically
with
him
;
and
either
confirm
,
suspend
,
or
annul
their
Sentence
,
as
he
shall
find
it
reasonable
for
him
to
do
.
This
I
am
sure
the
ancient
Emperors
did
;
and
the
Bishops
and
Councils
not
only
submitted
to
it
,
but
allowed
of
it
.
And
if
this
our
Kings
may
not
do
;
I
shall
be
glad
to
be
inform'd
by
what
particular
Law
or
Custom
,
this
Power
has
been
taken
from
them
.
And
this
brings
me
to
the
last
point
(
3dly
.
)
What
Authority
our
Kings
have
over
their
Convocations
;
after
they
have
done
what
they
were
called
for
?
That
the
Convocation
cannot
meet
without
the
King
's
Writ
,
I
have
before
shewn
from
the
express
Authority
of
an
Act
of
Parliament
:
And
that
the
same
Authority
is
required
to
the
Dismission
,
as
to
the
Calling
of
it
,
has
been
the
declared
opinion
of
our
greatest
Lawyers
in
this
Case
.
When
a
Question
was
raised
by
some
lower
House
of
Convocation
,
Anno
1640.
Whether
they
might
lawfully
continue
to
sit
,
after
the
Parliament
was
Dissolved
:
The
Arch-Bishop
besought
His
Majesty
that
,
for
their
better
Assurance
,
his
learned
Council
,
and
some
Other
Persons
of
Honour
,
well
acquainted
with
the
Laws
of
the
Realm
,
might
deliver
their
Judgment
upon
it
.
This
His
Majesty
Graciously
Approved
,
and
the
Question
was
accordingly
put
to
Them
.
They
answer'd
,
as
followeth
,
under
their
Hands
:
The
Convocation
being
called
by
the
King
's
Writ
,
under
the
Great
Seal
,
doth
continue
,
untill
it
be
Dissolved
by
Writ
,
or
Commission
under
the
Great
Seal
.
And
accordingly
we
know
,
that
not
only
,
upon
their
Dissolution
,
but
for
Every
Prorogation
that
is
made
of
it
,
there
is
a
Writ
sent
by
the
King
to
the
Arch-Bishop
;
and
They
cannot
break
up
when
they
please
;
but
must
continue
to
Sit
,
as
long
as
the
King
shall
think
fit
to
Require
Them
so
to
do
.
Such
Authority
has
His
Majesty
over
Royal
Authority
.
And
that
is
all
I
am
now
concern'd
to
determine
.
How
far
,
or
,
What
persons
,
they
will
oblige
,
when
Confirm'd
by
the
King
,
without
the
Concurrence
of
the
Parliament
,
is
another
Question
;
in
which
I
am
not
,
at
present
,
concern'd
to
Engage
.
But
tho'
of
this
therefore
,
in
General
,
there
be
no
doubt
;
yet
I
cannot
tell
whether
some
Men
may
be
willing
to
allow
the
King
all
that
Authority
,
which
,
I
have
before
shew'd
,
Other
Princes
have
claim'd
,
and
which
I
see
no
Reason
why
our
Own
Kings
should
not
Enjoy
.
It
is
expressly
provided
by
the
25th
.
of
Hen.
8th
,
That
the
Convocation
shall
not
only
not
presume
to
make
any
Canons
,
without
the
King's
permission
;
but
that
having
made
Them
,
They
shall
not
presume
to
promulge
or
execute
any
such
Canons
,
Constitutions
,
or
Ordinances
,
Provincial
,
or
Synodal
,
unless
the
same
Clergy
may
have
the
King
's
most
Royal
Assent
and
Licence
,
to
promuige
and
execute
the
same
.
And
even
then
it
is
farther
Provided
by
the
same
Act
,
That
No
Canons
,
Constitutions
,
or
Ordinances
,
shall
be
made
,
or
put
in
execution
,
within
this
Realm
,
by
Authority
of
the
Convocation
of
the
Clergy
,
which
shall
be
Contrariant
,
or
Repugnant
,
to
the
King
's
Prerogative-Royal
;
or
to
the
Customs
,
Laws
,
or
Statutes
of
this
Realm
.
And
from
whence
,
as
they
1.
That
when
,
upon
Conference
,
the
Convocation
has
concluded
any
Canons
,
yet
they
cannot
execute
any
of
their
Canons
,
without
the
Royal
Assent
.
And
,
2.
That
they
cannot
execute
Any
,
after
Royal
Assent
,
but
with
these
Four
Limitations
.
-
1st
.
That
they
be
not
against
the
Prerogative
of
the
King
.
-
2dly
.
Nor
against
the
Common-Law
.
-
3dly
.
Nor
against
any
Statute-Law
.
-
4thly
.
Nor
against
any
Custom
of
the
Realm
.
And
this
the
learned
Reporter
tells
us
was
but
an
Affirmance
of
what
was
the
Law
,
before
the
said
Statutes
;
as
appears
by
the
19
Ed.
3.
Title
,
Quare
non
Ad
〈…〉
isit
,
7.
Where
it
is
held
,
That
if
a
Canon-Law
be
against
the
Law
of
the
Land
,
the
Bishop
ought
to
Obey
the
Commandment
of
the
King
,
according
to
the
Law
of
the
Land
.
Now
these
two
Things
being
supposed
,
put
in
Execution
,
or
be
promulged
,
in
Order
to
a
Publick
Observance
,
without
the
King's
Licence
:
And
that
the
King's
Licence
cannot
give
the
Convocation
any
Authority
,
to
promulge
or
execute
any
Canons
,
but
what
are
Agreeable
to
the
Laws
,
and
Customs
,
of
the
Realm
;
it
must
of
Necessity
follow
;
[
1st
.
]
That
the
King
has
not
only
a
Right
to
Review
the
Acts
of
Every
such
Convocation
;
but
ought
moreover
to
submit
Them
to
the
Examination
of
his
Learned
Council
in
the
Law
;
That
so
he
may
the
more
securely
be
able
to
judge
,
Whether
they
be
Consistent
,
with
the
Laws
of
his
Realm
,
and
(
by
Consequence
)
capable
of
receiving
any
Enforcement
from
Him
:
Forasmuch
as
it
would
be
,
not
only
too
Rash
,
and
Unseemly
,
but
even
a
Vain
Thing
,
for
the
King
to
expose
his
Prerogative
;
by
undertaking
to
give
Authority
to
that
,
which
,
by
being
contrary
to
the
Laws
already
Establish'd
,
has
such
a
natural
defect
in
its
Original
Constitution
,
as
will
not
suffer
it
to
be
Capable
of
Any
.
[
2dly
.
]
That
notwithstanding
the
Resolution
of
the
Clergy
in
their
Convocation
,
yet
still
the
King
is
to
remain
the
last
Judge
,
not
only
of
the
Lawfulness
,
but
of
the
Expediency
too
,
of
their
Constitutions
:
and
has
Authority
either
to
Ratifie
,
or
Reject
Them
,
as
He
,
with
the
Advice
of
his
Council
,
shall
think
Them
either
Usefull
,
or
Otherwise
,
to
the
Church
.
When
His
Majesty
gave
Liberty
to
our
last
Convocation
,
to
consider
of
the
several
Points
which
,
in
his
Commission
,
he
proposed
to
Them
;
and
permitted
Them
to
draw
into
Forms
,
Rules
,
Orders
,
Ordinances
,
Constitutions
,
and
Canons
,
such
Matters
as
to
Them
should
seem
Necessary
,
and
Expedient
,
for
the
Purposes
which
He
had
before
proposed
to
Them
;
and
the
same
being
set
down
in
Writing
,
from
time
to
time
to
Exhibit
and
Deliver
,
or
to
Cause
to
be
Exhibited
,
and
Delivered
,
to
Him
:
He
thus
goes
on
to
declare
what
was
to
be
done
,
after
such
their
Resolutions
should
be
delivered
in
by
Them
;
—
To
the
End
that
We
,
as
Occasion
shall
Require
,
may
thereupon
have
the
Advice
of
our
Parliament
;
and
that
such
,
and
so
many
,
of
the
said
Canons
,
Orders
,
Ordinances
and
Constitutions
,
Matters
,
Causes
and
Things
,
as
shall
be
thought
Requisite
and
Convenient
,
by
our
said
Parliament
,
may
be
presented
to
us
in
due
Form
,
for
Our
Royal
Assent
,
if
upon
Mature
Consideration
thereof
We
shall
think
sit
to
Enact
the
same
.
And
from
whence
it
appears
to
have
been
His
Majesty's
Intention
,
had
that
Convocation
proceeded
to
any
Resolutions
,
to
have
submitted
the
Examination
of
their
Acts
not
only
to
his
Parliament
;
but
,
that
being
done
,
to
have
Reserved
the
final
Judgment
of
Them
to
his
Own
Consideration
:
And
we
cannot
doubt
but
that
it
was
upon
the
best
Advice
of
his
Learned
Council
in
the
Law
,
that
He
so
Intended
.
But
more
full
and
express
to
this
purpose
King
Charles
the
First
to
the
Convocation
of
1640
,
before
mentioned
.
Wherein
having
granted
the
same
Liberty
,
we
here
meet
with
,
to
his
Clergy
;
To
set
down
in
Writing
,
and
to
Exhibit
,
or
Cause
to
be
Exhibited
to
Him
,
All
and
Every
the
said
Canons
,
Orders
,
Ordinances
,
and
Constitutions
,
Matters
,
Causes
,
and
Things
,
to
be
by
Them
from
time
to
time
,
Conferr'd
,
Treated
,
Debated
,
Consider'd
,
Consulted
and
Agreed
upon
:
He
adds
;
To
the
end
that
We
,
upon
mature
Consideration
by
Us
to
be
taken
thereupon
,
may
Allow
,
Approve
,
Confirm
,
and
Ratifie
;
or
Otherwise
Disallow
,
Annihilate
,
and
Make
Void
,
such
,
and
so
many
of
the
said
Canons
,
Orders
,
Ordinances
,
and
Constitutions
,
Matters
,
Causes
,
and
Things
,
or
Any
of
Them
;
so
to
be
by
force
of
These
Presents
Consider'd
,
Consulted
,
and
Agreed
upon
,
as
We
shall
think
Fit
,
Requisite
,
and
Convenient
.
But
this
is
not
yet
all
;
In
the
close
of
his
Commission
he
again
Reserves
to
Himself
the
same
Power
;
in
these
Remarkable
Words
:
Provided
always
,
and
our
Express
Will
,
Pleasure
,
and
Commandment
is
,
That
the
said
Canons
,
Orders
,
Ordinances
,
and
Constitutions
,
Matters
,
Causes
,
and
Things
,
or
Any
of
Them
,
so
to
be
,
by
force
of
These
Presents
,
Consider'd
,
Consulted
,
or
Agreed
upon
,
shall
not
be
of
Any
Force
,
Effect
,
or
Validity
in
the
Law
,
but
only
such
,
and
so
many
of
Them
,
and
after
such
time
,
as
We
by
our
Letters
Patent
under
our
Great
Seal
of
England
shall
Allow
,
Approve
,
and
Confirm
the
same
.
These
are
the
Limitations
under
which
that
Convocation
Acted
;
and
from
which
these
(
three
)
Conclusions
will
Unavoidably
follow
.
1st
.
That
the
King
,
by
granting
the
Convocation
license
to
consider
,
and
draw
up
any
Canons
,
Orders
,
or
Constitutions
;
or
to
determine
any
Matters
or
Causes
;
do's
not
give
them
any
final
,
decisive
Power
,
of
Concluding
those
affairs
:
but
Empowers
them
only
to
deliver
their
Judgment
to
Him
,
which
He
may
either
Approve
,
or
Reject
,
as
He
shall
afterwards
see
Cause
to
do
.
2dly
.
That
in
determining
concerning
their
Resolutions
,
He
is
not
obliged
either
to
Approve
,
and
Confirm
;
or
else
to
Reject
,
and
Annihilate
ALL
that
they
have
done
;
but
may
judge
distinctly
of
Every
particular
Point
,
or
Matter
,
debated
by
Them
;
and
severally
pass
his
judgment
upon
Them
:
May
give
Force
and
Authority
,
to
some
things
,
and
at
the
same
time
make
Void
,
and
disallow
of
Others
.
And
this
,
3dly
.
Not
only
upon
his
Own
private
judgment
,
or
upon
the
Advice
of
any
select
persons
of
his
Clergy
,
(
tho'
it
be
a
matter
Ecclesiastical
:
)
but
with
the
advice
of
his
Council
,
who
,
by
his
Command
,
are
also
Empowred
to
judge
of
what
the
Convocation
has
done
,
and
whose
Opinion
,
if
He
approves
of
it
,
He
may
preferr
to
that
of
his
Clergy
.
But
we
will
go
on
with
the
History
of
this
Convocation
;
and
see
how
these
several
Conclusions
may
be
yet
farther
clear'd
and
confirm'd
by
it
.
When
,
by
Vertue
of
this
Commission
,
the
Convocation
had
drawn
up
such
Canons
,
and
agreed
upon
such
Orders
,
as
to
them
seem'd
most
proper
,
to
answer
the
Ends
proposed
by
the
King
to
Them
;
We
are
told
by
His
Majesty
,
in
His
Declaration
of
June
30th
.
following
,
that
,
according
to
His
direction
,
They
had
Offered
,
and
Presented
the
same
to
Him
,
desiring
Him
to
give
His
Royal
Assent
to
what
They
had
done
.
Now
as
hereby
they
plainly
acknowledged
His
Majesty
to
have
all
that
Authority
,
as
to
this
matter
,
which
,
in
His
Commission
,
he
had
pretended
to
;
so
we
find
the
King
still
proceeded
,
according
to
the
same
measures
he
had
first
laid
down
,
to
the
Ratification
of
what
they
presented
to
Him
.
For
thus
the
Declaration
goes
on
:
We
,
having
diligently
,
with
great
Content
and
Comfort
,
Read
and
Consider'd
,
all
the
said
Orders
,
Ordinances
,
and
Constitutions
,
agreed
upon
,
as
is
before
express'd
:
And
finding
the
same
such
,
as
We
are
persuaded
will
be
very
profitable
,
not
only
to
Our
Clergy
,
but
to
the
whole
Church
of
this
Our
Kingdom
;
and
to
All
the
true
Members
of
it
(
if
they
be
well
Observed
:
)
Have
therefore
for
Us
,
our
Heirs
,
and
lawfull
Successors
,
of
our
special
Grace
,
certain
Knowledge
,
and
meer
Motion
,
given
,
and
by
these
Presents
do
give
Our
Royal
Assent
,
according
to
the
Form
of
the
said
Statute
,
or
Act
of
Parliament
aforesaid
;
to
All
and
Every
of
the
said
But
because
in
the
Beginning
of
this
Royal
Father
for
what
He
did
,
whose
Pattern
he
proposed
to
follow
in
this
Particular
;
I
cannot
but
observe
that
He
did
stick
so
closely
to
it
,
as
to
use
the
very
same
Form
;
(
almost
the
very
same
Words
;
)
in
confirming
these
Canons
of
1640
;
that
the
Other
had
done
,
in
Ratifying
of
those
of
1603.
And
from
whence
we
may
the
more
undoubtedly
conclude
,
That
as
the
Consequences
before
drawn
from
the
Tenour
of
these
publick
Instruments
,
are
,
in
point
of
Reason
,
plain
and
unavoidable
;
so
is
their
Authority
,
in
point
of
Law
,
Certain
,
and
Indisputable
:
and
that
our
Kings
do
not
only
in
fact
,
Claim
,
and
Exercise
such
a
Power
,
as
we
have
now
seen
,
over
their
Convocations
;
but
have
also
an
apparent
Right
to
the
Exercise
of
it
.
Whether
our
Kings
may
not
only
so
many
,
of
the
Canons
,
&c.
of
their
Convocations
,
as
they
shall
judge
Expedient
;
and
Refuse
,
and
Reject
the
Rest
;
but
may
also
,
by
their
supreme
Authority
in
Ecclesiastical
Matters
,
Correct
,
and
Amend
those
which
they
do
allow
of
,
I
shall
not
undertake
to
say
.
But
so
we
are
told
King
Henry
the
Eighth
did
,
and
that
in
a
Case
of
the
strictest
nature
;
in
framing
the
very
Articles
of
Religion
,
which
were
afterwards
Ecclesiastical
Laws
He
shall
think
sitting
,
for
the
Discipline
of
the
Church
;
but
make
such
use
of
the
Convocation
,
and
the
Resolutions
agreed
to
in
it
,
in
Order
thereunto
,
as
He
shall
think
fit
:
And
(
as
I
have
shewn
the
French
King's
heretofore
to
have
done
;
)
may
not
only
confirm
,
or
disallow
;
but
may
sometimes
even
alter
,
and
correct
,
what
is
done
by
Them
,
according
to
His
Own
liking
.
And
now
that
I
have
mention'd
this
Convocation
of
King
Henry
the
Eighth
;
It
would
be
needless
for
me
to
observe
,
after
the
account
I
have
already
given
of
the
Act
which
was
Pass'd
but
a
few
years
before
,
by
the
same
King
,
to
that
purpose
;
that
this
Convocation
was
call'd
by
his
Writ
.
I
will
rather
take
notice
,
that
the
Articles
of
Religion
set
forth
by
them
,
were
not
only
corrected
by
that
Prince
,
after
they
had
been
framed
by
the
Convocation
;
but
were
drawn
up
by
Them
,
according
to
the
Method
,
and
Directions
which
He
gave
to
them
for
that
purpose
.
So
his
Declaration
,
to
all
his
loving
Subjects
,
in
Confirmation
of
these
Articles
,
informs
Us.
And
for
because
we
would
the
said
and
Every
of
Them
,
should
be
taken
,
and
understanden
of
you
,
after
such
Sort
,
Order
,
and
Degree
,
as
appertaineth
accordingly
;
We
have
Caused
,
by
the
Assent
,
and
Agreement
of
our
Bishops
,
and
Other
learned
Men
,
the
said
Articles
to
be
divided
into
Two
sorts
;
whereof
the
One
part
containeth
such
Things
as
be
Commanded
expressly
by
God
,
and
be
Necessary
to
Salvation
;
and
the
Other
containeth
such
Things
,
as
have
been
of
a
long
continuance
,
for
a
decent
Order
,
&c.
—
tho'
they
be
not
expressly
commanded
of
God
,
nor
necessary
to
our
Salvation
.
But
that
which
I
would
principally
observe
in
this
Declaration
,
is
,
Upon
what
Grounds
,
and
with
what
Examination
,
the
King
gave
his
Assent
to
those
Articles
.
I
have
before
said
,
and
,
from
the
words
now
Quoted
,
it
sufficiently
appears
;
that
the
Articles
here
referr'd
to
did
,
at
least
in
one
great
part
of
Them
,
relate
to
Doctrines
of
Faith
;
and
that
in
the
most
necessary
Points
of
it
.
And
yet
see
what
Liberty
that
King
took
,
in
judging
,
as
well
as
correcting
,
of
what
they
had
done
.
He
was
speaking
of
the
design
he
Where
after
long
and
mature
Deliberation
,
had
of
and
upon
the
Premises
,
finally
They
have
Concluded
,
and
Agreed
upon
,
the
most
special
Points
and
Articles
;
as
well
such
as
be
Commanded
of
God
,
and
are
Necessary
to
our
Salvation
;
as
also
divers
Other
matters
touching
the
Honest
Ceremonies
,
and
Good
,
and
Politick
Orders
,
as
is
aforesaid
.
—
Which
their
Determination
,
Debatement
,
and
Agreement
,
forsomuch
as
WE
THINK
to
have
proceeded
of
a
Good
,
Right
,
and
true
Judgment
,
and
to
be
Agreeable
to
the
Laws
,
and
Ordinances
of
God
;
and
much
profitable
for
the
stablishment
of
that
Charitable
Concord
,
and
Unity
,
in
our
Church
of
England
,
which
we
most
desire
;
We
have
caused
the
same
to
be
Publish'd
;
Willing
,
Requiring
,
and
Commanding
you
to
Accept
,
Repute
,
and
Take
them
accordingly
.
Such
a
Judgment
did
this
Prince
assume
to
himself
,
over
those
Acts
of
his
Clergy
,
which
the
most
properly
fall
under
an
Ecclesiastical
Determination
!
And
so
little
have
our
Princes
thought
Themselves
obliged
either
to
Receive
Themselves
,
or
to
Impose
upon
Others
,
any
of
their
Orders
,
or
Decisions
;
but
as
they
were
finally
persuaded
that
what
they
had
done
proceeded
from
a
sound
Judgment
,
and
would
be
for
the
Benefit
of
their
Church
and
Kingdom
to
be
Observed
.
And
now
from
what
I
have
before
asserted
,
Christian
Princes
in
General
;
and
to
be
not
only
not
contradicted
,
but
rather
to
be
expressly
declared
by
our
Own
Laws
and
Customs
,
to
be
the
Prerogative
of
our
Own
Kings
in
this
Particular
;
It
will
be
no
hard
matter
to
give
a
Clear
and
Positive
Answer
to
the
first
General
Question
proposed
to
be
Resolved
,
in
all
the
Parts
of
it
.
For
,
first
:
Whereas
it
is
demanded
,
Whether
there
be
any
Law
,
that
Commands
,
or
Permits
,
the
Sitting
,
and
Acting
of
the
Convocation
,
besides
the
Absolute
,
free
Pleasure
of
the
Prince
?
I
Reply
,
That
if
by
Sitting
be
meant
their
being
Summon'd
at
such
times
as
the
Parliament
is
Assembled
,
there
is
a
Continued
,
Immemorial
Custom
,
which
do's
determine
the
Prince
to
Summon
a
Convocation
at
such
Seasons
,
and
leaves
it
not
any
longer
to
his
free
,
and
absolute
Will
,
Whether
he
will
Summon
it
,
or
no
?
When
this
Custom
first
began
,
or
How
long
it
has
become
the
setled
,
and
constant
Method
with
us
,
to
have
a
Convocation
Call'd
at
the
same
time
that
the
Parliament
meets
,
it
matters
not
to
our
present
Purpose
to
Enquire
.
Sure
we
are
,
that
this
has
been
the
Custom
ever
since
the
25th
.
of
Henry
the
Eighth
:
And
that
is
enough
to
shew
that
it
ought
not
Easily
to
be
neglected
.
And
therefore
,
tho
I
know
no
Positive
Law
that
do's
determine
the
King
's
Absolute
and
free
Will
,
as
to
this
matter
;
yet
I
humbly
conceive
that
so
ancient
,
and
setled
a
Custom
ought
to
be
held
to
;
and
our
Princes
accordingly
still
order
the
one
to
be
summon'd
,
as
often
as
the
other
is
called
.
But
now
,
secondly
,
If
by
sitting
be
meant
(
as
in
the
present
question
I
suppose
it
is
)
their
meeting
to
do
Business
;
and
being
allow'd
to
come
together
for
that
purpose
:
Then
I
reply
,
that
for
such
their
sitting
,
I
know
no
Law
besides
the
absolute
and
free
power
of
the
Prince
.
Custom
,
we
are
sure
is
as
much
against
this
,
as
it
has
been
for
the
other
;
and
any
Statute
or
positive
Law
for
it
,
has
not
,
that
I
know
of
,
been
pretended
to
.
Indeed
whilst
the
Clergy
were
wont
to
assess
themselves
,
and
their
sitting
,
upon
that
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
.
But
that
being
done
,
they
were
for
the
most
part
forthwith
Adjourned
,
and
met
no
more
,
till
the
King
had
some
new
occasion
for
their
assistance
.
And
that
I
may
not
be
thought
to
speak
this
at
all
adventures
,
I
will
offer
an
instance
or
two
of
it
.
The
Convocation
which
met
the
first
of
King
James
the
First
:
was
by
Prorogations
continued
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
,
which
I
have
mention'd
.
In
King
Charles
the
First
's
time
,
there
were
but
few
Parliaments
,
and
therefore
we
are
not
to
look
for
Convocations
in
that
.
When
his
Son
,
King
Charles
the
Second
return'd
;
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
the
first
to
sit
,
and
settle
the
Affairs
of
the
Church
:
but
that
being
done
,
they
were
by
the
King
's
Writ
prorogued
eighteen
several
times
successively
;
and
it
does
not
appear
by
the
Journal
of
it
,
which
I
have
seen
,
that
any
thing
material
was
afterwards
done
by
it
.
And
as
their
sitting
,
so
thirdly
,
I
affirm
that
their
acting
too
does
depend
upon
the
Will
of
the
Prince
.
They
cannot
enter
upon
any
business
without
his
special
Commission
for
it
:
And
whether
he
will
grant
them
such
a
Commission
or
no
,
depends
entirely
upon
his
own
Will.
But
when
I
say
,
that
the
sitting
and
acting
of
the
Convocation
,
does
depend
upon
the
absolute
and
free
Will
of
the
Prince
;
(
and
which
terms
I
make
use
free
will
,
I
understand
a
Will
not
determined
by
any
humane
Law
,
to
act
otherwise
than
according
to
the
Dictates
of
a
Man
's
own
Reason
,
and
upon
the
last
Result
of
his
own
Judgment
,
he
would
do
.
For
otherwise
there
are
Laws
,
which
in
this
,
as
in
all
other
cases
of
the
like
Nature
,
determine
the
most
absolute
Sovereigns
in
the
World
:
and
we
do
not
deny
our
King
,
as
well
as
all
other
Princes
,
to
be
subject
to
them
.
The
Law
of
Reason
,
is
a
Law
by
which
every
wise
Man
does
,
and
every
Man
,
as
such
,
is
obliged
to
act
.
The
positive
Law
of
God
,
and
the
common
Principles
of
Right
and
〈◊〉
,
are
another
Law
,
by
which
all
Christians
(
of
what
Bank
or
Authority
〈◊〉
)
both
out
of
duty
to
God
,
and
with
regard
to
their
own
Consciences
,
are
required
to
attend
.
And
lastly
,
The
publick
Good
and
Welfare
of
the
Community
,
is
another
Law
,
to
which
all
Princes
,
even
those
who
,
in
other
respects
,
are
the
most
absolute
;
are
oblig'd
to
look
:
and
with
the
observance
of
which
they
cannot
dispence
,
tho'
no
human
Constraint
lies
upon
them
,
to
force
them
thereunto
,
or
to
punish
them
if
they
do
not
.
By
all
these
Laws
,
Princes
are
obliged
:
And
the
Will
of
the
Prince
regulated
by
these
Laws
,
but
not
under
the
direction
of
any
more
particular
Obligations
;
is
that
Will
on
which
I
affirm
the
sitting
and
acting
of
the
Convocation
to
depend
.
The
Government
has
intrusted
him
with
the
Power
of
giving
them
leave
to
sit
and
act
when
he
pleases
,
and
when
he
pleases
,
he
may
deny
them
to
do
either
.
But
still
it
was
supposed
,
when
that
trust
was
committed
to
him
,
that
he
should
use
it
with
Prudence
and
Moderation
;
and
as
he
should
from
time
to
time
be
perswaded
,
would
be
most
for
the
publick
Good
,
both
of
the
Church
and
State
.
And
therefore
,
fourthly
,
Notwithstanding
any
thing
that
has
hitherto
been
said
,
I
shall
not
doubt
to
affirm
;
that
whenever
the
King
is
in
his
own
Conscience
convinced
,
that
for
the
Convocation
to
sit
and
act
,
would
be
for
the
Glory
of
God
,
the
Benefit
of
the
Church
,
or
otherwise
for
the
publick
Good
and
Welfare
of
his
Realm
;
he
is
obliged
both
by
the
Law
of
Reason
,
as
a
Man
;
by
his
duty
to
God
,
as
a
Christian
;
and
by
his
duty
to
his
People
,
as
a
Ruler
set
over
them
for
their
Good
;
to
permit
,
or
rather
to
command
his
Clergy
to
meet
in
Convocation
,
and
transact
what
is
sit
,
for
any
or
all
these
ends
,
to
be
done
by
them
.
As
on
the
other
hand
,
whensoever
he
is
clearly
and
evidently
convinced
,
that
for
them
thus
to
come
together
,
would
be
needless
,
or
hurtfull
,
to
these
ends
;
it
is
then
his
duty
to
restrain
them
from
sitting
;
and
that
tho'
he
should
be
never
so
importunately
desired
by
some
,
that
they
may
sit
;
or
rail'd
at
by
others
,
for
not
allowing
them
so
to
do
.
These
I
take
to
be
the
plain
Consequences
of
the
foregoing
Discourse
:
And
by
them
,
I
suppose
,
a
clear
and
full
Resolution
is
given
,
to
the
first
general
Question
,
viz.
Whether
there
be
any
Law
that
commands
or
permits
,
the
sitting
and
acting
of
the
Convocation
,
besides
the
absolute
and
free
Pleasure
of
the
Prince
?
And
if
there
be
,
What
that
Law
is
?
And
how
far
the
Prince
is
obliged
by
it
?
I
might
now
proceed
upon
this
foundation
,
without
any
more
ado
,
to
examine
what
has
been
offer'd
by
our
late
Author
to
the
contrary
,
and
so
pass
on
to
the
other
part
of
my
Discourse
.
But
because
it
may
be
a
matter
of
some
Satisfaction
,
as
well
as
use
,
to
those
whose
Enquiries
have
not
lain
this
way
,
to
know
what
has
been
the
State
of
our
Convocations
,
ever
since
we
have
any
accounts
,
that
we
can
rely
upon
,
concerning
them
:
I
will
therefore
take
leave
to
digress
so
far
from
my
present
business
,
as
may
suffice
to
shew
this
,
in
a
short
History
of
our
Convocations
,
from
the
first
Conversion
of
the
Saxons
to
Christianity
,
down
to
our
present
Times
.
CHAP.
IV.
In
which
the
State
of
the
Convocation
is
Historically
deduced
,
from
the
first
Conversion
of
the
Saxons
,
to
our
Own
Days
.
SO
great
is
the
Uncertainty
to
which
humane
Constitutions
are
exposed
,
that
tho'
I
have
before
sufficiently
shewn
what
the
Nature
of
our
Convocation
at
present
is
,
and
what
Authority
our
Kings
have
over
it
;
yet
we
can
by
no
means
from
thence
conclude
,
that
this
was
always
the
case
of
it
;
or
that
the
Act
of
the
25th
of
King
Henry
the
VIII
.
did
only
restore
our
Kings
to
their
ancient
Rights
over
their
Clergy
;
and
not
rather
give
them
a
greater
Power
than
ever
they
before
had
;
or
than
the
Parliament
ought
to
have
put
into
their
hands
.
To
clear
this
matter
,
and
withal
to
shew
how
Ecclesiastical
Affairs
have
heretofore
been
transacted
in
this
Realm
;
I
shall
here
take
a
short
View
of
the
State
of
our
Convocation
in
times
past
,
and
of
the
method
that
was
wont
to
be
observed
in
making
of
Canonical
Orders
and
Constitutions
;
from
the
Conversion
of
the
Saxons
,
to
the
settlement
of
it
in
that
Form
under
which
it
continues
to
this
very
day
.
And
the
Method
I
shall
take
for
the
better
clearing
of
this
matter
,
shall
be
this
:
I.
I
will
consider
,
how
the
Affairs
of
the
Church
were
managed
,
from
the
first
Conversion
of
the
Saxons
,
to
the
time
of
the
Norman
Conquest
.
II.
From
the
coming
in
of
K.
William
the
Conquerour
,
to
the
23d
.
of
Edward
the
First
:
About
which
time
both
the
Parliament
,
and
the
Convocation
,
seem
to
have
been
fully
setled
upon
the
same
foot
,
on
which
they
have
both
continued
to
stand
ever
since
.
III.
From
the
23d
.
of
Edward
the
First
,
to
the
25th
.
of
Henry
the
Eighth
:
When
the
Parliament
and
Clergy
,
restored
the
Crown
to
those
Rights
,
which
the
Usurpations
of
the
Court
of
Rome
had
before
,
in
great
Measure
,
deprived
it
of
.
And
,
IV.
From
the
25th
.
of
Henry
the
Eighth
,
to
our
own
times
.
I
PERIOD
.
And
First
:
Let
us
enquire
,
how
the
Norman
Conquest
.
It
is
evident
to
any
one
who
has
ever
consider'd
,
by
what
Authority
,
and
after
what
Manner
,
our
Clergy
are
called
together
in
Convocation
;
that
when
those
Writs
were
framed
which
we
still
continue
to
make
use
of
,
they
referr'd
to
a
double
end
,
and
it
was
intended
the
Clergy
should
meet
together
under
a
double
Capacity
,
by
vertue
of
them
.
When
the
King
issues
out
his
Parliamentary
Writs
,
and
summons
the
Bishops
to
come
to
that
great
Council
;
every
Bishop
is
thereby
,
distinctly
,
required
,
To
give
notice
to
the
Dean
Cathedral
Church
,
and
to
the
Arch-deacons
,
and
Clergy
,
of
his
Diocess
,
of
the
King's
Pleasure
;
to
the
end
that
they
the
said
Dean
and
Arch-deacon
,
in
their
proper
persons
;
their
Chapter
by
one
;
and
the
Clergy
of
every
Arch-deaconry
,
by
two
Proctors
,
lawfully
chosen
,
and
empowered
,
may
,
together
with
the
Bishop
,
attend
upon
the
King
in
Parliament
;
and
there
consent
to
such
things
as
shall
be
agreed
upon
,
for
the
good
of
the
Church
or
State
.
Now
this
Clause
,
as
it
equally
requires
the
inferiour
Clergy
,
as
the
rest
of
the
Writ
does
the
Bishop
himself
to
come
to
Parliament
;
so
has
the
necessity
of
it
been
accounted
so
great
,
that
some
have
thought
this
to
be
the
reason
,
Meth.
of
Parliaments
,
p.
42.
Custodi
spiritualitatis
,
7
Ed.
3.
why
if
the
See
be
Vacant
,
the
Writ
shall
,
in
such
a
case
,
bedirected
to
the
Guardians
of
the
Spiritualties
,
viz.
That
by
this
means
the
Proxies
of
the
Clergy
may
,
by
them
,
be
proemonished
,
to
come
to
the
Parliament
,
according
to
their
duty
,
and
as
of
ancient
Custom
they
have
been
required
to
do
.
It
must
therefore
be
allow'd
,
and
accordingly
it
is
indeed
confessed
by
those
,
who
have
been
the
best
acquainted
with
the
Nature
of
our
Constitution
,
that
the
Clergy
were
anciently
a
part
of
the
Parliament
,
and
that
the
Dignitaries
,
and
Proxies
of
the
Lower
Order
,
did
,
together
with
the
Spiritual
Lords
,
make
up
the
third
Estate
in
it
.
But
now
together
with
this
Parliamentary
Convocation
Writ
in
the
Appendix
.
Writ
,
sent
out
to
every
Bishop
in
particular
:
There
is
another
general
Order
directed
only
to
the
Archbishop
of
each
Province
,
to
call
together
the
whole
Clergy
of
their
several
Provinces
,
to
another
place
,
and
(
usually
)
upon
another
day
.
The
Copy
of
this
Writ
the
Archbishop
of
Canterbury
sends
to
the
Bishop
of
London
,
as
Dean
of
the
Episcopal
College
;
and
requires
him
to
summon
the
Clergy
of
his
Province
,
and
to
attend
himself
,
with
the
Clergy
of
his
own
Diocess
,
according
to
the
King's
Command
.
And
this
is
more
properly
a
Provincial
Synod
;
tho'
,
at
present
,
it
consists
of
the
same
Persons
;
and
was
oftentimes
,
heretofore
,
employed
to
the
same
ends
,
that
the
Clergy
who
came
to
the
Parliament
were
:
and
consulted
at
once
both
of
the
State
of
the
Church
,
and
how
to
supply
the
Prince's
Wants
.
And
as
this
is
the
case
of
the
Clergy
at
the
present
;
so
if
we
look
back
to
those
first
Times
,
we
are
now
particularly
to
consider
,
we
shall
find
the
foundation
of
this
difference
laid
in
them
;
and
clearly
see
how
it
came
to
be
derived
down
from
thence
to
the
Times
that
follow'd
after
.
It
has
ever
been
the
Wisdom
,
as
well
as
Piety
of
Christian
Princes
,
to
pay
a
civil
Concerns
;
and
ostentimes
,
to
intrust
too
with
the
management
of
them
;
than
those
whose
Profession
at
once
disposes
them
both
to
a
greater
extent
of
Knowledge
,
and
to
a
quicker
sense
of
their
duty
,
than
is
ordinarily
to
be
met
with
in
other
Men.
And
I
believe
there
is
no
Nation
,
where
the
Gospel
of
Christ
has
prevailed
,
in
which
Ecclesiastical
Persons
have
not
been
,
by
a
kind
of
general
Consent
,
admitted
to
the
Management
of
civil
Affairs
;
and
been
advised
with
as
well
in
matters
relating
to
the
State
,
as
in
those
which
concern
the
Church
.
Now
as
this
first
brought
them
into
the
Great
Councils
of
Princes
,
so
was
it
the
same
opinion
,
of
their
Ability
and
Integrity
,
which
first
gave
original
to
that
part
they
now
have
,
and
ever
did
enjoy
,
in
the
Parliaments
of
this
Nation
.
For
as
our
Princes
,
from
the
beginning
,
were
wont
to
do
all
things
of
greater
Moment
with
the
Advice
of
their
great
Councils
:
so
,
in
all
those
Councils
,
the
Clergy
still
had
the
chiefest
place
,
as
in
the
progress
of
these
remarks
I
shall
have
occasion
very
plainly
to
shew
.
Nor
were
the
Laity
any
losers
at
all
by
this
:
For
the
Bishops
and
great
Clergy-men
,
being
,
by
these
means
,
present
at
their
Councils
;
and
the
King
by
his
very
Office
,
having
an
original
Right
to
deliberate
concerning
the
Affairs
of
the
Church
,
as
well
as
of
the
State
;
it
came
to
pass
,
that
these
great
Councils
,
by
degrees
,
transacted
both
:
They
deliberated
as
well
of
Ecclesiastical
,
as
of
civil
Affairs
;
and
the
causes
that
concerned
the
Church
were
no
less
determined
by
the
Judgment
and
Authority
of
the
Laity
;
than
the
civil
ones
were
,
by
the
Advice
of
the
Clergy
.
But
because
it
may
be
of
some
advantage
,
to
the
right
understanding
of
this
whole
subject
,
to
have
a
clear
knowledge
of
the
method
in
which
Ecclesiastical
Affairs
were
wont
to
be
transacted
,
in
these
most
remote
times
,
upon
which
I
am
now
entring
;
and
that
the
understanding
of
these
,
will
very
much
depend
upon
a
right
apprehension
of
the
nature
of
those
great
Councils
,
I
shall
have
so
much
occasion
to
insist
upon
,
in
this
Period
:
I
will
endeavour
,
in
the
first
place
,
to
give
the
most
distinct
account
I
can
of
them
;
and
that
from
Foreign
Historians
,
as
well
as
from
those
of
our
Own
Country
.
And
here
were
the
manner
of
holding
Preface
pretends
,
and
as
some
affirm
that
it
is
;
we
should
be
able
to
go
on
the
better
Note
;
and
of
whose
Sincerity
there
can
be
no
doubt
.
That
there
was
all
along
,
in
these
days
,
a
very
near
Affinity
,
between
the
Polity
of
France
,
and
that
of
our
own
Country
,
in
its
Ecclesiastical
,
as
well
as
in
its
civil
Establishment
;
might
from
many
Instances
evidently
be
made
appear
.
Those
Northern
Nations
,
who
about
400
years
after
Christ
,
began
to
over-run
the
greater
part
of
Europe
,
were
very
much
alike
in
their
Manners
and
Constitutions
:
And
the
Government
,
which
,
at
the
beginning
,
they
setled
in
those
Countries
in
which
they
fix'd
,
tho'
in
some
Circumstances
it
might
vary
,
yet
in
the
main
was
the
same
too
.
Now
the
Parliaments
of
France
(
for
so
in
aftertimes
the
great
Councils
of
the
Nation
were
call'd
by
them
,
as
well
as
with
us
)
were
first
brought
into
a
setled
Order
and
Method
,
by
Pepin
,
Brother
to
Carloman
,
about
the
year
744
:
in
the
very
times
we
are
no●
discoursing
about
.
And
the
manner
in
which
he
did
it
was
this
.
He
call'd
together
great
Lords
,
to
a
Council
at
Soissons
:
and
there
with
the
advice
of
both
,
commanded
the
ancient
Canons
to
be
observed
,
and
set
out
several
new
Constitutions
,
for
the
Government
of
the
Clergy
,
as
well
as
of
the
Laity
.
And
to
the
end
that
the
State
of
both
might
be
kept
in
better
order
,
they
farther
decreed
,
that
from
thenceforth
such
a
Synod
should
be
held
,
for
the
same
purpose
,
once
every
Year
.
And
thus
this
Affair
stood
for
some
time
;
till
about
eleven
years
after
,
being
a
little
at
leisure
from
those
Wars
which
had
almost
continually
exercised
him
,
he
began
to
put
his
Kingdom
into
a
better
Posture
.
To
which
end
,
having
again
call'd
together
almost
all
the
Bishops
And
here
began
a
manifest
difference
Ecclesiastical
Synods
.
For
at
the
former
of
Lay
Lords
of
the
Realm
.
In
that
were
Laws
made
both
for
the
Civil
and
Ecclesiastical
State
;
and
being
framed
by
the
Council
,
were
examined
,
and
confirmed
by
the
King
.
Whereas
at
the
latter
there
appear'd
only
the
Bishops
and
Clergy
;
and
these
made
no
new
Constitutions
;
but
only
State
Meeting
;
or
else
took
care
to
order
the
Reformation
of
Mens
Manners
,
according
to
the
Laws
already
made
.
Such
was
the
Polity
which
that
King
establish'd
for
the
Ordering
both
of
Civil
and
Ecclesiastical
Affairs
.
But
now
this
Settlement
,
begun
by
Pepin
,
was
very
much
improved
by
Charles
the
Great
.
And
because
of
this
,
we
have
a
very
exact
account
given
us
by
Hincmarus
,
In
the
first
place
then
He
appointed
two
Assemblies
to
be
held
every
Year
;
the
One
a
General
Council
,
of
all
the
Bishops
,
all
these
;
such
as
the
Prince
should
think
sit
to
chuse
;
together
with
his
principal
Ministers
of
State
,
whom
he
also
call'd
to
it
.
In
the
General
Council
,
all
the
publick
Affairs
,
for
the
following
Year
,
were
setled
:
In
the
Other
,
were
handled
such
incidental
Matters
,
as
not
being
foreseen
,
could
not
,
by
Consequence
,
be
provided
for
,
in
that
Great
Assembly
;
and
yet
were
of
such
a
Nature
,
that
They
ought
not
to
be
deferr'd
,
till
that
Council
should
meet
again
.
In
Both
these
Councils
,
(
tho'
chiefly
in
the
General
One
)
Laws
were
made
both
for
the
Church
,
and
Realm
.
The
King
proposed
to
them
what
He
would
have
them
debate
upon
;
and
having
for
three
days
consulted
together
,
they
laid
the
Result
of
their
Debates
before
Him
;
and
his
Choice
,
and
Approbation
,
determined
the
Matter
.
But
that
which
I
would
chiefly
observe
different
Kind
,
so
were
they
dispatch'd
by
Them
after
a
different
Manner
.
If
the
Matter
to
be
deliberated
upon
were
purely
Spiritual
;
in
that
Case
,
the
Bishops
,
and
Abbots
,
went
apart
by
Themselves
,
and
debated
upon
it
.
If
it
were
wholly
Civil
,
or
Military
,
the
Lords
alone
consulted
about
it
.
If
it
were
of
a
mix'd
Nature
,
as
relating
to
the
Government
or
Discipline
of
the
Church
;
then
they
Both
together
treated
of
it
.
But
which
soever
it
were
,
still
the
King
consider'd
of
their
Resolutions
;
and
determined
all
,
as
He
saw
fit
.
From
this
difference
both
of
the
Matters
debated
in
these
Assemblies
,
and
of
the
Manner
of
deliberating
upon
Them
,
the
same
Assembly
is
oftentimes
called
both
a
Royal
,
and
Synodical
Council
.
Thus
Sigebert
styles
the
Council
of
Trebur
under
the
Emperour
Conrade
,
Anno
1031.
And
thus
may
many
of
our
ancient
Councils
be
distinguish'd
.
I
shall
mention
only
One
,
in
which
a
learned
lay
Nobility
were
present
.
But
yet
the
most
part
of
what
was
done
in
it
,
related
to
the
Church
;
and
was
concluded
by
the
Clergy
alone
,
who
went
apart
from
the
Other
Lords
,
for
that
purpose
.
It
were
an
easie
matter
to
shew
that
General
Councils
of
this
period
;
but
even
after
the
Reduction
of
our
Parliament
to
the
Form
in
which
it
now
is
.
But
this
would
lead
me
too
far
away
from
those
Times
I
am
now
upon
;
And
I
shall
have
a
more
proper
Occasion
hereafter
to
take
notice
of
it
.
In
the
mean
time
,
from
what
has
been
said
,
it
appears
,
that
the
Method
of
transacting
publick
Affairs
in
France
,
in
those
days
of
which
I
am
at
present
to
discourse
,
was
briefly
this
:
1.
They
had
,
every
Year
,
a
General
Council
of
the
Kingdom
,
made
up
of
the
chief
Men
both
in
Honour
,
and
Employ
,
whether
Civil
,
or
Ecclesiastical
:
and
therein
Laws
were
made
,
with
the
Assent
of
the
Prince
,
both
for
the
Church
and
State
.
In
Matters
,
purely
Spiritual
,
such
as
the
Articles
of
Christian
Faith
;
the
Clergy
advised
alone
:
and
what
was
,
upon
their
Advice
,
determined
by
the
Prince
,
became
a
Law
as
to
those
Matters
.
In
Matters
of
a
Mix'd
Nature
,
as
in
Regulating
the
Discipline
of
the
Church
;
The
Great
Lords
deliberated
together
with
the
Bishops
;
And
the
Prince
confirm'd
,
what
by
the
Common
Advice
,
and
Consent
of
Both
,
was
Recommended
to
Him
.
But
because
it
might
so
fall
out
,
that
some
Affairs
might
arise
,
which
neither
could
be
foreseen
at
those
General
Meetings
,
nor
might
be
deferr'd
till
their
next
Assembling
;
Therefore
,
2.
To
prevent
any
Inconvenience
that
might
happen
by
this
means
,
there
was
another
Great
Council
held
every
Year
,
made
up
of
a
select
Number
of
those
who
came
to
the
General
Assembly
:
and
by
them
were
such
Matters
determined
after
the
same
Manner
,
and
with
the
Concurrence
of
the
same
Authority
,
by
which
the
Other
proceeded
.
Such
was
the
method
of
proceeding
Publick
Affairs
abroad
;
and
the
same
was
,
in
Effect
,
the
Polity
of
our
Own
Country
,
under
the
Government
of
our
Saxon
Princes
.
They
had
their
General
Councils
,
first
,
in
which
they
Deliberated
of
all
Publick
Matters
:
And
these
Councils
consisted
of
the
Archbishops
,
Bishops
,
and
Abbots
,
of
the
Clergy
;
and
of
the
Wise-men
,
Great-men
,
Alder-men
,
Counts
;
that
is
to
say
,
of
the
chief
of
the
Laity
,
indifferently
call'd
in
those
Times
,
by
any
,
or
all
these
Names
.
In
these
Councils
they
debated
,
both
of
Civil
,
and
Ecclesiastical
Affairs
;
and
made
Laws
,
with
the
Prince's
Consent
,
and
Concurrence
,
for
the
Ordering
of
Both.
And
this
they
did
,
as
far
as
I
can
judge
,
after
the
like
manner
that
,
we
have
seen
,
the
French
were
wont
to
do
:
The
Bishops
and
Clergy
advised
apart
,
in
Matters
purely
Spiritual
;
But
the
Great-men
debated
together
with
them
in
Civil
,
and
Mix'd
Affairs
;
and
in
which
the
interest
of
the
State
was
concern'd
,
as
well
as
that
of
the
Church
.
Thus
Athelstan
,
when
he
publish'd
his
Ecclesiastical
Laws
,
tells
us
,
that
He
did
it
with
the
Counsel
of
his
Bishops
:
But
when
he
came
to
his
Other
Constitutions
,
we
find
,
from
their
Subscription
,
that
his
Nobles
,
as
well
as
Bishops
,
were
Present
;
Whether
,
besides
these
General
Councils
,
Indeed
,
as
to
any
setled
times
of
these
Councils
meeting
,
it
do's
not
appear
,
that
as
yet
there
were
any
fix'd
:
tho'
afterwards
a
Custom
began
to
be
introduced
,
of
holding
these
Great
Councils
Once
every
Year
.
But
yet
,
within
this
period
,
Our
Princes
began
very
Solemnly
to
keep
the
Three
Great
Festivals
of
the
Year
,
with
their
Bishops
,
and
Lords
;
And
by
that
means
,
in
some
sort
,
held
a
Council
,
three
times
every
Year
,
with
Them
.
It
is
true
,
our
ancient
Laws
make
mention
solemn
Assembly
that
was
convened
every
Year
upon
the
first
of
May
;
in
which
the
chief
both
of
the
Clergy
and
Laity
,
met
together
.
And
this
differ'd
but
little
,
from
such
a
Council
as
We
are
now
speaking
of
.
But
yet
,
it
do's
not
appear
,
that
in
these
Meetings
great
Affairs
of
State
were
transacted
,
much
less
any
Laws
made
:
but
rather
the
main
business
that
was
done
in
them
,
was
solemnly
to
Renew
their
Oath
of
Fidelity
to
the
King
;
and
for
the
Maintenance
of
the
Laws
already
made
.
But
tho'
the
Greatest
part
of
what
State
Councils
;
yet
it
cannot
be
doubted
but
that
,
within
this
Period
,
there
were
held
several
Ecclesiastical
Convocations
,
or
Synods
,
properly
so
called
.
To
these
not
only
the
Archbishops
,
and
Bishops
,
were
admitted
;
but
the
Abbots
,
and
other
Clergy
,
were
called
:
Insomuch
that
in
some
of
them
we
find
Priests
,
Deacons
,
and
Monks
;
and
even
Abbesses
also
,
mention'd
.
And
besides
these
,
not
only
the
Prince
was
,
for
the
most
part
,
present
;
but
often-times
his
Nobility
together
with
Him
.
In
these
Synods
,
sometimes
the
Canonical
Discipline
was
inforced
,
and
Matters
of
Faith
establish'd
.
But
generally
they
met
for
Other
purposes
;
and
did
little
more
than
either
confirm
the
Estates
,
or
Privileges
,
of
some
Religious
Houses
;
or
transact
the
like
particular
Affairs
:
And
still
the
General
concerns
of
Religion
were
setled
,
either
by
the
Bishops
and
Abbots
apart
;
or
else
,
by
them
,
together
with
the
Great
Men
,
in
the
Common-Council
,
or
Parliament
of
the
Realm
.
And
now
having
said
thus
much
to
clear
the
way
for
a
Right
Understanding
of
the
Method
in
which
Ecclesiastical
Affairs
were
wont
to
be
transacted
,
in
those
Times
,
in
which
Christianity
first
began
to
be
setled
among
Us
,
by
our
Saxon
Ancestors
;
I
shall
go
on
to
take
a
short
View
of
the
most
considerable
Assemblies
,
whether
Synods
,
or
Councils
,
that
were
held
in
this
Country
,
before
the
Time
of
the
Norman
Conquest
.
It
was
about
the
Year
of
Christ
596
,
So
the
Saxon
Chron.
that
Austin
the
Monk
having
determined
to
undertake
the
Conversion
of
the
Saxons
in
these
Parts
,
with
the
Leave
of
Pope
Gregory
,
Arrived
here
:
And
having
with
Good
success
persuaded
Ethelbert
,
King
of
Kent
,
to
become
his
Proselyte
,
He
from
thenceforth
began
to
have
a
very
Great
Authority
with
Him
.
We
are
told
,
by
a
Monkish
Historian
,
Christian
Faith
,
did
with
Bertha
his
Queen
,
and
Eadbald
his
Son
,
and
with
Austin
his
Bishop
,
and
the
Great
Lords
of
his
Land
,
solemnly
keep
his
Christmas
at
Canterbury
.
And
there
,
in
a
Common
Council
,
both
of
his
Clergy
,
and
People
,
He
endow'd
the
Monastery
,
which
Austin
had
Founded
in
that
City
;
and
granted
several
large
Privileges
and
Immunities
to
it
.
I
have
before
observed
,
that
it
was
an
Ancient
Custom
of
our
Kings
,
to
keep
the
Three
Great
Festivals
of
the
Year
,
with
an
Extraordinary
State
and
Solemnity
.
Their
Bishops
and
Great
Men
attended
upon
Them
;
and
they
appear'd
in
the
highest
Pomp
of
Majesty
,
they
could
put
on
,
among
Them
:
and
took
those
Occasions
to
transact
such
affairs
,
as
they
thought
expedient
for
the
publick
Welfare
.
If
there
be
any
Credit
to
be
given
to
this
Relation
,
(
for
which
I
dare
not
answer
;
)
then
we
must
look
upon
this
to
have
been
such
a
Civil
Council
:
Sure
we
are
,
that
in
after-times
many
were
held
of
the
like
Kind
.
But
tho'
in
these
days
the
affairs
of
the
Church
were
,
for
the
most
part
,
determined
in
such
Meetings
;
yet
I
have
before
said
,
that
some
Synods
they
had
which
were
properly
Ecclesiastical
;
and
those
I
shall
therefore
think
my self
concern'd
,
in
the
first
place
,
to
Consider
.
Now
among
these
,
(
not
to
mention
the
two
Conferences
of
Austin
,
with
the
British
Bishops
;
)
I
know
of
none
more
ancient
than
that
which
was
held
before
King
Oswi
and
his
Son
,
at
Streanshealch
,
in
the
Monastery
of
Hilda
;
concerning
the
time
of
Easter
,
the
form
of
Tonsure
;
and
(
as
Florence
of
Worcester
adds
)
some
Ecclesiastical
Matters
.
Whether
King
Oswi
,
by
his
Authority
,
called
this
Synod
,
it
do's
not
appear
:
this
we
know
,
that
He
not
only
consented
to
the
meeting
of
it
,
but
also
sate
,
with
his
Son
,
in
it
,
and
managed
the
debates
of
it
.
He
proposed
the
business
for
which
they
met
;
and
,
at
last
,
finally
Resolved
,
what
was
to
be
held
to
,
with
Reference
to
the
Points
that
had
been
debated
.
And
tho'
the
Argument
that
determined
him
to
embrace
St.
Peter's
Tradition
,
rather
than
St.
John's
,
(
viz.
that
He
kept
the
door
in
Heaven
,
and
therefore
He
durst
not
contradict
him
,
lest
when
he
came
thither
the
Apostle
should
Resuse
him
Entrance
;
)
was
but
very
mean
,
and
suitable
to
the
Rudeness
and
Ignorance
of
those
Times
;
yet
we
see
what
Authority
our
Princes
,
from
the
beginning
,
had
,
as
to
these
matters
;
and
how
considerable
a
part
they
were
allow'd
in
their
Synods
.
But
more
eminent
,
as
well
as
more
Theodore
,
Archbishop
of
Canterbury
:
in
the
first
of
which
,
at
Herudford
,
as
the
Bishops
And
as
this
Synod
first
setled
the
Discipline
of
the
Church
,
in
these
Parts
;
so
did
that
of
Heathfield
,
which
met
about
seven
years
after
,
establish
the
Faith
of
it
.
It
admitted
of
the
decisions
of
the
Five
first
General
Councils
;
and
setled
the
Catholick
doctrine
of
the
Church
against
the
several
Heresies
which
had
been
condemn'd
in
those
Councils
.
In
both
these
Synods
it
is
expressly
said
that
Theodore
Presided
;
And
so
he
did
,
in
the
next
I
am
to
take
notice
of
,
which
was
held
at
Atwyford
Anno
685.
In
which
,
among
other
things
,
St.
Cuthbert
was
chosen
Bishop
of
Lindisfarn
;
and
,
upon
Easter-day
,
was
Consecrated
by
seven
Bishops
,
who
Attended
upon
the
King
at
that
solemn
Season
.
By
whose
Authority
these
Councils
were
call'd
,
it
do's
not
sufficiently
appear
to
Us
:
[
‖
](A66113-e65770-b)
‖
Bed
Hist
Eccl
lib
IV.
c.
28.
Monast.
Angl.
To.
I.
pag
39.
46.
but
that
in
this
last
,
King
Egfride
was
present
,
we
are
expressly
inform'd
.
[
*
](A66113-e65790-b)
*
Vid.
Annot
Wheeloc
.
in
Bed
.
l.
c.
Chron
Sax.
4ᵒ.
ad
Ann.
675.
p
43.
And
the
constant
Custom
of
the
Princes
in
those
days
,
will
not
suffer
us
to
doubt
,
but
that
it
was
by
their
Direction
that
their
Bishops
both
met
,
and
acted
in
Them
.
At
the
Council
of
Cloveshoe
,
Anno
742
,
not
only
Ecclesiastical
Synod
,
and
the
Matters
transacted
in
it
,
all
Related
to
the
Church
.
Nor
is
this
so
much
to
be
wonder'd
at
,
seeing
in
the
Legatine
Synods
,
held
by
Gregory
and
Theophylact
,
sent
hither
by
Pope
Adrian
the
First
,
for
that
purpose
;
Our
Kings
not
only
directed
the
And
these
are
the
chief
of
those
Ecclesiastical
Civil
Conventions
,
and
most
of
them
such
Assemblies
of
the
States
,
as
were
afterwards
call'd
by
the
Name
of
Parliaments
.
Among
these
,
as
none
ought
more
to
be
consider'd
,
so
were
none
more
plainly
such
,
than
Those
in
which
our
Ancient
Saxon
Laws
were
either
drawn
up
,
or
publish'd
:
And
a
very
considerable
part
of
which
relate
,
to
the
Order
and
Discipline
,
of
the
Church
.
Thus
Ina
made
his
Laws
with
the
Bishops
,
and
all
his
Aldermen
:
K.
Alfred
collected
his
,
with
properly
Ecclesiastical
:
yet
,
in
the
Close
of
them
,
we
Great
Councils
,
by
him
.
K.
Edmund
compiled
his
Laws
,
in
the
with
the
Advice
of
his
Wise-men
,
to
Kingly
Majesty
,
and
the
Good
of
the
Common-wealth
:
But
precisely
notes
the
time
when
he
compiled
them
;
namely
,
That
they
were
made
at
Christmas
in
the
City
of
Winchester
;
where
he
then
kept
that
Feast
,
and
his
Nobles
,
according
to
the
ancient
Custom
,
attended
upon
him
,
and
sate
in
Council
with
him
.
To
run
thro'
all
the
other
Councils
of
I
shall
only
mention
a
few
of
those
of
chiefest
Note
;
which
,
together
with
those
before
spoken
of
,
may
suffice
to
give
us
a
right
Understanding
,
of
the
Nature
and
Quality
of
them
.
At
Becanceld
,
about
the
Year
694
,
Withred
,
King
of
Kent
,
held
a
General
Council
;
and
if
the
relation
be
true
,
it
was
indeed
of
an
extraordinary
Composition
.
There
were
present
at
it
,
not
only
the
Archbishop
of
Canterbury
,
and
Bishop
of
Rochester
,
with
the
Lords
and
others
of
the
Laity
;
but
the
Abbots
,
Abbesses
,
Priests
and
Deacons
,
of
the
Clergy
.
It
was
called
by
Archbishop
Brithwald
at
the
Kings
Command
:
And
not
only
the
King
and
Bishops
,
but
all
others
of
the
Clerical
Order
subscribed
to
it
.
At
Berghamsted
,
the
same
King
,
about
Military
Men
:
and
by
their
common
Consent
,
made
several
Constitutions
,
to
be
added
to
the
Laws
and
Customs
of
Kent
.
But
more
remarkable
is
the
Council
at
Kenulph
King
of
the
Mercians
,
Anno
816.
At
which
,
as
at
that
of
Becanceld
before
,
not
only
a
great
number
of
Bishops
were
present
;
but
,
together
with
the
King
,
came
also
his
Princes
,
Dukes
and
Lords
:
And
all
these
were
surrounded
with
the
rest
of
the
Holy
Orders
;
Abbots
,
Priests
and
Deacons
;
treating
,
with
one
accord
,
of
what
was
usefull
,
or
necessary
,
for
the
Church
.
I
insist
not
upon
the
Synods
of
Beornulfe
King
of
the
Mercians
;
Anno
822
,
824
:
And
both
which
were
evidently
great
Councils
of
that
Nation
.
As
were
also
the
Council
of
London
,
An.
833
:
Of
Kingstone
,
Kingsbury
,
An.
851
:
Of
Winchester
,
An.
855
:
Of
London
,
under
Edred
,
An.
948
:
Of
Brandenford
,
An.
959
:
Of
London
under
Edgar
,
An.
970
:
Of
Winchester
and
Calne
under
Dunstan
Archbishop
of
Cant.
Of
Aenham
,
An.
1009
:
And
of
Westminster
,
An.
1066.
It
is
sufficiently
evident
from
the
instances
I
have
already
given
,
that
whatsoever
the
Synod
,
or
Council
were
,
in
which
the
affairs
of
the
Church
were
transacted
,
they
depended
intirely
upon
the
Princes
Authority
:
Who
,
for
the
most
part
,
determined
what
was
needfull
concerning
them
,
in
the
great
Councils
of
their
Realms
;
and
when
they
did
not
,
●et
still
kept
the
management
,
even
of
their
Ecclesiastical
Convocations
,
in
their
own
hands
;
And
suffer'd
them
not
either
to
meet
,
act
,
or
establish
any
thing
,
but
according
to
their
good
Pleasure
.
II
PERIOD
.
From
the
Coming
in
of
William
the
First
,
to
the
23d
.
of
Edward
the
First
.
Hitherto
our
Princes
maintain'd
their
Royal
Sovereignty
gave
them
,
over
their
Clergy
.
But
now
the
Papal
Power
began
to
shew
its
self
,
and
to
usurp
upon
their
Prerogatives
:
And
among
other
Instances
in
which
it
did
so
,
this
before
us
was
not
the
least
;
till
at
last
it
grew
up
to
that
monstrous
Pitch
in
which
we
shall
find
it
,
about
the
latter
end
of
this
Period
:
When
the
King
was
become
of
little
value
to
his
Synods
;
which
were
wholly
subject
to
the
Popes
direction
;
and
depended
upon
the
Will
either
of
his
extraordinary
Legats
,
or
of
the
Archbishop
of
Canterbury
,
to
whose
See
a
kind
of
perpetual
Legantine
Power
,
and
Authority
,
was
in
the
end
annex'd
by
him
.
I
should
depart
too
much
from
my
present
subject
,
should
I
look
abroad
,
and
consider
by
what
steps
these
Encroachments
were
carried
on
,
to
the
prejudice
of
the
civil
Power
;
and
against
which
,
no
Princes
either
asserted
their
Authority
with
greater
Vigour
,
or
took
more
care
to
recover
it
,
when
lost
by
them
,
than
Ours
did
.
It
shall
suffice
,
as
a
Preparatory
to
what
we
shall
hereafter
meet
with
,
barely
to
point
out
to
you
the
Artifices
that
were
made
use
of
in
order
to
this
end
;
and
to
shew
by
what
secret
,
and
almost
indiscernible
,
Workings
,
they
first
began
to
restrain
,
and
at
last
utterly
destroy'd
the
Rights
of
Princes
,
in
the
point
before
us
.
And
first
,
having
either
sent
their
Pope's
Commissioner
,
advised
the
doing
of
it
.
Thus
Boniface
began
the
Carloman
,
Anno
745.
He
assisted
,
as
Pope
Zachary's
Legat
,
in
the
third
Council
of
Germany
,
in
which
Gervitio
,
Bishop
of
Mentz
,
was
deposed
,
and
the
said
Boniface
put
in
his
place
.
And
this
Council
,
as
the
Acts
of
it
speak
,
was
held
Carlomanno
jubente
,
&
Bonifacio
consulente
.
The
Prince
commanded
,
the
Legat
advised
it
to
be
held
.
But
much
greater
was
the
advance
which
Pope
John
the
VIII
.
made
in
the
time
of
Charles
the
Bald
,
Anno
876.
For
now
the
Pope
call'd
the
Synod
,
and
all
the
Emperour
had
to
do
,
was
to
require
the
Pope's
Summons
to
be
obey'd
.
So
the
Acts
of
the
Synod
of
Pontigon
shew
;
where
we
read
,
That
Holy
Synod
was
gathered
together
in
the
name
of
the
Lord
,
by
the
calling
of
John
the
most
Blessed
,
and
Universal
Pope
;
and
at
the
Command
of
Charles
the
Emperour
.
And
in
the
Acts
of
it
,
among
other
things
that
were
determined
by
it
,
we
find
this
Canon
to
our
present
purpose
;
That
,
As
Connivance
,
Consent
,
and
Joynt-determination
of
the
Emperour
,
resolved
to
establish
Ansegisus
,
Archbishop
of
Sens
,
to
be
his
Legat
;
and
had
bestow'd
upon
him
the
Primacy
of
France
and
Germany
,
in
calling
of
Synods
,
and
Canonically
defining
such
things
as
were
necessary
;
so
did
the
Fathers
of
the
Synod
agree
to
it
,
and
in
like
manner
determine
and
establish
.
I
might
take
notice
of
many
things
determined
in
this
Decree
,
in
manifest
Derogation
of
the
Emperour's
Authority
.
But
I
shall
content
my self
to
observe
,
how
by
this
time
the
Pope
,
in
those
parts
,
had
got
the
power
of
Calling
Synods
wholly
into
his
Hands
;
and
either
himself
expresly
did
it
,
or
else
gave
Commission
to
some
other
,
to
do
it
in
his
Name
,
and
by
vertue
of
his
Authority
.
'T
is
true
,
the
Emperour
consented
to
what
was
done
in
the
present
case
;
but
that
was
only
to
allow
that
particular
Person
,
(
one
of
his
own
Subjects
)
to
take
upon
him
the
Character
of
the
Pope's
Legat
;
not
to
enable
the
Pope
to
grant
such
a
power
,
which
he
now
assumed
to
himself
a
right
to
do
.
And
accordingly
in
the
second
Synod
own
Authority
:
Made
what
Canons
he
thought
needful
for
those
times
,
and
publish'd
them
in
the
Council
;
and
the
Council
had
the
honour
to
approve
,
and
receive
them
from
him
.
But
as
Encroachments
of
this
nature
Pope
Formosus
soon
carried
the
Usurpation
yet
farther
.
He
assembled
,
by
his
Legat
,
the
Council
of
Vien
,
the
Metropolis
of
France
;
and
the
Bishops
met
at
his
Command
.
And
Nor
did
the
Pope
only
,
by
his
Legats
,
call
such
Synods
and
assist
at
them
;
but
even
when
the
King
himself
was
present
,
the
Legat
now
began
to
preside
over
them
:
and
to
draw
even
matters
of
a
civil
Nature
before
him
,
and
judge
of
them
.
So
the
Synod
of
Engelsheim
under
To
such
a
Slavery
had
the
Pope
brought
the
Christian
World
,
about
the
beginning
of
the
Period
I
am
now
entring
upon
.
He
call'd
Synods
;
He
presided
over
them
;
He
sent
what
Canons
he
pleas'd
to
be
confirm'd
by
them
,
and
required
their
Consent
to
them
:
And
lastly
,
He
drew
not
only
Ecclesiastical
Affairs
under
their
Cognizance
;
but
judg'd
of
the
Affairs
of
Princes
in
them
,
and
the
differences
that
arose
among
them
,
concerning
their
civil
Authority
and
Jurisdiction
.
But
to
none
of
these
Invasions
would
the
Conquerour
ever
submit
;
but
,
on
the
Saxon
Princes
:
and
tho'
upon
occasion
,
he
made
use
of
the
Pope's
Authority
to
serve
his
own
turn
,
against
Stigand
Archbishop
of
Canterbury
;
yet
that
being
done
,
he
quickly
put
a
stop
to
his
Jurisdiction
;
and
suffer'd
him
not
to
meddle
in
any
Matters
,
but
where
it
was
for
his
interest
to
allow
of
it
.
We
are
told
by
one
,
than
whom
no
Ecclesiastical
Causes
,
without
Leave
and
Authority
first
had
from
him
,
to
empower
them
so
to
do
.
And
the
same
was
the
Resolution
of
his
Sons
after
him
:
And
tho'
being
necessitated
for
the
sake
of
their
civil
Interests
,
to
yield
a
little
,
some
of
our
following
Princes
did
submit
to
the
Papal
Usurpations
;
yet
no
sooner
was
their
Government
grown
strong
,
and
their
Peace
setled
,
but
both
our
Kings
and
our
great
Men
,
presently
began
to
assert
their
Freedom
;
and
to
cast
off
those
Chains
,
which
the
Pope
had
watch'd
his
Opportunity
to
put
upon
them
.
So
that
now
then
,
to
give
a
short
account
In
the
great
Council
of
the
Realm
;
(
and
which
tho'
alter'd
,
in
some
circumstances
,
by
the
Conquerour
from
what
it
was
before
,
yet
still
continu'd
,
in
the
main
,
the
same
:
)
as
the
Bishops
,
and
most
considerable
of
the
Abbots
,
had
a
place
;
so
now
,
as
heretofore
,
Ecclesiastical
,
as
well
as
civil
Causes
,
were
handled
by
them
;
and
Laws
pass'd
for
the
Government
of
the
Church
,
no
less
than
of
the
State
.
In
the
other
,
and
more
select
Councils
of
our
Kings
,
which
in
this
Period
were
held
,
sometimes
at
the
great
Feasts
,
and
sometimes
at
such
other
Seasons
,
as
our
Princes
thought
sit
;
(
and
to
which
they
took
such
of
their
great
Men
only
,
both
Ecclesiastical
and
Secular
,
as
themselves
thought
sit
)
many
Affairs
of
the
Church
〈…〉
yng
.
Method
of
Parliaments
,
p
51.
were
also
debated
;
tho'
not
with
such
Authority
,
as
in
the
other
,
more
general
Councils
.
Besides
these
Assemblies
,
as
from
the
beginning
of
this
Period
,
Ecclesiastical
Synods
did
often
meet
;
so
in
them
were
the
rest
of
those
Matters
transacted
,
which
appertain'd
to
the
Church
.
But
then
these
,
as
they
met
not
without
the
King's
Licence
,
so
neither
did
they
determine
any
thing
but
by
his
Consent
;
nor
were
their
Acts
of
any
Authority
until
they
were
confirm'd
by
him
.
This
was
the
State
of
the
Church
,
in
the
beginning
of
this
Period
;
whilst
it
,
as
yet
,
stood
free
,
from
the
Usurpations
of
the
Bishop
of
Rome
.
How
it
came
to
be
enslaved
afterwards
,
will
better
appear
,
from
that
particular
view
,
we
are
now
to
take
,
of
those
Councils
,
in
which
any
thing
,
of
greater
Moment
,
relating
to
the
Church
,
has
been
concluded
.
I
have
before
observed
,
how
our
great
Solemnity
,
to
keep
the
three
chief
Festivals
of
the
Year
,
and
to
be
attended
by
their
Bishops
and
Lords
at
them
.
At
one
of
these
Seasons
,
presently
after
he
was
setled
in
the
Government
,
the
Conquerour
commanded
a
Synod
to
be
held
;
and
Pope's
Au
〈…〉
rity
,
and
the
Presence
of
his
Legats
,
to
strengthen
what
he
had
to
do
in
it
.
Having
thus
assembled
the
Bishops
apart
,
Ecclesiastical
Council
,
he
proceeded
not
only
to
deprive
Stigand
,
Archbishop
of
Canterbury
,
(
who
in
some
measure
deserved
it
,
)
but
several
others
of
the
Clergy
;
for
no
other
real
reason
,
but
only
that
he
did
not
love
them
,
or
else
wanted
to
have
his
Normans
in
their
places
.
And
having
thus
proceeded
,
as
far
as
he
thought
good
,
in
this
Council
;
he
stopt
still
the
next
solemn
Festival
:
And
then
in
another
Synod
of
the
same
kind
,
and
assembled
by
the
same
Authority
,
he
went
on
to
farther
Deprivations
;
after
the
like
manner
as
he
had
done
before
.
It
was
at
a
like
meeting
of
his
Bishops
great
Council
into
an
Ecclesiastical
Synod
,
he
determined
the
Primacy
of
the
Archbishop
of
Canterbury
,
over
the
Archbishop
of
York
;
and
subscribed
his
Name
to
the
Acts
of
it
.
What
that
Synod
was
which
Lanfrank
,
sometime
after
,
held
at
Westminster
,
we
are
not
told
.
This
we
are
inform'd
,
that
it
was
call'd
by
the
King's
Command
;
and
that
he
was
present
at
this
,
as
he
had
been
at
the
other
two
.
Whether
this
were
the
same
Council
which
we
find
recorded
by
Malmsbury
,
in
the
life
of
Lanfranc
;
or
whether
there
was
another
assembled
the
same
year
,
I
cannot
tell
.
But
that
a
Synod
was
held
about
this
time
at
London
,
we
are
Ecclesiastical
Discipline
of
the
Church
.
And
because
this
had
not
sufficiently
determined
what
was
necessary
to
be
done
;
the
next
Year
after
,
he
held
another
at
Winchester
,
These
are
the
chief
of
those
Ecclesiastical
Synods
,
that
,
we
are
told
,
were
assembled
under
K.
William
the
Conquerour
.
And
the
last
of
which
,
however
said
to
have
been
call'd
by
Lanfranc
,
who
also
presided
in
them
;
yet
still
we
must
remember
what
we
have
before
,
in
general
,
observed
of
this
King
,
that
the
Archbishop
call'd
them
by
his
Command
:
Who
also
approved
their
Acts
,
before
he
suffer'd
them
to
have
any
Authority
in
this
Realm
.
For
the
farther
Confirmation
of
which
new
Dominions
.
And
here
we
find
that
at
Whitsontide
,
Anno
1086
he
assembled
his
Parliament
at
Roan
.
The
Members
who
composed
it
were
the
same
that
,
in
those
days
,
made
up
ours
:
There
were
present
,
the
Archbishop
,
Bishops
,
and
Abbots
of
his
Territories
;
and
with
them
the
great
Lords
of
the
Laity
.
Being
met
,
they
Provincial
Synod
,
with
his
Bishops
and
Clergy
,
purely
to
consult
of
the
Affairs
of
the
Church
;
and
several
Canons
were
compiled
by
them
:
the
Acts
of
it
observe
that
the
Conquerour
Such
was
the
Authority
which
this
Prince
exercised
over
his
Synods
:
As
Anselm
,
Archbishop
of
To
employ
his
Authority
to
the
restoring
of
Christianity
,
almost
utterly
defaced
in
his
Realm
:
He
ask'd
him
,
What
he
would
have
him
do
?
Command
,
says
Anselm
,
Councils
to
be
renew'd
,
according
to
ancient
Custom
.
There
let
it
be
enquired
what
has
been
done
a
miss
;
and
let
a
seasonable
Provision
be
made
for
the
remedying
of
it
.
There
has
not
been
held
a
general
Council
of
Bishops
,
since
you
came
to
the
Crown
;
nor
for
some
time
before
.
Through
this
defect
many
Enormities
have
broke
out
;
and
there
being
none
to
suppress
them
,
they
have
,
by
an
evil
Custom
,
grown
to
too
great
a
Height
.
To
which
the
King
answer'd
,
Of
this
I
will
determine
when
I
see
fit
;
and
that
at
my
own
Pleasure
,
not
at
yours
.
And
he
kept
his
word
with
him
:
For
Ecclesiastical
Synod
held
in
England
.
But
what
this
King
deny'd
,
the
next
Michaelmas
,
Anno
1102
,
Peter's
Church
,
near
London
.
At
this
Synod
,
not
only
the
King
,
but
all
his
Nobles
were
present
:
The
Archbishop
desiring
they
might
be
fully
satisfied
in
the
Orders
which
should
be
made
;
to
the
end
they
might
the
more
readily
afterwards
concurr
,
with
the
Bishops
,
in
the
enforcement
It
was
a
long
time
after
this
,
before
any
other
Ecclesiastical
Synod
was
held
in
this
Country
;
but
then
there
met
one
of
an
extraordinary
Nature
,
and
which
I
must
take
particular
notice
of
;
because
that
in
it
was
made
,
the
first
considerable
Invasion
,
upon
the
Princes
Authority
,
as
to
this
matter
,
in
these
parts
.
Pope
Honorius
having
appointed
Jo.
de
Crema
to
go
,
as
his
Legat
,
into
England
;
King's
Permission
to
come
over
hither
.
Being
arrived
here
,
he
assembled
a
National
Council
by
his
Legatine
Authority
,
Anno
1125.
And
the
method
He
took
of
doing
of
it
,
is
worth
our
Notice
:
It
being
the
first
Instance
we
have
,
of
any
thing
of
this
nature
that
was
Attempted
here
.
The
Legate
,
assuming
to
Himself
the
King's
Prerogative
,
commands
the
Archbishop
of
Canterbury
,
to
Issue
out
his
Writ
for
the
Calling
of
it
.
This
the
Archbishop
was
forced
to
submit
to
;
yet
being
Own
Authority
,
as
well
as
He
could
,
He
drew
up
the
Writ
in
these
Words
.
William
,
&c.
Archbishop
of
Cant.
to
Urban
,
Bishop
of
Landaff
,
Health
.
I
signifie
to
you
by
this
Letter
,
that
John
,
Cardinal
Priest
,
and
Legat
of
the
Roman
Church
,
has
,
by
Our
Order
and
Connivance
,
design'd
to
Hold
a
Council
at
London
,
the
day
of
the
Blessed
Virgin
's
Nativity
.
Wherefore
I
Command
you
,
that
at
the
Time
,
and
Place
,
prefix'd
,
you
fail
not
to
meet
us
,
with
the
Arch-deacons
,
Abbots
,
and
Priors
of
your
Diocess
;
to
Determine
concerning
Certain
Ecclesiastical
Affairs
,
and
to
Reform
or
Correct
,
what
the
Sentence
of
Our
said
Convocation
shall
agree
,
is
to
be
Reformed
or
Corrected
.
The
Council
being
thus
Assembled
,
the
Legate
presided
in
it
:
He
sate
not
only
above
the
Archbishop
and
Bishops
,
but
above
all
the
Nobility
of
England
,
who
came
thither
.
By
this
Pride
of
his
,
he
raised
the
Indignation
of
the
whole
Realm
against
Him
:
And
being
caught
in
Bed
with
a
Whore
at
Night
,
after
having
bitterly
inveighed
against
the
Marriage
of
the
Clergy
the
day
before
;
He
was
forced
to
leave
the
Kingdom
,
in
a
very
dishonourable
Manner
.
But
tho'
the
Archbishop
therefore
did
what
he
could
to
assert
his
Authority
;
his
See
,
and
the
Privileges
of
his
Country
,
(
and
,
in
both
which
,
our
Nobility
would
certainly
have
stood
by
Him
,
)
He
applied
to
Rome
for
a
Legatine
own
Dignity
,
under
a
greater
Servitude
.
Being
return'd
from
Rome
with
his
New
Character
,
Anno
1127.
He
,
the
same
Year
,
held
a
Council
,
not
as
Archbishop
,
but
as
the
Pope's
Legate
;
the
first
of
the
Kind
that
ever
any
Archbishop
held
in
England
:
To
this
was
gather'd
,
besides
the
Bishops
,
a
great
Croud
,
both
of
the
Clergy
,
and
of
the
Laity
.
But
these
were
spectators
only
;
the
Bishops
alone
Voted
in
it
:
And
all
But
tho'
the
Clergy
,
by
this
means
,
Thrifty
,
disposition
.
For
about
three
years
after
,
having
Observed
how
little
the
Decrees
of
the
late
Councils
had
prevailed
,
to
Oblige
the
Clergy
to
Abandon
their
Wives
;
in
another
Council
held
at
London
,
August
the
1st
.
1129.
He
persuaded
the
Bishops
to
leave
the
Ordering
of
that
matter
to
Himself
.
Which
being
done
,
He
exacted
vast
Summs
of
Money
from
the
Married
Priests
;
and
instead
of
forcing
them
to
leave
their
Wives
,
gave
license
to
such
as
would
pay
for
it
,
to
live
on
freely
with
Them
.
King
Henry
being
dead
,
it
cannot
be
wondred
if
the
Invasions
,
begun
to
be
Prince's
Rights
towards
the
latter
end
of
his
Reign
,
were
not
only
continued
,
but
encreased
,
under
K.
Stephen
.
He
,
who
sounded
One
part
Papal
Authority
;
could
hardly
be
supposed
capable
of
denying
the
Pope
the
same
Power
,
which
his
Predecessors
had
allow'd
to
Him
:
And
for
the
Opposing
whereof
,
he
had
himself
so
weak
a
foundation
.
Three
Synods
we
meet
with
,
during
the
Reign
of
this
King
,
and
Every
One
held
by
the
Legatine
Power
.
The
first
was
in
the
Year
1138
:
It
was
call'd
by
Albericus
Bishop
of
Ostia
;
and
all
the
favour
which
was
allow'd
the
King
,
was
,
That
He
was
present
at
it
,
and
help'd
to
Theobaldus
,
Archbishop
of
Canterbury
,
in
it
.
But
much
less
was
his
interest
in
the
Legatine
Authority
of
his
Brother
,
the
Bishop
of
that
See
;
but
was
assembled
on
purpose
to
Animate
the
Clergy
against
him
,
and
to
prepare
the
way
for
Maude
the
Empress
to
overthrow
Him
.
But
the
fortune
of
the
King
prevail'd
:
And
about
the
End
of
the
same
Year
,
in
another
Synod
,
of
the
Thus
pass'd
these
Affairs
in
this
troublesome
King
Henry
the
First
,
got
new
strength
;
and
began
now
to
plead
prescription
in
its
favour
.
But
now
the
Civil
State
being
a
little
more
Quiet
,
the
King
was
thereby
in
a
better
condition
to
Assert
his
ancient
Rights
.
And
accordingly
being
inform'd
that
some
Civil
Power
.
By
whose
Authority
the
next
Convention
After
the
death
of
Becket
,
Richard
Archbishop
of
Canterbury
,
held
a
Provincial
Council
.
At
this
the
two
Kings
,
both
Good
Will
;
And
the
King
,
with
his
Lords
,
confirm'd
the
Decrees
of
it
.
How
these
matters
flood
in
the
next
Reign
,
it
will
not
be
very
easie
to
say
:
Holy
Land
;
and
by
the
means
whereof
,
the
Affairs
of
the
Kingdom
suffered
not
a
little
at
Home
.
Yet
Baldwyn
the
Archbishop
,
Provincial
Synod
,
to
settle
the
State
of
the
Church
;
and
to
take
such
care
,
as
he
thought
needfull
,
to
secure
the
Liberties
of
his
See
.
It
was
not
long
after
,
that
William
Lord
Justice
of
the
Kingdom
,
in
Richard's
Absence
,
and
of
the
Pope's
Legate
;
as
we
cannot
tell
by
which
Authority
He
called
it
,
so
neither
can
it
be
doubted
but
that
between
Both
,
he
had
a
sufficient
Authority
so
to
do
.
And
the
same
was
the
Case
of
Hubert
Thus
stood
the
Affairs
of
our
Convocations
Prince's
Right
;
and
,
at
last
,
rais'd
up
his
Authority
to
the
highest
pitch
,
that
ever
it
arrived
at
in
this
Kingdom
.
The
King
being
absent
upon
his
Affairs
Legatine
Power
;
by
Vertue
thereof
,
call'd
a
Synod
to
Westminster
,
Anno
1200
:
And
tho'
forbidden
by
Geoffry
Earl
of
Essex
,
whom
the
King
had
left
as
Lord
Justice
of
England
,
during
his
Absence
,
yet
nevertheless
went
on
with
it
,
and
made
several
Constitutions
in
it
.
It
was
about
six
years
after
,
that
Jo.
From
henceforth
all
things
began
to
run
into
Confusion
:
The
King
Obstinately
opposing
the
admission
of
Stephen
Langton
to
the
See
of
Canterbury
;
and
the
Pope
,
thereupon
,
putting
the
Kingdom
under
an
Interdict
,
and
at
last
Excommunicating
the
King
himself
.
But
it
was
not
long
,
before
the
Pope
,
and
the
King
,
came
to
an
Agreement
;
dishonourable
to
Himself
,
and
derogatory
to
the
Rights
both
of
the
Crown
and
Kingdom
:
Insomuch
that
Stephen
himself
Opposed
it
,
and
joyn'd
himself
to
the
Barons
,
against
both
Pope
and
King
,
in
defence
of
his
Countries
Liberties
.
It
was
upon
this
new
Agreement
between
the
King
and
Pope
,
that
John
doing
what
He
would
with
the
Preferments
of
the
Church
,
the
Archbishop
held
a
Council
at
Dunstable
,
Anno
1214
:
solemn
Council
to
be
held
at
St.
Paul's
,
London
,
and
there
Released
the
Realm
from
its
Interdict
,
and
Restored
the
King
to
his
Royal
Authority
.
And
here
we
must
put
an
End
to
Governour
,
King
Kenry
the
3d.
soon
brought
things
into
a
better
posture
in
the
State
;
yet
still
the
Usurpations
were
maintain'd
in
the
Church
;
and
the
Archbishop
,
as
Legate
,
continued
to
Summon
the
Clergy
to
his
Synod
.
So
did
Stephen
Langton
,
Anno
1222
:
In
which
He
held
his
famous
About
four
years
after
,
Otto
the
Legate
coming
hither
,
to
enlarge
the
Pope's
Revenues
,
before
too
great
in
this
Kingdom
;
held
a
Council
at
Westminster
the
King's
Prerogative
;
when
they
needed
it
to
guard
them
against
the
Encroachments
of
the
Pope
!
And
so
little
do
Men
value
how
differently
they
behave
themselves
,
when
their
interests
lead
them
to
shift
their
Party
,
and
their
Opinions
!
But
tho'
the
King
now
joyn'd
with
Legantine
Council
at
St.
Paul's
,
London
,
in
the
Octaves
of
by
their
Suffrage
and
Consent
,
they
might
be
establish'd
,
for
the
Reformation
of
the
State
of
the
Church
of
England
.
I
insist
not
upon
the
two
fresh
Attempts
,
that
were
made
by
this
Legate
upon
the
Clergy
,
for
Money
;
and
in
Both
which
He
was
constantly
refused
by
Them
:
As
was
also
Rustandus
,
who
succeeded
another
Synod
,
to
fleece
the
Clergy
for
the
Pope's
Advantage
.
About
three
years
after
,
Boniface
Upon
another
Legate's
being
sent
hither
,
But
most
famous
in
these
times
,
as
of
chiefest
Authority
afterwards
,
was
the
Council
Assembled
by
Ottobon
another
Legate
,
about
the
Year
1268.
He
had
whole
Kingdom
;
and
therein
publish'd
those
Notable
Constitutions
,
we
still
have
under
his
Name
.
It
was
now
become
a
matter
of
Custom
,
Great
King
,
who
otherwise
was
sensible
enough
of
the
Encroachments
that
had
been
made
,
and
were
daily
making
upon
the
Royal
Authority
;
to
have
been
at
all
Offended
at
it
.
Hence
Peckham
,
the
Archbishop
,
being
return'd
from
Rome
,
Anno
1280
,
the
same
About
ten
years
after
,
the
same
Peckham
again
held
another
Synod
,
at
Redding
:
And
thus
have
we
seen
what
Encroachments
were
made
,
towards
the
End
of
this
Period
,
upon
the
Prince's
Authority
,
in
the
Subject
before
Us.
There
were
,
within
this
Period
,
(
as
all
along
after
,
)
besides
these
National
and
Provincial
Councils
;
several
Episcopal
,
or
Diocesan
Synods
Assembled
,
for
the
Affairs
of
that
particular
Diocess
in
which
they
were
held
:
and
some
Rules
were
made
by
Them
,
to
be
observed
by
the
Clergy
of
that
District
only
.
Such
were
the
Constitutions
of
Alexander
,
Bishop
of
Coventry
,
Walter
,
Bishop
of
Worcester
,
made
in
his
Synod
at
Worcester
,
Anno
1240
:
Of
Walter
,
Bishop
of
Norwich
,
made
in
his
Synod
at
Norwich
,
Munday
after
Michaelmas
,
Anno
1255
:
Of
Giles
,
Bishop
of
Salisbury
,
But
tho'
the
Affairs
of
the
Church
Ecclesiastical
Synods
;
yet
this
did
not
hinder
,
but
that
still
Our
Kings
,
with
their
Great
Councils
,
did
from
time
to
time
interpose
in
these
Matters
;
and
order
many
things
relating
to
Ecclesiastical
Persons
,
and
Causes
.
When
Wulstan
,
Bishop
of
Worcester
,
Archbishop
,
Bishops
,
Lords
,
and
Great
Men
being
present
.
This
was
manifestly
a
State
Assembly
;
and
by
these
was
the
Right
between
the
two
Bishops
examined
,
and
determined
.
But
more
properly
Ecclesiastical
was
pay
obedience
to
the
Pope
.
And
it
is
observable
,
that
the
referring
of
this
cause
to
the
Judgment
of
the
Parliament
,
was
at
Anselm's
own
desire
;
who
cannot
be
suspected
of
doing
any
thing
that
he
thought
,
in
the
least
,
inconsistent
with
the
Liberties
of
the
Church
.
The
next
great
Controversie
that
arose
of
this
kind
,
was
in
the
second
〈…〉ng
Hen
〈…〉
I.
Year
of
King
Henry
the
First
,
about
the
Right
of
Investitures
.
This
was
a
point
much
debated
in
those
times
,
not
only
here
,
[
*
](A66113-e77980-b)
*
Eadmer
.
p.
100.
Petr.
Bles.
p.
128.
Malms
.
fol.
94.
Hoveden
.
fol.
272.
Knyghton
col.
2372.
Mat.
Paris
.
pag.
65.
Mat.
West
.
Anno
1112.
but
in
most
of
the
Countries
of
Europe
.
[
†
](A66113-e78010-b)
†
Vid.
Mat.
Paris
.
p.
56
,
58
,
59
,
60
,
63.
Mat.
West
.
An.
1102
,
1104.
Malms
.
fol.
128.
〈◊〉
.
To
this
the
King
laid
a
claim
,
and
accounted
himself
to
have
as
good
a
Title
to
it
,
as
his
Father
,
and
Brother
before
him
had
.
Upon
this
occasion
the
Quarrel
grew
so
high
between
the
King
and
Anselm
,
that
the
latter
was
,
once
more
,
forced
to
leave
the
Kingdom
.
But
the
cause
was
at
last
brought
before
the
Parliament
;
and
there
it
was
,
by
mutual
Consent
,
Pastoral
Staff
or
Ring
;
but
yet
,
upon
such
a
promotion
,
they
should
do
Homage
to
the
King
for
it
;
which
was
the
other
thing
that
Pope
Urban
had
before
insisted
upon
,
as
much
as
upon
the
point
of
Investitute
its
self
.
This
matter
was
scarce
ended
,
when
Clerical
Order
,
to
cohabit
with
their
Wives
.
There
was
yet
a
third
great
Controversie
And
when
,
some
time
after
this
,
Thurstine
,
No
sooner
was
this
King
dead
,
and
Stephen
placed
in
his
Throne
;
but
,
in
In
his
Parliament
at
Northampton
,
two
years
after
,
he
disposed
of
several
Ecclesiastical
Preferments
:
And
that
this
was
the
customary
manner
of
those
times
,
may
be
gathered
from
the
last
Parliament
of
this
King
;
Which
was
call'd
How
far
the
Parliament
still
continued
Ecclesiastical
Affairs
,
under
the
next
King's
Reign
;
the
Controversie
of
that
Prince
with
Becket
his
Archbishop
,
may
alone
suffice
to
shew
.
When
being
angry
with
the
Archbishop
for
Excommunicating
one
who
held
of
him
,
and
did
him
service
,
without
first
obtaining
his
leave
so
to
do
;
he
,
in
his
Parliment
at
Westminster
,
proposed
to
the
Bishops
,
that
they
should
promise
to
observe
the
Ancient
Laws
of
the
Realm
.
This
they
refused
to
do
,
but
with
a
Proviso
put
in
to
secure
their
own
Liberties
.
The
King
resenting
this
,
the
Archbishop
and
Bishops
,
in
a
great
Council
at
Oxford
,
promised
,
that
they
would
submit
to
what
he
required
of
them
.
But
when
he
thereupon
,
held
his
Parliament
at
Clarendon
,
and
the
particular
points
which
they
were
to
yield
to
,
were
proposed
to
them
;
Becket
,
tho'
he
had
at
first
sworn
to
observe
them
,
yet
afterwards
flew
off
from
it
;
and
never
left
,
till
he
at
last
lost
his
Life
,
in
an
obstinate
Opposition
of
the
King's
Prerogative
.
From
this
time
the
power
both
of
the
King
John
,
sinking
their
Authority
still
lower
;
the
Efforts
which
were
made
by
the
Laity
against
it
,
were
,
for
some
time
,
but
very
seeble
:
Nor
could
the
Parliament
sufficiently
vindicate
its
Power
,
against
the
Encroachments
that
were
daily
made
upon
the
Civil
Jurisdiction
.
But
however
,
both
our
Kings
,
and
our
Parliaments
,
began
by
degrees
to
recover
their
Authority
,
and
to
return
to
their
former
strength
;
tho'
indeed
it
was
not
till
about
the
End
of
this
Period
,
that
they
did
so
.
And
how
far
they
then
extended
their
Power
both
over
Ecclesiastical
Persons
,
and
in
regulating
of
Ecclesiastical
Matters
;
their
Acts
still
remaining
,
and
many
of
them
still
in
force
too
,
sufficiently
shew
:
and
III
PERIOD
.
From
the
23d
.
of
King
Edward
the
First
,
to
the
25th
.
of
King
Henry
the
Eighth
.
In
the
last
Period
,
we
met
with
a
considerable
Change
,
by
the
Usurpation
Ecclesiastical
Supremacy
.
We
are
now
to
account
for
no
less
a
change
in
the
Civil
State
:
If
the
opinion
of
those
may
be
admitted
,
who
here
fix
the
first
Settlement
of
our
Parliament
,
upon
that
lasting
and
excellent
Foundation
,
upon
which
it
has
ever
since
stood
;
and
upon
which
,
it
is
to
be
hoped
,
it
shall
ever
continue
to
stand
.
That
our
Kings
,
from
the
beginning
,
had
their
great
Councils
,
and
which
,
tho'
not
yet
call'd
by
that
Name
,
were
nevertheless
instead
of
a
Parliament
to
them
;
has
before
been
observed
,
and
cannot
be
deny'd
,
or
doubted
of
by
any
.
To
these
the
most
eminent
Persons
of
the
Kingdom
,
as
well
Clergy
,
as
Laity
,
were
wont
to
be
called
;
before
the
time
of
the
Norman
Conquest
.
And
when
,
by
occasion
thereof
,
the
Conquerour
made
a
change
in
the
Tenures
of
Lands
in
this
Country
;
from
thenceforth
all
the
great
Men
,
and
Clergy
,
who
held
of
him
by
Baronies
,
and
ow'd
him
Service
thereby
,
were
summon'd
by
him
to
his
great
Councils
:
And
with
these
,
all
such
others
as
held
of
him
in
capite
,
were
obliged
to
attend
at
them
,
whensoever
their
Presence
should
be
required
;
and
that
was
,
for
the
most
part
,
as
often
as
the
Prince
wanted
Money
,
and
expected
a
supply
from
them
.
Thus
much
the
Instit
p.
8.
Charter
of
King
John
implies
;
and
this
seems
to
have
been
the
true
Constitution
of
our
Parliament
,
till
about
the
latter
end
of
King
Henry
the
Third's
time
.
How
a
change
was
then
made
,
and
what
occasion
was
taken
for
the
making
p.
9.
Brady's
Introd.
p.
140.
Year
of
that
King
the
Commons
were
summon'd
by
Writ
to
come
to
Parliament
,
is
confess'd
by
those
who
deny
that
they
ever
had
any
place
in
it
before
.
Whether
they
,
from
thenceforth
,
continued
to
be
constantly
called
to
these
Councils
;
or
whether
there
was
an
Interruption
in
this
new
Establishment
,
from
that
time
,
till
about
the
18th
.
of
King
Edward
the
First
;
as
it
is
hard
to
determine
,
so
is
it
not
very
material
to
my
present
business
to
enquire
.
That
which
we
are
sure
of
is
,
that
in
the
But
tho'
it
be
therefore
confess'd
that
full
Settlement
,
of
our
present
most
wise
,
and
admirable
Constitution
.
And
as
this
is
the
Change
which
seems
Inferiour
Clergy
were
also
call'd
together
with
them
;
and
that
,
for
ought
appears
,
in
a
larger
Proportion
than
Inferiour
Clergy
were
put
upon
the
very
same
foot
,
that
the
Commons
were
,
in
it
.
And
as
with
respect
to
the
one
,
a
Writ
was
issued
out
to
the
Sheriff
of
each
County
,
to
return
such
a
certain
number
of
Knights
,
Citizens
,
and
Burgesses
;
so
with
relation
to
the
other
,
a
Clause
was
inserted
into
the
Writ
of
the
Bishop
of
every
Diocese
;
p.
17.
Brady's
Introd.
p.
150.
See
the
Append
.
below
.
to
send
the
Dean
of
his
Cathedral
,
and
his
Archdeacons
in
person
;
and
out
of
the
Chapter
,
and
Archdeaconries
,
to
chuse
such
a
number
of
Proctors
,
as
was
thought
sufficient
to
represent
the
Clergy
,
of
each
Diocess
,
in
it
.
'T
is
true
,
we
are
told
,
that
in
some
few
Writs
,
at
the
beginning
,
this
Clause
general
Clause
was
omitted
,
particular
Writs
were
sent
to
several
of
the
Inferiour
Clergy
to
come
to
Parliament
;
so
the
same
Learned
Person
,
who
furnishes
us
with
this
Remark
,
does
ingenuously
confess
;
that
after
a
diligent
search
of
our
Records
,
it
did
appear
to
him
,
that
these
Defects
were
soon
over
;
and
that
from
the
6th
.
of
Edw.
3.
the
Indeed
,
so
evident
is
the
truth
of
this
,
that
our
greatest
Lawyers
,
and
Antiquaries
,
do
not
deny
the
inferiour
Clergy
to
have
been
once
a
member
of
the
Parliament
.
My
Lord
Coke
has
told
us
,
Spiritual
Assistants
,
to
consider
,
consult
,
and
consent
:
Only
he
affirms
,
that
they
never
had
Voices
there
,
because
they
were
no
Lords
of
Parliament
;
the
force
of
which
Argument
I
shall
leave
to
the
House
of
Commons
to
answer
.
In
the
mean
time
,
I
must
observe
,
that
in
the
case
of
Bird
and
Smith
,
Trin.
4.
Jac.
1.
upon
a
Deprivation
made
of
Smith
,
by
the
High
Commissioners
,
for
not
Conforming
to
the
Canons
of
the
Church
;
the
Lord
Chancellour
having
call'd
Popham
,
Lord
Chief
Justice
of
the
King's
Bench
;
Coke
,
of
the
Common
Pleas
;
and
Fleming
,
Lord
Chief
Baron
,
to
his
assistance
;
it
was
agreed
to
by
all
the
three
,
without
any
Exception
;
That
Convocation
House
.
For
which
reason
also
,
a
Clergy-man
cannot
be
chosen
a
Member
of
the
House
of
Commons
,
nor
a
Lay-man
of
the
Convocation
;
as
Coke
then
declared
had
been
resolved
,
in
a
Conference
of
the
two
Houses
,
21
Hen.
8.
And
as
concerning
the
other
part
of
my
Lord
Coke's
Assertion
,
that
the
Proctors
great
Council
,
they
were
both
summon'd
to
another
purpose
,
and
in
words
that
did
expresly
intitle
them
to
act
in
it
.
In
the
23d
.
Edw.
1.
the
first
Summons
(
for
ought
appears
)
that
was
ever
regularly
issued
out
for
them
;
they
were
called
,
Ad
Tractand
.
Ordinand
.
&
Faciend.
nobiscum
,
&
cum
caeteris
praelatis
&
proceribus
,
&
aliis
incolis
Regni
nostri
.
In
the
4th
.
Edw.
3.
Ad
Faciend.
&
Consentiend
.
And
this
continued
to
be
the
usual
Form
afterwards
.
And
these
are
the
very
Words
that
were
used
in
the
Commons
Writs
in
the
same
Parliament
,
4
Edward
3
:
And
which
,
tho'
alter'd
about
the
26th
.
of
that
King
,
into
others
of
greater
force
,
Ad
Tractand
.
Consulend
.
&
Faciend.
Yet
that
Form
lasted
not
very
long
;
but
in
the
46
of
the
same
King
,
it
again
was
worded
,
Ad
Faciend.
&
Consulend
.
and
so
has
continued
to
this
day
.
And
a
more
ancient
Authority
than
this
,
in
my
Lord
Coke's
Account
,
has
told
Ad
Tractand
.
&
Deliberand
:
That
their
names
were
call'd
over
the
beginning
of
every
Parliament
;
that
they
had
a
Voice
in
it
,
and
made
a
part
of
the
Commons
there
.
But
because
this
is
a
point
that
will
Parliamentary
Writs
,
in
the
Praemonentes
to
the
Bishop
,
does
alone
too
evidently
shew
.
In
the
6
Edw.
3.
after
the
Archbishop
of
Cant.
and
Bishop
of
London
had
declared
,
French
King
designing
an
Expedition
to
the
Holy
Land
,
had
desired
our
King
to
go
along
with
him
;
and
that
this
was
the
cause
of
calling
that
Parliament
:
Sir
Jeffery
le
Scroop
added
,
by
the
King's
Commandment
,
that
the
same
was
called
,
as
well
to
redress
the
Breach
of
the
Laws
,
and
Peace
;
as
for
the
King
's
going
to
the
Holy
Land
.
The
Bishops
answer'd
,
That
it
did
not
properly
appertain
to
them
to
counsel
in
matters
of
Peace
,
and
to
prescribe
for
the
punishment
of
Evils
:
And
so
together
,
with
the
Proctors
of
the
Clergy
,
they
went
apart
,
to
consult
about
the
Matters
proposed
to
them
.
In
the
13th
.
of
the
same
King
,
the
King
appointing
Commissioners
in
his
stead
In
the
18th
.
of
the
same
Edw.
3.
at
the
opening
of
the
Parliament
,
complaint
was
made
,
that
sundry
of
all
Estates
were
absent
;
whereat
the
King
did
no
less
muse
,
than
he
was
thereat
offended
.
Wherefore
he
charged
the
And
in
the
same
Session
,
the
Resolution
Triennial
Disme
;
and
the
Commons
two
fifteens
of
Counties
,
and
two
Dismes
of
Cities
and
Towns
.
It
was
the
usual
custom
of
the
Commons
,
in
those
days
,
to
begin
such
Bills
as
they
thought
necessary
to
have
pass'd
,
by
Petition
to
the
King
in
Parliament
.
Thus
they
did
in
this
Parliament
,
18
Edw.
3.
which
being
ended
,
the
Bishops
and
Clergy
exhibited
their
Petitions
also
,
being
in
number
seven
;
whereto
the
King
answer'd
,
and
the
same
comprized
,
in
the
Statute
for
the
Clergy
,
still
extant
.
In
the
Preamble
of
which
,
the
King
takes
Edw.
3.
Rastall
.
notice
of
the
Triennial
Disme
granted
to
him
by
the
Prelates
,
and
Procurators
of
the
Clergy
,
of
both
Provinces
.
In
the
1
Rich.
2.
we
again
find
the
Clergy
petitioning
in
like
manner
:
And
in
the
21st
.
of
the
same
King
,
the
Commons
,
by
Sir
John
Bussey
their
Speaker
,
pray
the
King
,
that
forasmuch
as
divers
Judgments
were
heretofore
undone
,
for
that
the
Clergy
were
not
present
,
therefore
they
pray'd
the
King
,
that
the
common
Proctor
,
with
sufficient
Authority
thereunto
.
And
the
Bishops
thereupon
appointed
Sir
Thomas
Piercie
their
Proctor
,
to
assent
in
the
name
of
the
Clergy
.
And
by
vertue
whereof
,
when
the
Parliament
took
a
new
Oath
to
the
Thomas
Piercie
,
as
Proctor
for
the
Clergy
,
was
sworn
to
the
same
.
And
when
,
in
the
same
Parliament
,
Sir
John
Bussey
offer'd
the
King
a
Subsidy
from
the
Commons
,
and
thereupon
desired
his
general
Pardon
;
the
Clergy
gave
the
like
power
to
Sir
William
●e
Scroop
of
Wilts
,
to
answer
for
them
,
that
they
late
did
to
Sir
Thomas
Piercie
.
And
when
finally
,
upon
the
advice
of
Sir
John
Bussey
,
the
Lords
were
required
again
to
swear
not
to
alter
any
thing
of
what
was
done
in
this
Parliament
;
not
only
the
Bishops
,
and
Temporal
Lords
did
so
;
but
sundry
of
the
Proctors
of
the
Clergy
,
and
most
of
the
Commons
,
by
holding
up
their
hands
,
affirm'd
that
they
would
do
the
same
.
Now
the
main
thing
done
in
this
Parliament
,
and
for
the
effectual
performance
whereof
,
they
were
so
solicitous
to
have
such
an
Authority
concurr
,
as
might
admit
of
no
exception
;
was
to
annul
the
Proceedings
of
the
Duke
of
Gloucester
and
his
Adherents
,
in
the
10th
.
and
11th
.
years
of
this
King
,
and
to
prevent
the
like
violence
for
the
time
to
come
.
And
in
the
Statutes
made
to
this
purpose
,
there
is
express
mention
therefore
made
,
of
the
Proctors
of
the
Clergy
consenting
thereunto
;
as
in
the
second
,
and
twelfth
Chapters
,
of
the
Acts
of
that
Parliament
,
may
mor●
fully
be
seen
.
And
tho'
in
other
places
they
are
not
particularly
mention'd
;
yet
since
those
who
allow
the
least
to
them
,
do
confess
,
that
their
assent
was
taken
to
what
was
done
;
we
must
conclude
,
that
they
are
comprehended
under
the
general
Name
of
the
Commons
,
even
when
they
are
not
expresly
distinguish'd
from
them
.
From
what
has
been
said
,
it
appears
,
that
the
Inferiour
Clergy
were
not
only
s
Abridg.
ib.
p
11
,
12.
Elsyng
.
p.
82
,
84.
of
some
,
who
have
been
very
well
vers'd
in
the
Antiquities
of
our
Country
,
that
,
at
first
,
the
two
Houses
not
only
met
in
the
painted
Chamber
,
at
the
opening
of
the
Parliament
;
and
at
such
other
times
as
the
King
came
to
it
;
but
ordinarily
sat
,
and
voted
,
together
.
But
as
those
who
assert
this
,
are
forced
to
confess
,
that
it
was
,
even
then
,
the
custom
of
the
several
Estates
to
retire
,
and
consult
by
themselves
,
of
any
difficult
matters
that
came
before
them
;
and
so
return
again
,
and
joyntly
deliver
their
Opinions
:
so
we
are
assured
,
that
they
had
,
very
early
,
their
several
places
to
meet
in
,
and
their
several
Speakers
too
,
to
manage
their
Debates
.
In
the
6th
.
Edw.
3.
the
Parliament
s
Abridg.
p.
11.
met
about
the
Affairs
of
Scotland
.
The
Bishops
and
Clergy
went
apart
by
themselves
;
the
Dukes
and
Barons
by
themselves
;
and
afterwards
they
deliver'd
their
joynt
Answer
to
the
King
.
And
so
they
did
in
the
40th
.
Year
of
that
King
:
When
the
Pope
having
sent
hither
to
demand
Tribute
and
Homage
,
to
be
paid
to
him
,
we
are
told
,
That
the
Bishops
went
apart
by
themselves
;
the
other
Lords
by
themselves
;
and
the
Commons
by
themselves
.
And
being
returned
from
their
several
places
,
and
met
together
;
they
all
declar'd
their
unanimous
Resolution
to
oppose
the
Pope's
Demands
.
In
the
50th
.
of
the
same
Edward
,
we
Lord's
House
to
desire
a
Conference
with
them
;
and
they
presently
agreed
to
the
Proposition
,
and
went
into
the
Chamberlain's
Chamber
to
treat
with
them
.
It
is
in
the
51st
.
Year
of
this
King
That
upon
such
times
as
the
whole
Parliament
met
,
and
as
long
as
they
continued
to
sit
together
;
the
Proctors
of
the
Clergy
met
together
with
them
,
is
not
to
be
doubted
.
Their
Writs
summon'd
them
to
the
same
place
,
and
upon
the
same
business
;
and
we
cannot
doubt
,
but
that
they
met
accordingly
,
at
the
opening
of
every
Parliament
together
.
Whether
upon
the
division
of
the
two
Houses
,
as
the
Bishops
continued
to
sit
with
the
one
,
so
the
Proctors
of
the
Clergy
did
also
sit
,
at
first
,
with
the
other
,
I
am
not
able
to
say
.
But
from
the
time
that
they
had
a
distinct
Prolocutor
of
their
own
,
we
must
conclude
,
that
they
met
distinctly
:
And
upon
all
the
Divisions
we
meet
with
,
in
the
most
ancient
Rolls
of
Parliament
,
the
method
still
was
for
each
Estate
to
consult
together
;
the
Lords
Temporal
by
themselves
;
the
Commons
by
themselves
;
and
the
Bishops
and
Clergy
by
themselves
.
And
when
we
consider
the
Method
that
has
been
taken
,
from
the
beginning
,
of
summoning
each
of
these
to
Parliament
;
how
the
Temporal
Lords
have
their
Writs
particularly
directed
to
them
;
the
Commons
theirs
,
directed
to
the
Sheriff
of
each
County
,
and
the
Bishops
and
Clergy
theirs
joyn'd
together
:
It
may
seem
not
improbable
,
that
as
they
were
summon'd
after
a
distinct
manner
to
the
Parliament
,
so
they
sate
too
;
And
that
the
Bishops
,
and
Proctors
of
the
Clergy
,
not
only
occasionally
consulted
together
,
but
ordinarily
acted
as
one
of
the
three
Estates
of
the
Realm
there
.
In
what
place
the
Clergy
used
to
meet
,
I
have
not
found
:
But
as
their
other
Convocations
were
usually
held
at
St.
Paul's
,
so
it
is
not
improbable
but
that
,
upon
these
occasions
,
they
may
have
sate
there
also
.
It
was
the
Custom
of
the
Parliament
,
Were
we
well
assured
of
the
Antiquity
of
this
Custom
,
it
would
go
a
great
way
towards
the
Confirming
of
what
I
before
proposed
:
And
being
joyn'd
with
those
two
Things
of
which
we
are
Certain
;
namely
,
First
,
That
upon
all
Greater
Debates
,
it
was
the
Manner
of
the
Bishops
and
Clergy
to
go
aside
,
and
Consult
with
One
Another
;
and
then
,
by
the
Archbishop
,
or
some
Other
of
the
Bishops
,
Report
their
Opinion
to
the
Other
Estates
:
And
,
Secondly
,
That
They
separately
gave
Subsidies
to
the
King
;
(
as
also
the
Lords
and
Commons
seem
to
have
anciently
done
:
)
would
prompt
us
to
conclude
the
Constitution
of
our
Parliament
to
have
been
,
Originally
,
this
;
That
when
the
Three
Estates
met
together
,
(
as
at
the
Opening
of
every
Session
,
they
are
still
wont
to
do
;
and
are
by
some
supposed
to
have
always
done
at
the
first
;
)
the
Proxies
of
the
Clergy
,
as
well
as
the
Commons
,
either
came
Up
to
the
House
of
Lords
,
or
they
all
attended
the
King
in
the
Painted
Chamber
.
Afterwards
,
when
they
sate
separately
,
Each
State
met
,
and
consulted
,
by
its
self
:
Only
the
Bishops
,
and
Parliamentary-Abbots
,
as
they
appear'd
there
under
a
double
Capacity
,
so
they
sate
,
and
Voted
accordingly
:
With
the
Clergy
in
Convocation
,
as
Members
of
that
Estate
,
on
Convocation-days
;
At
Other
times
,
with
the
Lords
in
the
Upper
House
;
as
Members
of
the
Baronage
of
England
,
by
Vertue
of
their
Baronies
.
And
thus
have
I
accounted
for
the
I
have
before
said
,
that
when
the
King
Orders
his
Writs
to
be
Issued
out
for
Calling
a
Parliament
,
He
do's
,
at
the
same
time
,
direct
two
Others
to
be
sent
to
the
Two
Archbishops
,
to
Summon
the
Clergy
of
their
Respective
Provinces
,
to
meet
together
about
the
same
time
.
And
it
will
be
necessary
for
me
,
in
the
first
place
,
to
take
notice
of
the
difference
there
is
between
these
Two
kinds
of
Summons
;
because
that
,
by
that
,
we
shall
be
able
the
better
to
judge
,
what
is
intended
by
Each
of
Them
.
First
,
then
;
The
Parliamentary-Writ
is
sent
distinctly
to
every
Bishop
,
●mmediately
from
the
King
;
and
the
Bishop
is
thereby
Required
to
Summon
the
Clergy
of
his
Diocess
,
to
go
along
with
him
to
Parliament
.
Whereas
the
Convocation-Writ
is
sent
only
to
the
Archbishop
,
and
He
,
by
the
Bishop
of
London
,
sends
to
the
Other
Bishops
of
his
Province
;
to
meet
Him
with
their
Clergy
,
in
Convocation
;
according
to
the
King's
Command
.
And
sometimes
,
the
Archbishop
heretofore
,
Summon'd
them
,
only
by
his
Own
Authority
.
2.
By
the
Parliamentary-Writ
,
the
Bishop
and
Clergy
of
Each
Diocess
,
are
to
come
to
the
place
where
the
Parliament
is
intended
to
be
Opened
;
and
upon
the
Day
appointed
for
the
Assembling
of
it
.
By
the
Convocation-Writ
,
they
are
call'd
to
the
Chapter-House
at
Pauls
,
or
to
such
Other
place
as
the
Archbishop
appoints
;
and
that
oftentimes
heretofore
on
some
Other
day
than
that
on
which
the
Parliament
began
.
3.
The
Parliamentary-Writ
Summons
Them
to
come
to
Parliament
,
there
to
Treat
,
&c.
with
the
King
,
the
Rest
of
the
Prelates
and
Lords
;
and
Other
Inhabitants
of
the
Realm
,
concerning
the
Urgent
Affairs
that
are
there
to
be
deliberated
of
;
with
respect
to
the
King
,
the
Realm
,
and
the
State
of
the
Church
of
England
.
The
Convocation-Writ
calls
them
to
consult
only
among
Themselves
;
and
that
as
they
shall
be
directed
by
the
King
,
when
they
come
together
.
4.
By
the
Parliamentary-Writ
,
only
the
Deans
,
Arch-deacons
,
and
Proctors
of
the
Clergy
are
Summon'd
:
But
the
Convocation-Writ
,
with
these
,
call'd
the
Regular
Dignitaries
too
;
Omnes
Abbates
,
Priores
,
&c.
tam
Exemptos
quàm
non
Exemptos
;
and
so
gave
many
a
place
in
Convocation
,
that
had
nothing
to
do
in
the
Parliament
.
5.
Lastly
;
By
the
Parliamentary-Writ
,
they
were
ever
to
meet
at
the
very
precise
time
the
Parliament
did
:
By
the
Other
,
they
not
only
did
not
meet
always
,
at
the
same
precise
Time
,
but
very
often
at
such
time
as
no
Parliament
was
Sitting
.
Which
was
the
Case
of
the
most
ancient
Convocation-Writ
,
I
have
〈◊〉
met
with
,
of
the
9
Edw.
II.
And
according
to
which
the
Convocation
sate
.
Febr.
17
:
whereas
the
Parliament
met
the
October
before
.
It
is
therefore
as
plain
,
as
any
thing
Had
these
Convocations
been
always
Assembled
by
the
Authority
of
the
Archbishop
,
without
any
Writ
from
the
King
;
as
oftentimes
heretofore
they
were
:
And
had
they
meddled
only
with
Ecclesiastical
Matters
,
when
they
met
;
It
would
have
been
no
hard
matter
to
give
a
plain
,
and
certain
Answer
to
this
Enquiry
.
Because
,
in
that
Case
,
it
would
have
been
Evident
,
that
these
Convocations
were
no
Other
than
Provincial
Synods
;
which
the
Archbishop
took
occasion
to
Assemble
;
for
the
Ease
of
the
Clergy
,
and
the
Benefit
of
the
Church
;
at
the
same
time
that
they
were
otherwise
Required
to
come
together
,
for
the
business
of
the
State
.
And
this
Use
Our
Kings
were
wont
sometimes
to
make
of
Them
.
They
referr'd
Ecclesiastical
Matters
to
them
;
and
advised
with
them
in
things
pertaining
to
Religion
.
But
as
the
Form
of
their
Summons
entitles
them
to
meet
upon
some
urgent
Affairs
,
which
concern
not
only
the
security
and
defence
of
the
Church
of
England
,
but
of
the
King
too
;
and
the
peace
and
tranquility
,
the
publick
Good
,
and
defence
of
the
Kingdom
:
So
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
:
That
so
,
in
a
much
fuller
Body
of
the
Clergy
,
than
what
usually
came
to
the
State-Council
;
and
consisting
of
such
Members
particularly
,
as
were
most
ha●d
to
be
dealt
with
;
the
Abbots
and
〈◊〉
;
they
might
either
obtain
a
supply
from
the
Clergy
there
,
when
they
had
〈◊〉
in
Parliament
;
or
have
that
Supply
confirm'd
by
them
in
Convocation
,
which
had
before
been
Granted
to
Them
in
Parliament
.
Nor
is
this
any
vain
Conjecture
,
but
founded
upon
a
General
Observation
of
what
was
done
by
the
Convocation
when
it
met
;
and
which
,
for
the
most
part
,
was
nothing
else
but
to
confirm
,
or
make
an
Order
for
Money
:
And
even
upon
the
very
Summons
themselves
,
which
were
anciently
sent
to
them
;
and
in
which
the
Cause
of
their
meeting
was
,
oftentimes
,
more
particularly
express'd
,
than
afterwards
it
was
those
Bishops
,
and
Others
of
the
Clergy
,
who
were
Summon'd
to
Parliament
,
had
,
as
far
as
they
were
concern'd
,
unanimously
yielded
to
a
Subsidy
;
but
so
,
that
Others
of
the
Clergy
,
who
were
not
Summon'd
to
Parliament
,
should
Meet
in
Convocation
,
and
Consent
thereto
.
And
that
for
this
Cause
the
King
had
sent
his
Writ
to
the
Archbishop
,
to
Summon
All
Prelates
,
whether
Religious
,
or
Others
,
and
Others
of
the
Clergy
of
his
Province
,
to
meet
at
London
,
post
15
Pasch.
to
treat
,
and
consent
of
the
Matter
aforesaid
.
This
therefore
was
the
great
Use
which
Our
Kings
were
wont
,
all
along
,
to
make
of
their
Convocations
;
and
from
this
it
came
to
be
the
Custom
to
Summon
them
,
for
the
most
part
,
as
often
as
the
Parliament
met
;
and
,
Generally
,
at
the
same
time
that
it
did
so
.
But
tho'
our
Convocations
therefore
,
Ecclesiastical
Synods
,
have
,
by
this
means
,
come
to
be
,
for
a
long
time
Summon'd
,
at
the
same
time
that
the
Parliament
was
to
meet
;
yet
I
do
not
see
any
Reason
there
is
to
confine
them
so
closely
to
such
a
season
,
as
to
make
it
absolutely
necessary
,
for
the
King
,
to
call
the
One
,
whenever
He
do's
the
Other
.
Indeed
Custom
,
which
,
in
such
Cases
,
ought
to
be
allow'd
its
just
force
,
has
prevailed
so
far
,
that
it
may
be
question'd
whether
the
Clergy
thereby
have
not
a
Right
to
be
Summon'd
to
the
Convocation
,
as
often
as
the
Other
Estates
S●●
〈◊〉
〈◊〉
〈◊〉
Num.
VI.
A
〈◊〉
L
〈…〉
and
Troubl
.
〈◊〉
.
16●
.
p.
8●
.
are
to
the
Parliament
.
But
as
Our
Kings
have
often
been
wont
to
hold
Convocaons
,
when
there
were
no
Parliaments
sitting
;
so
in
this
very
Age
,
we
know
,
the
Convocation
was
continued
,
after
the
Parliament
was
dissolved
;
and
our
most
Eminent
in
the
Law
declared
that
it
might
lawfully
be
so
.
How
long
our
Archbishops
went
on
,
by
their
Own
Authority
,
to
call
these
Simon
Langham
first
,
That
He
summon'd
such
Synods
,
partly
at
the
desire
and
command
of
the
King
;
and
partly
without
the
King's
Letters
,
at
his
own
pleasure
:
and
of
Thomas
Arundell
That
the
Convocation
of
1408
,
as
almost
all
the
Others
of
His
Time
,
were
called
by
the
sole
Letters
and
Command
of
the
Archbishop
;
tho'
,
nevertheless
,
He
sometimes
held
Them
at
the
desire
of
the
King
,
and
by
vertue
of
his
Letters
,
for
the
Publick
Affairs
of
the
Realm
:
So
it
is
plain
,
that
,
not
only
in
these
times
,
the
King
did
often
send
his
Orders
to
the
Archbishop
for
this
purpose
;
but
that
from
the
very
time
of
Edward
the
First
,
He
had
been
constantly
used
so
to
do
.
And
it
is
no
improbable
con
〈…〉
ure
of
our
Church-Historian
,
that
about
Henry
the
Eighth's
time
,
the
Act
of
his
25th
.
Year
,
Chapt.
19.
tells
us
:
And
whosoever
shall
weigh
the
Introduction
of
that
Statute
,
will
see
cause
to
conclude
,
from
the
Wording
of
it
,
that
so
it
had
been
for
some
considerable
time
before
.
And
now
,
having
thus
prepared
the
Right
understanding
of
the
nature
of
the
Convocation
,
as
it
was
first
setled
in
the
beginning
of
this
Period
;
and
has
,
from
thence
,
been
derived
down
to
Us
:
Let
us
go
on
to
take
a
brief
View
of
the
chiefest
of
those
Meetings
,
of
which
any
Account
remains
to
Us
;
and
from
thence
we
shall
be
able
more
clearly
to
discover
the
Nature
of
them
,
and
what
dependence
,
of
Right
,
they
ought
to
have
upon
the
Royal
Authority
.
No
sooner
was
Winchelsea
made
Archbishop
Provincial
Synod
,
in
which
He
publish'd
those
Orders
for
the
Regulation
of
it
,
which
still
Remain
to
us
under
his
Name
.
The
next
year
after
,
the
same
Archbishop
Great
Charter
,
and
Charter
of
the
Forest
;
and
that
the
Copies
of
Them
,
(
order'd
by
the
King
and
Parliament
,
to
be
sent
to
Every
Cathedral
Church
,
)
should
,
according
to
their
Command
,
be
publickly
Read
to
the
People
Assembled
there
.
There
were
some
other
things
done
in
this
Convocation
,
for
the
better
securing
of
the
Privileges
of
the
Church
;
and
an
Order
publish'd
by
the
Archbishop
,
throughout
his
Province
,
to
make
known
to
the
Clergy
what
had
been
Resolved
by
Them
.
What
was
design'd
to
have
been
done
in
the
Convocation
again
,
called
the
year
following
,
is
not
known
.
All
that
we
two
Fryars
appear'd
there
,
in
behalf
of
the
King
,
to
shew
,
that
notwithstanding
the
Pope's
Prohibition
,
the
Clergy
might
lawfully
grant
a
Subsidy
to
the
King
,
to
help
Him
in
his
Wars
:
Which
being
done
,
they
laid
a
Command
upon
the
Clergy
,
under
pain
of
Imprisonment
,
not
to
publish
any
Sentence
of
Excommunication
,
either
against
the
King
,
or
against
any
that
put
Themselves
under
his
Protection
:
and
thereupon
the
Synod
immediately
broke
up
.
For
the
better
understanding
of
But
this
Reconciliation
lasted
not
long
;
the
King
seeming
rather
to
have
waited
for
an
Opportunity
of
doing
him
a
mischief
,
without
hurting
himself
,
than
to
have
truly
forgiven
him
.
And
therefore
being
now
in
better
Circumstances
with
the
Pope
,
He
accused
the
Archbishop
late
Troubles
he
had
met
with
,
from
his
Barons
;
and
forced
him
to
go
to
Rome
to
answer
for
it
.
And
when
,
in
the
last
year
of
his
Reign
,
He
held
his
Parliament
at
Carlisle
,
An.
1308
:
He
caused
an
Inhibition
to
be
Put
upon
William
de
Testa
,
a
new
Legate
,
sent
to
get
up
more
Money
here
;
and
a
Restraint
to
be
laid
upon
such
Monks
as
had
Lands
in
England
;
but
whose
capital
Houses
were
in
other
Kingdoms
.
So
earnestly
did
this
King
labour
to
Usur
pations
that
had
been
made
upon
it
.
No
sooner
was
King
Edward
the
Second
,
His
Son
,
Crown'd
;
but
He
gave
the
Archbishop
,
now
Return'd
from
General
Council
of
Lyons
abroad
;
or
by
the
Constitutions
of
Otho
and
Ottobon
at
home
,
against
his
Consent
:
And
therefore
,
that
he
should
not
deprive
any
of
his
Chaplains
of
their
Benefices
,
on
any
pretence
of
Pluralities
,
or
Non-Residence
.
But
still
the
Pope's
Authority
both
in
assembling
,
and
managing
of
our
Convocations
,
nevertheless
prevailed
.
An
eminent
instance
of
which
we
have
,
in
the
Convocation
held
the
year
after
,
and
from
whence
we
may
collect
,
how
they
were
order'd
about
this
time
.
The
Pope
having
resolved
to
suppress
general
Council
to
m●et
at
Vienne
.
To
this
he
invites
,
or
rather
commands
,
our
Archbishops
and
Bishops
to
come
.
And
that
they
might
be
the
better
prepared
for
what
they
were
to
do
there
,
he
requires
the
Archbishop
of
Canterbury
to
assemble
a
Provincial
Synod
,
and
therein
to
deliberate
about
the
affairs
of
the
Knights-Templers
;
and
to
dispose
the
way
,
for
their
more
essectual
Condemnation
at
the
general
Council
.
The
Archbishop
having
received
this
order
from
the
Pope
,
immediately
sends
his
Writ
to
the
Bishop
of
London
,
requiring
him
to
call
the
Bishops
and
Clergy
to
a
Convocation
.
The
Bishop
of
London
sends
abroad
his
Summons
accordingly
:
And
when
they
met
,
the
usual
Preliminaries
being
over
,
the
Pope's
Bulls
were
,
in
the
first
place
,
read
;
next
the
Bishop
of
London's
Certificate
,
to
shew
what
he
had
done
,
in
obedience
both
to
the
Pope's
,
and
Archbishop's
,
Command
:
and
so
they
proceeded
to
the
business
for
which
they
were
called
.
And
here
then
we
have
a
full
Representation
,
of
the
State
of
our
Convocation
,
and
how
it
was
managed
in
these
times
.
Great
was
the
Usurpation
which
the
Pope
,
in
all
this
,
made
upon
the
King's
Authority
:
And
it
ought
the
rather
to
be
taken
notice
of
,
because
this
Archbishop
was
otherwise
,
a
hearty
Friend
to
the
Liberties
of
his
Country
,
and
had
a
true
respect
and
value
for
the
King
;
whose
Follies
and
Excesses
wrought
so
far
upon
him
,
that
they
are
at
last
thought
to
have
broke
his
Heart
.
The
next
Archbishop
that
succeeded
him
,
as
he
came
in
by
the
Pope's
Authority
;
so
,
to
maintain
his
Power
the
better
,
he
took
care
by
such
means
,
as
seldom
fail
in
the
Roman
Court
,
to
gain
mighty
Privileges
from
that
See
.
Being
supported
with
these
,
he
proceeds
to
make
a
Provincial
Visitation
;
holds
several
Synods
at
Oxford
,
Lambeth
,
and
in
other
places
.
And
in
one
at
Westminster
,
Provincial
Constitutions
.
And
all
that
the
King
was
able
to
do
,
was
to
send
a
Prohibition
to
him
As
for
Simon
Mepham
,
who
succeeded
this
Archbishop
,
he
held
some
few
Synods
,
and
made
some
Provincial
Constitutions
;
in
neither
of
which
,
there
is
any
thing
extraordinary
to
be
observed
.
And
the
same
must
be
said
of
the
Convocations
held
by
Archbishop
Stratford
,
who
follow'd
after
:
In
all
which
,
there
is
little
to
be
taken
notice
of
,
more
than
But
here
,
tho'
it
be
not
necessary
to
common
Consent
of
that
great
Council
,
to
let
the
Pope
freely
know
,
that
they
were
grown
weary
of
his
Impositions
,
and
neither
could
,
nor
would
bear
,
any
longer
,
those
Burdens
,
which
he
was
continually
laying
upon
the
Kingdom
.
For
which
end
,
it
was
also
resolved
,
that
whosoever
procur'd
any
Benefice
in
this
Realm
,
by
vertue
of
the
Pope's
Provision
,
should
be
obliged
to
come
and
live
upon
it
,
and
not
be
suffer'd
to
draw
the
Wealth
of
the
Nation
into
other
Countries
:
And
least
this
should
not
do
,
it
was
also
farther
establish'd
,
that
no
one
should
be
admitted
to
any
Benefice
,
upon
the
Authority
of
any
Bull
from
Rome
,
without
the
King
's
special
License
and
Consent
.
And
all
the
Lords
and
Nobles
declared
,
that
if
the
Pope
went
on
,
by
his
Provisions
,
to
dispose
of
Benefices
,
whether
to
Foreigners
,
or
others
;
which
their
Ancestors
had
given
,
by
way
of
Charity
,
to
religious
Persons
to
pray
for
them
;
they
would
forthwith
seize
them
into
their
own
hands
,
and
dispose
of
them
as
they
thought
good
.
This
was
a
brisk
stand
,
and
some
restraint
it
did
put
to
the
Pope's
Exorbitancies
.
And
yet
it
was
but
a
year
short
Answer
,
and
presently
return'd
home
again
.
And
the
next
year
following
,
the
King
put
a
Foreign
Clergy-men
;
and
took
of
every
one
according
as
they
were
able
to
give
.
It
would
be
too
long
for
me
to
say
,
how
far
this
great
King
,
following
herein
the
steps
of
his
Royal
Grandfather
,
King
Edward
I.
proceeded
to
maintain
his
own
Authority
,
and
the
Liberties
of
his
Country
,
against
the
Papal
Encroachments
.
I
shall
only
add
,
that
notwithstanding
all
the
endeavours
of
the
Court
of
Rome
to
the
contrary
,
he
constantly
adhered
to
the
Laws
made
Provisors
,
&c.
And
when
the
Pope
publish'd
his
Indulgence
at
Rome
,
Anno
1349
:
he
not
only
expresly
forbad
But
to
return
to
our
Convocations
,
King's
Judges
;
it
was
freely
told
him
,
that
in
this
,
nothing
was
done
but
what
was
absolutely
necessary
to
the
Peace
of
the
Realm
:
For
that
the
Ordinary
was
so
negligent
in
punishing
of
them
,
that
there
would
be
no
bounds
set
to
their
Excesses
,
unless
the
civil
Magistrate
took
some
care
to
restrain
them
.
The
Archbishop
was
sensible
that
this
was
but
too
true
:
and
thereupon
he
went
apart
with
his
Parliamentary
Clergy
,
and
by
their
common
Advice
and
Consent
,
set
forth
an
order
,
for
the
more
severe
confining
and
punishing
of
such
Offenders
.
As
for
the
other
Synods
,
held
by
this
Archbishop
,
there
being
little
remarkable
in
them
,
I
shall
not
need
to
insist
upon
them
.
It
was
about
the
Year
1393
,
that
summon
Convocations
by
their
own
Authority
,
and
call'd
them
only
at
the
King's
Command
.
But
tho'
I
am
not
altogether
satisfied
in
this
Royal
Prerogative
;
yet
still
our
Kings
often
interposed
their
Authority
,
and
summon'd
Convocations
by
their
own
Writs
,
directed
to
the
Archbishop
,
as
they
still
continue
to
be
at
this
day
.
And
now
the
Preaching
of
Wickliffe
,
and
the
Opinions
by
him
brought
in
,
began
to
be
taken
notice
of
:
Insomuch
,
King's
Command
,
or
by
vertue
of
his
own
Legatine
Authority
,
I
shall
not
enquire
:
But
this
we
are
assured
,
that
the
King
thereupon
issued
out
his
orders
for
the
Arresting
of
all
such
as
held
any
Heretical
Tenets
;
and
particularly
that
opposed
the
Doctrine
of
the
Church
agreed
upon
in
that
Convocation
And
the
same
was
the
business
of
the
Councils
held
by
Arundel
,
his
Successor
,
first
at
Oxford
,
Anno
1394
;
then
at
London
,
Anno
1408.
And
lest
the
orders
Hereticks
,
Anno
1401
,
2
Hen.
4.
But
tho'
by
this
means
therefore
a
new
subject
was
started
,
to
exercise
the
debates
of
our
Convocations
;
yet
still
the
Pope
ceased
not
to
attempt
upon
the
Crown
with
his
wonted
Usurpations
.
To
oppose
which
,
Richard
the
2d
.
call'd
translate
Bishops
,
and
dispose
of
Preferments
,
as
he
had
again
that
Year
notoriously
done
.
Instead
of
giving
any
direct
answer
whereunto
,
they
cautiously
reply'd
;
That
it
was
their
opinion
the
King
should
write
to
the
Pope
to
desist
from
such
Practices
for
the
time
to
come
.
At
which
the
King
being
justly
offended
,
told
them
,
That
had
they
boldly
asserted
his
Right
,
he
would
have
firmly
stood
by
them
;
and
have
protected
them
against
the
Power
of
the
Court
of
Rome
.
King
Richard
being
deposed
,
and
King
New
Opinions
,
and
to
prosecute
the
Maintainers
of
Them
.
But
except
this
,
there
is
little
,
from
this
time
forth
,
to
be
observed
,
to
our
present
purpose
,
in
Them
.
But
tho'
I
shall
not
therefore
need
to
That
the
Clergy
in
Convocation
,
should
be
allow'd
for
Themselves
,
and
their
Servants
,
all
the
same
Protections
and
Privileges
,
which
had
been
Granted
to
Members
of
Parliament
;
and
,
which
by
Vertue
thereof
,
they
still
continue
to
Enjoy
.
I
shall
close
up
these
Remarks
,
with
Warham
,
Archbishop
of
Canterbury
,
to
Summon
a
Convocation
of
the
Clergy
to
meet
,
about
the
same
time
,
in
St.
Paul's
Church
,
London
.
Cardinal
Woolsey
,
who
,
as
Archbishop
of
York
,
had
no
place
in
the
Convocation
,
and
was
desirous
to
bring
every
thing
within
his
Own
Management
;
by
his
Legatine
Power
dissolves
the
Convocation
King's
Command
,
by
Warham
;
and
Orders
the
same
Synod
to
Appear
before
himself
,
as
the
Pope's
Legate
,
the
next
day
,
at
Westminster
.
Where
having
got
a
sufficient
Subsidy
granted
by
Them
to
the
King
,
he
soon
dismiss'd
the
Assembly
.
And
thus
have
I
given
a
brief
Account
,
of
the
most
considerable
Assemblies
of
the
Clergy
in
Convocation
,
during
this
Third
Period
.
Many
there
are
,
which
I
have
pass'd
by
,
without
making
any
mention
at
all
of
Them
.
And
it
may
be
sufficient
here
,
in
the
Close
of
all
,
to
say
this
one
thing
concerning
Them
;
That
,
for
the
most
part
,
the
Great
End
our
Kings
had
in
Summoning
of
Them
,
was
to
get
Money
from
Them
;
as
,
the
main
thing
they
did
,
when
they
met
,
was
to
consider
what
Measures
to
take
,
and
what
Excuses
to
urge
,
to
avoid
the
Giving
of
it
.
IV
PERIOD
.
From
the
25th
.
of
King
Henry
the
Eighth
,
to
Our
Present
Times
.
We
are
now
come
to
the
last
Part
of
Parliamentary
Authority
,
in
the
State
in
which
it
now
stands
;
and
under
which
Condition
I
have
,
in
the
foregoing
Chapter
,
consider'd
the
Rights
of
it
.
I
shall
here
only
give
a
short
account
,
how
it
came
to
be
thus
setled
;
and
what
Methods
our
Princes
have
,
from
thenceforth
,
taken
,
for
the
Management
of
their
Ecclesiastical
Affairs
,
and
the
Exercise
of
their
Ecclesiastical
Supremacy
.
King
Henry
the
Eighth
,
having
been
a
long
time
trifled
with
,
by
the
Court
of
Rome
,
in
the
business
of
his
Divorce
;
and
being
not
of
a
Humour
to
bear
such
an
Opposition
,
as
was
thereby
made
to
his
Desires
;
Resolved
,
at
last
,
to
break
off
all
Communication
with
it
:
And
,
in
pursuance
thereof
,
pass'd
an
Act
against
Appeals
to
Rome
,
and
for
ending
Ecclesiastical
Suits
within
his
Own
Realm
;
Anno
1533.
It
was
not
long
after
this
,
that
Warham
dying
,
and
Cranmer
being
made
Archbishop
of
Canterbury
;
the
business
of
the
Divorce
,
which
had
so
long
been
depending
,
was
finally
determined
by
Him
.
The
news
of
which
being
got
to
Rome
,
the
Pope
not
only
Annull'd
the
Archbishop's
proceeding
,
but
Commanded
the
King
to
do
it
likewise
:
And
,
upon
his
Refusal
to
hearken
to
Him
,
publish'd
against
Him
a
Sentence
of
Excommunication
,
as
He
had
before
Threatned
to
do
.
To
prevent
that
Breach
,
which
this
must
otherwise
have
necessarily
made
between
Them
,
the
French
King
interposed
so
effectually
with
the
Pope
,
(
who
,
about
this
time
,
came
as
far
as
Marseilles
to
Treat
with
Him
)
that
He
offer'd
new
Terms
of
Accommodation
to
King
Henry
;
and
the
Archbishop
of
Paris
,
thereupon
,
undertook
to
make
up
the
difference
betwixt
Them
.
And
now
all
things
seem'd
to
tend
to
Peace
:
The
King
was
willing
to
accept
of
the
Pope's
Offers
;
and
the
Pope
no
less
desirous
to
gain
the
King
.
The
misfortune
was
,
that
the
Pope
confined
Him
to
so
short
a
time
,
that
his
Messenger
could
not
get
to
Rome
so
soon
as
had
been
required
:
And
the
Imperial
Faction
wrought
so
powerfully
upon
the
Pope
,
that
he
refused
to
enlarge
it
but
for
six
days
;
till
He
might
see
what
the
King
would
do
,
before
He
proceeded
to
a
final
Sentence
against
Him
.
The
Quarrel
therefore
now
being
I
have
before
Observed
,
what
severe
Laws
were
made
by
Edward
the
Third
,
in
his
25th
,
27th
,
and
28th
Years
,
against
the
Usurpations
of
the
Bishop
of
Rome
.
These
were
confirm'd
by
King
Richard
the
Second
,
in
his
12th
,
and
13th
Years
.
And
,
because
the
Pope
still
went
on
,
nevertheless
,
in
his
Practises
;
in
his
16th
Year
,
the
famous
Act
of
Praemunire
was
pass'd
,
against
All
Bulls
,
&c.
from
the
Court
of
Rome
,
under
Pain
of
Perpetual
Banishment
,
with
the
forfeiture
of
the
Lands
,
Tenements
,
Goods
and
Chattels
of
those
who
should
either
procure
,
or
make
use
of
Them
.
But
,
notwithstanding
these
Laws
,
the
Pope
still
proceeded
in
his
Own
way
,
and
the
Clergy
were
always
ready
to
assist
him
in
it
:
And
by
these
means
there
were
but
very
few
,
of
any
Note
,
among
Them
;
who
had
not
,
upon
some
account
or
other
,
incurr'd
the
Penalty
before
mention'd
.
Upon
this
Ground
,
therefore
,
the
King
resolved
to
attacque
Them
:
And
They
being
well
Aware
of
the
danger
of
it
,
determined
by
any
means
to
Avoid
it
.
In
Order
whereunto
,
They
first
agree
to
Offer
the
King
a
Summ
of
Money
;
And
,
in
the
next
place
,
by
an
Act
of
Convocation
,
to
submit
Themselves
to
Him
,
and
Recognize
his
Royal
Authority
over
Them
.
This
was
that
submission
,
upon
which
the
Act
for
Regulating
the
Convocation
,
was
drawn
:
and
in
which
,
among
Other
things
,
these
(
two
)
Points
became
setled
,
both
by
Parliament
,
and
Convocation
:
First
;
That
the
Clergy
have
no
Right
to
meet
in
any
Synod
,
without
the
King's
License
,
testified
by
his
Writ
to
the
Archbishop
.
And
,
Secondly
;
That
being
Met
,
They
cannot
proceed
to
Act
,
but
according
to
his
Direction
.
Thus
was
the
Crown
,
after
a
long
Invasion
Papal
Power
,
or
Interest
,
became
too
strong
for
Them
.
And
accordingly
,
ever
since
,
the
Convocation
has
continued
to
assemble
,
and
act
,
according
to
these
Measures
;
so
that
I
shall
not
need
to
take
any
more
particular
View
of
its
Proceedings
.
It
is
,
I
conceive
,
without
all
doubt
,
But
altho'
it
has
t
〈…〉
efore
been
the
General
Custom
,
for
the
Convocation
to
meet
,
whensoever
the
Parliament
do's
;
yet
neither
since
the
Passing
of
this
Act
,
nor
before
,
have
these
two
been
accounted
to
have
so
inseparable
a
Relation
to
one
another
,
but
that
(
if
the
King
pleased
)
the
Convocation
might
be
held
,
when
the
Parliament
was
not
:
And
the
Parliament
sit
,
and
act
,
and
yet
the
Convocation
do
neither
.
An
instance
of
the
former
of
these
,
we
have
within
,
about
four
years
after
the
Passing
of
the
Convocation-Act
.
The
Archbishop
,
by
Order
of
the
Vicar-General
,
call'd
a
Convocation
It
is
certain
then
that
the
Convocation
,
as
we
now
understand
it
;
that
is
to
say
,
as
it
is
an
Assembly
of
the
Clergy
,
call'd
by
the
King
's
Writ
,
directed
to
the
Archbishops
,
and
,
by
their
Order
,
Grounded
thereupon
;
is
an
Assembly
altogether
different
from
the
Parliament
of
this
Realm
;
and
evidently
no
Member
of
it
.
The
only
Question
is
,
What
we
are
to
think
of
it
,
when
it
meets
together
with
the
Parliament
;
and
has
a
pretension
to
its
Assembling
,
as
well
by
the
Bishop's
Parliamentary
Summons
,
as
by
the
Archbishops
Orders
.
When
Mr.
Philpot
was
examined
before
Because
that
House
being
a
Member
of
the
Parliament
,
ought
to
be
a
place
of
free
speech
for
All
Men
of
the
House
,
by
the
ancient
and
laudable
Custom
of
this
Realm
.
And
indeed
,
so
firmly
was
this
Notion
setled
in
the
Minds
of
the
Clergy
,
in
those
days
,
that
in
the
Convocation
held
the
first
year
of
Edw.
the
Sixth
,
a
Motion
was
made
;
That
it
should
be
desired
,
in
the
Name
of
the
Lower
House
of
Convocation
,
that
their
House
might
be
United
to
the
House
of
Commons
.
But
the
Lords
,
Rich
and
Windsor
,
told
Mr.
Philpot
,
That
the
Convocation
was
No
Part
of
the
Parliament
,
tho'
by
an
Old
Custom
,
it
was
call'd
together
by
One
Writ
of
Summons
,
with
the
Parliament
.
To
their
Opinion
,
Mr.
Philpot
submitmitted
;
nor
shall
I
pretend
to
enter
any
Plea
against
it
.
Thus
much
is
plain
,
That
the
Convocation
was
once
accounted
,
in
this
Respect
,
a
Member
of
the
Parliament
:
And
the
Reason
why
it
was
accounted
so
,
was
;
Because
,
by
this
Writ
of
Summons
,
the
lower
Clergy
were
Called
,
no
less
than
the
Bishops
themselves
,
to
it
.
Now
thus
they
continue
to
be
summon'd
still
.
The
Writ
is
the
same
it
ever
was
:
Is
as
constantly
Issued
out
,
and
as
expressly
Worded
;
as
when
they
were
,
from
thence
,
confess'd
to
be
a
part
of
the
Parliament
.
And
therefore
the
Reason
of
the
thing
being
the
same
,
one
would
think
it
should
still
inferr
the
same
Conclusion
.
But
Logick
is
one
thing
;
and
Law
is
another
:
And
all
this
notwithstanding
,
the
Clergy
is
now
,
no
Member
of
the
Parliament
.
Nor
is
there
any
Reason
why
it
should
be
:
For
now
,
there
being
so
many
learned
Presence
,
is
no
longer
holden
necessary
.
So
my
Lord
Coke
has
learnedly
determined
this
matter
.
Which
makes
me
the
more
wonder
,
that
the
Presence
of
the
Inferiour
Clergy
being
no
longer
holden
necessary
,
it
should
nevertheless
be
holden
necessary
to
continue
their
Summons
;
and
not
rather
be
thought
adviseable
to
Reduce
the
Bishop's
Writ
to
its
first
Form
,
when
the
Proctors
Such
then
is
the
Case
of
our
Present
Provincial
Synods
,
there
is
another
sort
of
more
select
Conventions
,
if
not
first
introduced
,
yet
more
especially
made
use
of
,
in
this
last
Period
:
And
they
consist
of
such
Certain
Bishops
,
and
Clergy-men
,
as
the
King
thinks
sit
to
Choose
,
and
by
his
Commission
to
Authorize
,
to
meet
together
,
at
such
time
,
and
in
such
place
as
he
therein
prescribes
to
them
.
To
these
he
proposes
,
whatsoever
it
be
,
that
he
would
have
them
to
consult
about
;
and
having
so
done
,
they
are
to
lay
the
Result
of
their
Opinions
,
according
to
his
Direction
,
before
Him
.
That
by
such
Synods
as
these
,
the
Reformation
Romish
Errors
;
Enemies
to
the
Reformation
,
and
therefore
not
qualified
to
promote
so
good
a
Work
.
At
present
their
business
is
chiefly
this
;
Either
to
Advise
the
King
in
such
Matters
,
as
He
do's
not
think
it
necessary
to
trouble
the
Convocation
to
meet
about
:
Or
else
,
in
Matters
of
a
greater
Moment
,
to
prepare
what
may
be
sit
for
the
King
to
lay
before
the
Convocation
;
that
since
they
must
not
debate
on
any
thing
without
his
leave
,
He
may
thereby
be
the
better
enabled
to
Propose
what
is
Expedient
to
Them
.
So
that
now
then
,
if
we
would
know
,
Ecclesiastical
Affairs
have
been
transacted
,
since
the
time
of
the
Reformation
;
we
shall
find
it
to
have
been
,
by
some
or
other
,
of
these
Five
following
Ways
.
1.
Sometimes
the
King
has
,
by
his
Own
Authority
,
set
forth
such
Orders
,
as
He
has
thought
fit
should
be
Observed
by
the
Clergy
of
the
Realm
;
and
directed
them
to
his
Archbishops
,
and
Bishops
,
for
that
End
.
Such
was
the
Letter
of
his
Present
Majesty
to
the
Bishop
of
London
,
(
as
to
matters
of
practise
)
of
Febr.
13.
1689/90
:
to
be
communicated
to
the
two
Provinces
of
Canterbury
and
York
.
And
such
were
his
Injunctions
(
with
respect
to
matters
of
Faith
)
by
which
He
lately
determined
,
with
what
sobriety
They
should
Write
,
and
Preach
,
concerning
the
Doctrine
of
the
Trinity
:
To
reduce
some
of
our
late
Controvertists
,
to
the
ancient
Modes
of
speaking
;
and
not
suffer
them
to
affect
new
Terms
,
to
the
hazard
of
the
ancient
Faith
;
and
to
the
scandal
of
many
of
the
same
profession
with
Themselves
.
2.
Another
Method
of
determining
Ecclesiastical
Matters
,
has
been
,
by
the
Authority
of
the
King
and
Parliament
,
without
the
help
of
any
Other
Ecclesiastical
deliberation
,
than
what
the
Archbishops
,
and
Bishops
,
in
the
Upper
House
,
have
given
to
them
.
Many
are
the
Acts
of
this
Nature
which
have
pass'd
,
I
do
not
say
since
the
Reformation
,
but
even
within
our
Own
Memories
.
Such
were
,
(
for
example
)
The
Acts
against
Conventicles
,
in
the
16th
,
and
22d
of
King
Charles
the
Second
.
The
two
Test-Acts
;
in
His
25th
and
30th
Years
:
In
a
word
;
The
Act
of
Toleration
,
in
the
first
of
his
Present
Majesty
;
not
to
mention
any
Others
of
an
Elder
date
.
3dly
.
A
third
way
,
now
made
use
of
,
in
transacting
Ecclesiastical
Matters
,
is
,
to
do
it
by
such
Select
Committees
,
as
those
I
before
mentioned
.
When
the
King
,
having
first
appointed
a
certain
Number
of
Bishops
and
Clergy-men
,
to
consider
what
may
be
fit
to
be
Order'd
in
such
Cases
,
as
He
thinks
fit
to
Referr
to
Them
;
afterwards
sets
forth
,
by
his
Royal
Authority
,
what
has
,
by
their
Advice
,
been
Recommended
to
Him
.
After
this
manner
was
the
Reformation
,
in
great
measure
,
carried
on
;
and
the
most
important
Affairs
of
the
Church
dispatch'd
:
As
by
the
short
Collection
,
Here
referr'd
4thly
.
A
fourth
Way
there
is
,
which
our
Princes
have
often
taken
,
in
these
Cases
;
and
that
is
,
to
Referr
not
to
a
Particular
Committee
,
but
to
their
Two
Convocations
,
what
they
would
have
done
:
And
having
seen
,
and
approved
their
Conclusions
,
to
give
their
Royal
Assent
,
and
Authority
,
thereunto
.
Upon
this
foundation
stand
our
Book
of
Canons
,
drawn
up
by
the
Convocation
of
1603
,
and
Ratified
,
and
Confirm'd
,
by
King
James
the
First
:
And
after
the
same
manner
were
those
drawn
up
,
which
gave
so
much
Offence
in
our
late
times
;
and
were
Authorized
by
King
Charles
the
First
:
Anno
1640.
But
,
above
all
;
as
the
most
solemn
,
so
the
most
undoubtedly
authoritative
way
,
of
transacting
such
Matters
as
these
,
is
,
5thly
.
When
the
King
designing
any
Constitution
of
a
more
than
ordinary
Concern
to
the
Church
,
or
Realm
;
do's
,
for
the
more
prudent
Establishment
of
it
,
first
,
by
a
select
Committee
,
prepare
what
he
thinks
needfull
to
propose
to
the
Convocation
concerning
it
;
Then
has
it
Examined
,
and
Concluded
there
:
And
having
Re-view'd
it
with
his
Privy
Council
,
and
his
learned
Council
in
the
Law
;
finally
referrs
it
to
his
Two
Houses
of
Parliament
:
Where
being
also
consented
to
,
and
approved
of
,
He
finally
himself
subscribes
to
it
,
and
makes
it
a
part
of
the
Statute-Law
of
the
Realm
.
Thus
has
our
Common-Prayer
,
from
time
to
time
,
been
setled
:
Our
Episcopal
Government
,
and
Ordinals
,
been
Confirm'd
;
and
,
finally
,
our
Nine
and
Thirty
Articles
been
Establish'd
.
But
as
the
choice
of
these
several
Methods
Civil
Affairs
,
oblige
Him
to
do
.
'T
is
true
,
the
Affection
which
some
Men
have
for
their
Own
Ways
,
may
Own
Injunctions
,
are
abundantly
sufficient
to
provide
for
.
But
as
All
Men
must
allow
,
that
it
would
not
only
be
grievous
,
but
foolish
,
to
assemble
a
Synod
,
for
the
doing
of
that
,
which
may
as
effectually
be
done
without
it
;
so
all
Reasonable
Men
must
think
it
very
just
,
and
equitable
,
that
his
Majesty
should
be
left
to
that
liberty
,
which
both
the
Law
has
intrusted
him
with
,
and
his
own
Reason
(
were
there
nothing
else
)
vindicates
to
him
;
I
mean
,
of
considering
what
He
thinks
,
in
such
Cases
,
to
be
most
sitting
to
be
done
,
and
to
act
accordingly
.
If
by
this
means
he
should
chance
to
be
mistaken
in
his
Choice
,
't
is
a
Humane
Infirmity
;
and
what
Good
Men
will
Easily
make
an
Allowance
for
,
in
a
station
where
so
much
is
to
be
done
,
and
it
is
so
difficult
,
oftentimes
,
to
judge
what
is
best
.
And
let
the
positive
,
censorious
part
of
the
World
,
if
for
nothing
else
,
yet
,
at
least
,
for
their
Own
sakes
,
consider
this
;
That
a
Kingdom
is
a
large
Place
;
and
that
't
is
not
impossible
,
but
that
among
such
Numbers
of
Men
,
as
there
are
in
it
,
some
may
be
as
firmly
persuaded
the
Prince
is
in
the
Right
,
as
they
can
presume
that
He
is
in
the
Wrong
.
CHAP.
V.
The
Opinion
advanced
in
the
late
Letter
to
a
Convocation-Man
,
Stated
:
And
the
Arguments
Examined
,
by
which
the
Author
of
it
pretends
to
prove
,
1.
That
the
Convocation
has
a
Right
to
Meet
,
whenever
the
Parliament
do's
:
And
,
2.
That
being
met
,
it
Has
also
a
Right
to
Act
,
without
any
Licence
from
the
King
,
to
Empower
it
so
to
do
.
HAving
now
very
fully
,
and
,
I
think
,
III
dly
.
To
Examine
,
What
the
Author
of
the
late
Letter
to
a
Convocation-Man
,
has
Offer'd
,
to
Overthrow
the
Conclusions
,
before
Establish'd
;
and
to
Consider
,
What
may
fairly
be
Replied
to
his
Pretences
.
In
pursuance
whereof
,
that
I
may
be
sure
not
to
fix
any
Opinions
upon
Him
,
which
He
has
not
really
Advanced
;
I
will
,
in
the
first
place
,
draw
up
the
Points
in
Controversie
between
us
,
in
his
Own
Words
;
and
so
go
on
to
consider
,
what
Arguments
he
has
brought
to
make
good
his
Assertions
,
and
to
justifie
that
unusual
Confidence
,
with
which
he
has
deliver'd
them
.
Our
Author
then
,
having
first
briefly
Unalterable
Right
,
to
the
Exercise
of
its
Ecclesiastical
Power
;
That
is
to
say
,
To
apply
the
Law
of
God
to
particular
Cases
;
to
Explain
the
Doubts
that
may
arise
concerning
it
;
and
to
deduce
Consequences
from
it
,
in
things
not
explicitely
determined
already
by
that
Law
;
And
this
,
not
by
Way
of
Doctrine
,
or
Exhortation
,
but
in
a
judicial
,
authoritative
Manner
;
by
making
of
Canons
,
and
Articles
;
and
by
enforcing
Submission
,
and
Obedience
to
its
determinations
:
Proceeds
,
No
Religion
at
the
bottom
,
nor
any
Notion
of
a
Church
,
however
for
their
Worldly
Interest
,
they
may
pretend
to
this
,
or
that
Party
,
by
joyning
Themselves
to
its
Communion
;
to
shew
,
What
the
Law
of
their
Country
says
in
this
Case
;
That
so
they
may
be
for
ever
silenced
in
this
Question
;
and
not
dare
to
mutter
any
more
,
after
what
this
New
Pythagoras
shall
have
declared
to
Them
.
And
having
thus
engaged
our
attention
,
he
proceeds
Oraculously
to
pronounce
:
KNOW
therefore
,
says
He
,
that
a
Convocation
is
an
Ecclesiastical
Court
,
or
Essential
to
our
Constitution
;
and
Establish'd
by
the
Law
of
it
.
It
is
the
Highest
of
all
Our
Ecclesiastical
Courts
,
Is
called
,
and
convened
,
in
Parliament
-
time
,
by
the
King
's
Writ
,
directed
to
the
Archbishops
.
It
consists
of
all
the
Clergy
of
both
Provinces
,
either
Personally
,
or
Representatively
present
.
In
the
Upper
House
,
are
the
Archbishops
,
and
Bishops
:
In
the
Lower
House
,
or
House
of
Commons
spiritual
,
are
the
Deans
,
Arch-deacons
,
One
Proctor
for
Every
Chapter
,
and
Two
for
the
Clergy
of
Each
Diocess
.
This
is
the
Court.
The
frequent
sitting
of
this
Court
,
is
One
of
the
Chief
Rights
of
the
Church
of
England
.
—
The
Church
of
England
is
a
National
Church
;
and
to
such
it
is
certainly
incident
to
have
National
Synods
,
or
Convocations
.
And
in
like
manner
to
those
Synods
,
to
have
freedom
of
Speech
,
or
Debate
,
about
Matters
proper
for
their
Cognizance
;
relating
to
the
Being
,
or
Well-being
of
their
Body
,
as
a
Church
.
—
And
if
the
Church
of
England
have
any
Rights
,
this
of
Assembling
,
Debating
,
and
Conferring
,
is
certainly
One
,
and
the
Chief
of
Them
.
'T
is
true
,
a
Convocation
cannot
Assemble
without
the
Assent
of
the
King
.
His
Writ
is
necessary
in
Order
to
it
.
—
And
his
Prerogative
do's
Empower
him
,
to
Prohibit
Assembling
in
Synod
,
without
his
Summons
.
—
But
then
it
is
as
true
too
,
that
the
Assembling
of
Them
is
not
entirely
dependant
on
His
Will
;
—
nor
lodged
purely
in
the
Breast
of
the
Sovereign
.
But
it
is
with
the
Convocation
,
as
it
is
with
the
Parliament
;
The
King
is
intrusted
with
the
Formal
part
of
Summoning
and
Convening
it
;
but
so
,
that
by
the
very
Essence
and
Constitution
of
our
Church
,
a
Convocation
ought
,
at
certain
times
,
to
Meet
,
Sit
,
and
Act
;
and
the
Fundamentals
of
our
Government
shew
Him
,
When
,
and
How
his
Power
(
in
this
Respect
)
is
to
be
Exercised
;
and
that
it
ought
not
to
be
at
his
free
Will
and
Pleasure
.
To
Grant
therefore
,
that
the
King's
Writ
is
necessary
to
the
Assembling
of
the
Convocation
:
The
Question
is
,
Whether
ought
not
to
Issue
,
whensoever
a
Summons
goes
out
for
a
Parliament
?
And
to
this
we
say
,
That
the
Law
of
the
Realm
hath
directed
the
King
,
or
at
least
His
Chancellour
,
Keeper
,
or
Other
Minister
,
having
the
Custody
of
the
Great
Seal
;
to
Issue
forth
such
Writs
;
and
they
can
no
more
be
Omitted
,
than
any
Single
Peer's
Summons
to
Parliament
.
Thus
far
our
Way
is
plain
,
and
clear
:
But
supposing
all
this
,
the
Question
still
is
,
Whether
or
no
the
Convocation
may
conferr
,
after
their
Summons
,
and
Meeting
,
without
the
King
'
s
Special
License
and
Assent
▪
In
answer
to
which
,
I
must
acknowledge
,
that
the
Common
,
Received
Opinion
,
is
in
the
Negative
:
However
if
what
has
been
offer'd
already
,
with
regard
to
their
Convening
,
have
any
weight
in
it
;
it
must
hold
also
,
in
some
degree
,
with
respect
to
their
Conferring
,
and
Treating
,
when
met
,
about
Matters
proper
to
their
Cognizance
.
If
they
are
a
Court
,
and
have
their
Jurisdiction
;
and
are
a
Legislature
,
and
have
the
Power
of
making
Ecclesiastical
Laws
(
both
which
they
certainly
are
,
and
have
;
)
then
the
liberty
of
Conferring
,
and
Discussing
,
is
necessary
to
their
very
Existence
,
&c.
This
is
the
Summ
of
what
this
Author
And
,
1st
.
Tho'
I
will
not
enter
upon
a
New
Subject
,
yet
I
must
needs
say
,
I
am
by
no
means
satisfied
,
that
the
Church
has
either
Command
,
or
Authority
from
God
,
to
assemble
Synods
;
or
,
by
Consequence
,
any
inherent
,
and
unalterable
Right
,
to
make
any
such
authoritative
Definitions
,
as
He
supposes
,
in
Them
.
I
am
not
Aware
,
that
either
in
the
Old
,
or
New
Testament
,
there
is
so
much
as
One
single
direction
given
for
its
so
doing
.
And
,
excepting
the
singular
Instance
which
we
have
Acts
XVth
,
I
know
of
no
Example
,
that
can
,
with
any
shew
of
Reason
,
be
offer'd
,
of
such
a
Meeting
:
And
whether
that
were
such
a
Synod
,
as
we
are
now
speaking
of
,
may
very
justly
be
doubted
.
The
foundation
of
Synods
,
in
the
Church
,
is
(
in
my
Apprehension
)
the
same
,
as
of
Councils
in
the
State
.
The
necessities
of
the
Church
,
when
it
began
to
be
enlarged
,
first
brought
in
the
One
;
as
Those
of
the
Common-wealth
,
did
the
Other
.
And
therefore
,
when
Men
are
Incorporated
into
Societies
,
as
well
for
the
service
of
God
,
and
the
salvation
of
their
Souls
,
as
for
their
Civil
peace
,
and
security
;
these
Assemblies
are
to
be
as
much
subject
to
the
Laws
of
the
Society
,
and
to
be
regulated
by
Them
,
as
any
Other
publick
Assemblies
,
of
what
kind
soever
,
are
.
Nor
has
the
Church
any
Inherent
,
divine
Right
,
to
set
it
at
liberty
,
from
being
Concluded
by
such
Rules
,
as
the
Governing
part
of
every
Society
shall
prescribe
to
it
,
as
to
this
Matter
.
This
is
my
Notion
of
these
things
;
and
thus
,
I
conceive
,
Synods
are
to
be
managed
in
Christian
States
.
As
for
those
Realms
in
which
the
Civil
Power
is
of
another
Persuasion
;
natural
Reason
will
prompt
the
Members
of
every
Church
,
to
consult
together
,
the
best
they
can
,
how
to
manage
the
affairs
of
it
;
and
to
Agree
upon
such
Rules
,
and
Methods
,
as
shall
seem
most
proper
,
to
preserve
the
Peace
and
Unity
of
the
Church
;
and
to
give
the
least
offence
,
that
may
be
,
to
the
Government
under
which
they
live
.
And
what
Rules
are
by
the
Common-consent
of
Every
such
Church
agreed
to
;
ought
to
be
the
measure
for
the
assembling
,
and
acting
of
Synods
,
in
such
a
Country
.
Whether
this
notion
will
please
this
Author
,
or
no
,
I
cannot
tell
:
If
it
do's
not
,
I
hope
he
will
shew
me
wherein
my
Error
lies
,
and
how
I
may
correct
it
.
In
the
mean
time
,
this
security
I
have
,
that
,
if
I
am
mistaken
,
I
err
with
Men
of
as
great
a
Judgment
,
and
as
comprehensive
a
Knowledge
in
these
Matters
,
as
Any
can
be
who
differ
from
Me.
But
to
come
to
that
which
I
am
now
two
Convocations
,
consider'd
as
a
National
Synod
,
are
the
Highest
Ecclesiastical
Assembly
of
this
Kingdom
,
I
readily
Agree
:
Nor
shall
I
deny
,
but
that
a
Convocation
may
be
said
to
be
Essential
to
our
Constitution
.
But
that
the
frequent
sitting
of
Convocations
,
as
understood
by
this
Author
,
and
meant
of
their
sitting
as
often
as
the
Parliament
meets
;
is
therefore
One
of
the
chief
Rights
of
the
Church
,
or
,
indeed
,
any
of
its
Rights
at
all
,
unless
by
Accident
,
I
utterly
deny
.
When
the
Exigencies
of
the
Church
call
for
a
Convocation
,
and
there
is
a
manifest
need
of
its
Assembling
;
then
,
I
do
confess
,
the
Church
has
a
right
to
its
sitting
.
And
if
its
Circumstances
be
such
,
as
to
Require
their
frequent
sitting
;
during
those
Circumstances
,
it
has
a
Right
to
their
frequent
meeting
,
and
sitting
.
And
,
if
the
Prince
be
sensible
of
this
,
and
yet
will
not
suffer
his
Clergy
to
come
together
;
in
that
Case
,
I
do
acknowledge
,
that
he
would
abuse
the
trust
that
is
lodg'd
in
him
;
and
deny
the
Church
a
benefit
,
which
,
of
right
,
it
ought
to
enjoy
.
But
as
,
in
a
Well-establish'd
Church
,
it
can
hardly
be
supposed
that
there
should
be
such
a
frequent
need
of
Convocations
;
so
to
Oblige
the
Clergy
frequently
to
come
together
,
when
there
is
no
manner
of
Reason
for
their
so
doing
;
would
be
,
in
truth
,
to
injure
the
Church
,
and
oppress
its
Ministers
:
In-as
much
as
it
would
require
them
to
leave
their
Cures
,
and
be
at
the
trouble
,
and
charge
,
of
attending
the
Convocation
,
without
doing
any
manner
of
Good
,
either
to
the
Church
,
or
Realm
,
by
such
their
meeting
.
And
therefore
,
to
settle
this
first
Point
;
the
summ
of
it
is
this
:
That
the
Church
has
a
Right
to
have
its
Convocation
call'd
,
as
often
as
the
Parliament
is
Assembled
,
I
agree
:
That
the
Convocation
,
thus
called
,
has
a
Right
to
sit
,
and
act
;
whenever
the
Circumstances
of
the
Church
,
require
it
so
to
do
,
I
allow
also
.
But
that
the
Convocation
ought
of
Right
,
not
only
to
be
summon'd
,
but
to
meet
,
and
do
business
,
as
often
as
the
Parliament
sits
;
whether
there
be
any
need
for
such
its
meeting
,
or
no
,
This
I
utterly
deny
:
And
I
am
persuaded
it
would
be
a
Burden
to
the
Clergy
,
rather
than
a
Privilege
,
to
oblige
them
to
such
an
Attendance
.
This
,
then
,
is
the
first
Thing
wherein
we
differ
;
viz.
That
He
affirms
,
that
the
Convocation
ought
,
of
Right
,
not
only
to
be
summon'd
,
whenever
the
Parliament
meets
,
but
Regularly
,
and
of
Course
,
to
sit
,
and
act
too
;
tho'
there
should
not
be
any
the
least
Occasion
for
its
so
doing
.
The
next
Question
is
,
Whether
,
being
Synodical
Acts
,
without
the
King
's
special
License
,
first
had
,
to
Authorize
them
so
to
do
?
And
here
our
Author
tells
us
,
That
if
the
Convocation
be
a
Court
,
and
have
a
certain
Jurisdiction
belonging
to
it
:
Or
if
it
be
a
Legislature
,
and
have
the
Power
of
making
Ecclesiastical
Laws
,
as
it
certainly
both
is
,
and
has
;
then
the
liberty
of
Conferring
,
and
Discussing
,
is
necessary
to
its
very
Existence
.
Which
last
Expression
,
tho'
it
be
hard
to
make
any
good
sense
of
;
yet
I
readily
Agree
to
what
I
take
to
be
his
meaning
in
it
.
For
certainly
Justice
will
be
but
lamely
executed
,
and
Laws
be
very
unaccountably
made
;
if
those
who
are
to
judge
,
and
determine
,
have
not
the
liberty
of
conferring
,
and
discussing
Matters
,
in
Order
thereunto
.
But
tho'
,
when
the
Convocation
therefore
is
to
judge
,
or
make
Laws
,
They
must
,
undoubtedly
,
be
allow'd
to
Conferr
,
and
Discuss
;
yet
may
not
the
Clergy
be
restrain'd
,
by
certain
Limitations
,
from
either
judging
,
or
making
Laws
,
except
when
the
Government
shall
think
fit
to
permit
them
so
to
do
?
And
if
former
Abuses
have
made
it
necessary
for
the
Government
,
to
put
them
under
such
a
Restriction
;
and
the
Clergy
have
,
themselves
,
consented
to
it
;
and
thought
that
,
(
all
things
consider'd
,
)
it
would
be
safer
for
them
to
Act
by
the
King's
direction
,
that
at
the
Motion
of
every
Warm
,
Unthinking
Member
of
their
Own
Body
;
who
should
throw
a
snare
in
their
way
,
and
run
them
into
such
Inconveniences
,
as
they
should
not
be
able
easily
to
get
out
of
;
As
,
in
such
a
Case
,
they
would
have
no
liberty
to
judge
,
or
make
Laws
,
without
License
;
so
,
neither
would
they
have
any
need
to
conferr
,
or
discuss
,
where
They
had
no
power
to
conclude
any
thing
.
Now
this
I
affirm
to
be
Our
Case
;
and
,
I
must
freely
own
,
I
take
it
to
be
our
Happiness
that
it
is
so
.
It
being
more
than
probable
,
that
had
not
the
Prince
had
this
Tie
upon
Us
;
we
should
,
before
this
time
,
have
run
our selves
into
yet
worser
divisions
than
we
now
labour
under
;
and
,
in
all
appearance
,
have
exposed
both
Our selves
,
and
the
Church
,
for
a
prey
,
to
the
Common
Enemy
of
Both.
So
that
now
then
,
to
state
this
Other
point
aright
,
The
Question
between
us
,
is
this
:
Whether
the
Laws
,
and
Customs
,
of
this
Realm
,
have
not
Restrain'd
the
Clergy
from
entring
on
any
Synodical
Debates
,
in
Order
to
the
making
of
any
Canons
,
or
Constitutions
,
without
the
special
License
of
the
King
,
first
had
,
to
Warrant
them
so
to
do
?
That
the
King
ought
never
to
require
the
Convocation
to
meet
,
(
more
than
out
of
form
,
in
Parliament-time
;
)
but
when
He
has
some
Business
for
it
to
do
,
is
on
all
hands
agreed
.
That
when
they
do
meet
,
They
ought
to
have
:
Commission
sent
to
them
,
to
empower
them
to
go
to
work
,
and
not
sit
idly
gazing
at
one
another
,
is
also
allow'd
.
That
,
lastly
,
upon
those
Points
,
which
they
are
empowred
to
handle
,
they
ought
to
have
a
full
liberty
of
Conferring
,
Discussing
,
and
Arguing
;
That
they
ought
to
be
left
to
speak
with
all
Reasonable
Freedom
,
and
not
be
either
check'd
in
the
House
,
or
call'd
to
any
Account
out
of
it
,
for
any
thing
that
was
said
in
pursuance
of
these
Ends
;
is
readily
granted
.
The
only
difficulty
is
,
Whether
the
Convocation
being
Met
,
the
Clergy
ought
not
to
Confine
their
Debates
to
the
subject
which
the
King
proposes
to
them
;
and
not
wander
upon
any
other
Matters
,
which
shall
chance
to
be
started
,
by
any
of
their
own
Members
,
and
proceed
to
determine
Synodically
concerning
Them
?
Having
thus
reduced
the
subject
,
in
debate
,
to
its
proper
bounds
;
I
shall
now
And
,
1st
.
That
the
Convocation
has
a
Right
,
not
only
to
be
formally
summon'd
,
but
to
sit
,
and
act
too
,
as
often
as
the
Parliament
meets
;
He
endeavours
to
prove
by
these
following
Arguments
.
(
1st
.
)
From
the
Parallel
,
which
there
Convocation
.
Each
consists
of
two
Houses
,
and
these
have
(
or
should
have
)
their
several
Prolocutors
.
The
One
of
these
Courts
is
of
the
same
Power
,
and
Use
,
with
Regard
to
the
Church
,
that
the
Other
is
in
Respect
of
the
State
.
Nay
,
tho'
they
have
different
Names
,
and
the
Word
Parliament
be
appropriated
to
signifie
a
Temporal
Legislature
;
yet
anciently
the
same
Appellation
belong'd
to
them
both
.
A
Witena-Gemote
,
signified
what
We
call
a
Parliament
;
and
,
a
Church
Gemote
,
what
We
call
a
Convocation
.
And
therefore
,
One
would
think
,
that
whenever
the
Convocation
is
called
,
They
should
not
only
meet
Formally
,
but
sit
,
and
act
,
as
the
Parliament
do
;
that
there
should
be
a
Session
of
Convocation
,
as
well
as
a
Session
of
Parliament
.
—
Now
not
to
be
too
curious
in
examining
the
Parallel
,
here
offered
,
betwixt
these
two
;
and
which
were
it
as
exact
,
as
,
I
am
confident
,
it
is
not
;
would
yet
no
more
prove
their
Privileges
to
be
Equal
,
than
the
Likeness
of
two
Corporations
,
in
having
a
Mayor
,
Aldermen
,
and
Common-Council
,
would
prove
,
that
therefore
,
in
despight
of
their
several
Charters
,
they
must
have
all
the
same
Privileges
also
.
1st
.
I
am
not
satisfied
,
that
the
Convocation
is
of
the
same
Power
,
with
Regard
to
the
Church
;
that
the
Parliament
is
,
in
Respect
of
the
State
:
Because
I
am
told
,
by
very
good
Lawyers
,
that
the
Convocation
,
in
making
Ecclesiastical
Constitutions
,
must
proceed
by
certain
Rules
;
and
cannot
,
even
with
the
King's
consent
,
conclude
any
thing
contrary
to
the
Laws
,
Royal
Authority
,
can
enact
what
it
will
,
for
the
publick
Good
;
any
Law
,
Statute
,
or
Custom
,
to
the
contrary
,
in
any
wise
notwithstanding
.
2.
As
for
the
Word
Parliament
,
I
shall
not
much
contend
with
him
about
it
.
It
is
well
known
,
that
it
was
a
name
brought
in
by
the
Normans
,
and
but
late
Received
among
Us
,
to
denote
those
Meetings
of
State
,
which
were
anciently
called
mycel
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
;
Colloquium
,
Concilium
,
Synodus
,
and
the
like
.
It
is
more
extraordinary
,
which
He
tells
us
,
that
as
Wittena-Gemote
was
wont
to
signifie
what
we
call
a
Parliament
;
so
Church-Gemote
denoted
what
we
call
a
Convocation
:
And
for
which
,
I
am
confident
,
He
will
be
hard
put
to
it
,
Godolph
.
Abr.
chap
XLI
.
§
4
to
bring
us
any
Author
elder
than
Sir
Edw.
Coke
;
from
whom
,
as
poor
Godolphin
first
,
so
has
he
now
taken
it
,
at
all
Adventures
.
Tho'
,
were
this
true
,
the
Observation
would
amount
,
in
plain
English
,
to
no
more
than
this
;
That
as
a
Parliament
was
anciently
call'd
an
Assembly
of
the
Wise-men
,
so
was
a
Convocation
call'd
an
Assembly
of
Church-men
:
And
of
which
,
if
He
can
make
any
Use
,
I
shall
not
envy
him
the
Honour
of
so
weighty
,
and
critical
,
a
Remark
.
Were
it
needfull
,
in
Return
to
these
little
Remarks
,
to
mention
the
several
Differences
that
might
be
assigned
between
these
two
Assemblies
;
I
might
easily
enlarge
them
into
many
more
particulars
,
and
of
much
greater
Importance
,
than
Those
which
He
has
alledged
.
To
say
nothing
of
the
Convocations
,
being
multiplied
according
to
the
number
of
the
Provinces
into
which
the
Church
is
divided
;
and
representing
the
Clergy
,
not
of
the
whole
Church
,
but
only
of
One
part
of
it
;
whereas
the
Parliament
is
an
Assembly
for
the
whole
Realm
:
The
manner
of
Consulting
,
Resolving
,
and
Acting
,
is
very
different
,
in
the
One
,
and
in
the
Other
.
The
Authority
of
the
Archbishop
,
is
much
other
in
the
Convocation
,
than
the
Lord-Keepers
is
in
the
Parliament
.
But
especially
,
the
Power
of
the
Parliament
in
making
Laws
,
free
and
unbounded
;
whereas
the
Convocation
is
,
by
Authority
of
Parliament
,
determined
both
in
its
Principle
,
and
Power
,
of
Acting
:
And
can
neither
Debate
effectually
,
nor
Resolve
,
to
any
purpose
,
of
any
thing
,
but
what
is
Agreeable
to
the
Laws
of
the
Realm
;
and
,
is
no
wise
prejudicial
to
the
Civil
interests
of
any
.
But
,
to
allow
of
the
supposed
Parallel
,
between
the
Parliament
,
and
Convocation
;
What
will
this
Gentleman
inferr
from
it
?
Not
,
I
hope
,
that
the
One
should
therefore
●it
,
and
act
,
whenever
the
Other
do's
.
A
Father
,
for
example
,
has
two
Sons
:
They
are
both
his
Children
;
both
of
the
same
Sex
;
both
Equally
Related
to
Him
;
perhaps
,
and
both
Equally
Beloved
by
Him
.
But
will
this
Author
from
thence
conclude
,
That
they
have
an
Equal
Right
to
his
Estate
,
and
ought
Equally
to
succeed
in
it
?
This
would
be
a
very
Agreeable
conclusion
,
to
many
,
I
make
no
doubt
;
but
,
I
am
afraid
,
will
hardly
be
allow'd
,
by
the
Elder
Brothers
,
to
be
a
Just
One
.
'T
is
true
,
a
Father
,
in
this
Case
,
may
possibly
have
left
them
Portions
alike
;
and
have
made
them
as
equal
in
their
Fortunes
,
as
they
were
in
their
Relation
to
him
.
And
so
,
perhaps
,
Our
Constitution
may
have
made
the
Parliament
,
and
the
Convocation
.
But
whether
the
Father
has
done
this
,
must
be
proved
from
the
settlement
of
his
Estate
;
and
not
from
any
supposed
Equality
of
Right
in
his
Sons
to
his
Affection
.
And
whether
Our
Constitution
has
given
these
Assemblies
an
Equal
right
,
to
meet
,
●it
,
and
act
;
must
be
determined
by
the
Laws
,
and
Customs
of
the
Realm
,
and
not
be
collected
from
imaginary
Parallels
,
and
wild
Inferences
;
which
have
neither
any
Law
,
and
but
very
little
Sense
in
Them
.
3.
As
for
those
State
Maxims
,
which
he
Civil
Affairs
;
or
the
Interest
which
Both
the
Prince
,
and
People
,
may
have
,
in
the
Assembling
of
it
;
there
must
,
in
all
probability
,
be
always
a
much
greater
need
of
Frequent
Parliaments
,
for
the
benefit
of
the
State
;
than
of
Frequent
Convocations
,
for
the
Welfare
of
the
Church
.
When
a
National
Church
is
once
thoroughly
Establish'd
,
and
neither
needs
any
farther
Laws
to
be
made
for
the
enforcing
of
its
Discipline
;
or
any
new
Confessions
to
be
framed
,
for
the
security
of
its
Doctrine
:
When
its
Liturgy
,
and
other
Offices
,
are
fix'd
,
and
stated
;
and
there
is
so
far
from
being
any
need
of
altering
,
or
improving
any
of
these
,
that
it
is
thought
a
Crime
but
even
to
suppose
that
it
is
possible
to
improve
them
;
or
to
make
any
Alterations
,
but
for
the
Worse
,
in
them
:
I
cannot
imagine
,
untill
something
arises
to
unsettle
such
a
Constitution
,
what
a
Convocation
could
have
to
meet
about
.
But
this
is
not
the
Case
of
the
Civil
State
;
which
is
,
God
knows
,
subject
to
many
more
changes
than
the
Ecclesiastical
;
and
will
oftner
want
to
have
publick
Remedies
applied
,
for
the
redress
,
or
prevention
,
of
its
publick
Evils
.
Perhaps
a
Prince
arises
who
affects
an
Arbitrary
sway
;
and
his
Ministers
joyn
in
the
same
designs
with
him
;
and
nothing
less
than
the
Authority
of
a
Parliament
,
can
put
a
stop
to
their
Attempts
.
This
therefore
may
make
it
necessary
,
in
times
of
Peace
,
and
Quietness
,
for
the
Parliament
to
meet
at
certain
times
,
to
prevent
such
attempts
;
and
to
keep
every
Member
,
of
the
Constitution
,
within
its
due
bounds
:
And
such
was
the
Case
of
the
last
Reign
.
It
may
be
the
Common-wealth
is
assaulted
by
its
Enemies
from
abroad
;
and
those
Enemies
are
countenanced
by
a
factious
,
discontented
Party
at
home
;
and
it
is
necessary
for
the
Parliament
to
meet
,
and
to
raise
Supplies
,
for
the
Defence
of
the
Realm
,
against
the
One
;
and
to
make
some
new
Laws
for
the
suppression
,
or
discovery
,
of
the
Others
:
And
this
has
been
the
Case
of
the
present
Government
.
But
now
what
Effect
have
all
these
Civil
Exigencies
had
upon
the
Affairs
of
the
Church
:
Unless
it
be
,
that
an
Act
of
Toleration
has
been
made
,
which
our
Author
professes
He
envies
not
to
the
Dissenters
;
or
,
if
He
did
,
I
hope
He
would
not
have
the
Convocation
pretend
to
Repeal
it
.
In
short
,
all
he
can
alledge
are
certain
disorders
,
which
either
there
is
a
sufficient
provision
already
made
against
;
Or
,
if
there
be
not
,
I
doubt
the
Convocation
will
hardly
be
able
to
do
any
thing
farther
,
for
the
more
effectual
Redress
of
Them
.
But
however
,
this
I
shall
have
Occasion
more
particularly
to
consider
,
when
I
come
to
examine
,
what
He
has
said
,
to
prove
the
necessity
,
which
He
pretends
,
there
is
,
for
the
sitting
of
a
Convocation
.
And
I
must
not
anticipate
here
,
what
will
more
properly
,
as
well
as
more
fully
,
be
handled
there
.
So
little
is
there
,
in
his
first
Argument
,
which
he
has
brought
to
prove
,
that
the
Convocation
has
a
Right
to
sit
,
as
often
as
the
Parliament
meets
;
and
has
been
unwarrantably
deny'd
,
by
the
Government
,
Now
that
(
2dly
)
is
no
less
than
an
Act
Parliament
,
8
Hen.
VI.
ch.
1.
The
substance
of
which
Statute
is
this
:
That
the
Clergy
,
who
are
called
,
by
the
King
's
Writ
,
to
Convocation
,
shall
fully
Use
,
and
Enjoy
,
such
Liberty
,
and
Defence
,
in
Coming
,
Tarrying
,
and
Returning
,
as
the
Great
Men
,
and
Commonalty
of
England
,
called
,
or
to
be
called
,
to
the
Kings
Parliament
,
do
Enjoy
,
and
were
wont
to
Enjoy
,
or
in
time
to
come
,
ought
to
Enjoy
.
Well
,
be
this
so
:
But
is
there
any
thing
in
this
Statute
which
says
,
that
the
Clergy
shall
come
to
the
Convocation
,
when
ever
the
Great
Men
,
and
Commonalty
of
England
,
do
to
the
Parliament
?
That
is
not
pretended
.
But
what
is
there
then
in
this
Act
,
to
the
purpose
of
our
present
Enquiry
?
Why
,
in
the
Preamble
to
it
,
't
is
said
,
that
The
Clergy
Coming
to
Convocation
,
were
often-times
,
and
commonly
,
molested
:
From
whence
our
Author
,
admirably
concludes
,
That
,
therefore
,
they
did
oftentimes
,
and
commonly
,
in
those
days
,
meet
in
Convocations
.
That
this
can
reasonably
be
inferr'd
from
those
words
,
I
am
,
by
no
means
,
satisfied
;
which
only
signifie
,
that
when
the
Clergy
went
to
Convocation
,
they
were
very
often
molested
,
by
Arrests
,
&c.
but
do's
not
at
all
imply
,
that
the
Convocation
used
often
to
meet
.
However
,
let
this
be
Granted
:
In
Henry
the
Sixth's
time
the
Convocation
often
met
,
therefore
it
met
whenever
the
Parliament
sate
.
How
do's
that
appear
?
Nay
,
but
we
must
go
farther
;
Therefore
,
of
right
,
it
ought
to
meet
now
,
whenever
the
Parliament
do's
?
Nay
,
but
this
will
not
yet
do
:
Therefore
,
it
ought
not
only
formally
to
meet
,
but
to
sit
,
and
act
too
,
as
often
as
the
Parliament
assembles
.
This
,
our
Author
must
mean
,
or
He
alledges
this
act
to
no
purpose
:
And
he
who
can
draw
this
Consequence
,
from
that
Act
,
must
be
a
mighty
Man
of
Reason
indeed
;
and
too
unequal
a
Match
,
for
Men
of
ordinary
Skill
in
Logick
to
deal
with
.
And
yet
,
after
all
,
this
I
confess
is
true
:
The
Convocation
,
in
those
days
,
did
sit
,
and
act
too
,
for
the
most
part
,
as
often
as
the
Parliament
met
.
For
the
Clergy
,
in
those
days
,
assessed
Themselves
;
and
without
their
sitting
,
either
as
a
Member
of
the
Parliament
,
(
which
heretofore
they
were
;
)
Or
in
a
Provincial
Synod
,
which
commonly
met
with
the
Parliament
;
the
King
could
have
no
supply
from
the
Church
.
But
as
for
Ecclesiastical
business
,
for
ought
I
can
find
,
they
did
as
little
with
their
Often-meeting
then
,
as
they
do
with
their
Seldom-meeting
now
.
And
were
this
the
Case
of
the
Convocation
still
;
were
the
business
of
its
assembling
,
principally
,
if
not
only
,
to
give
Money
to
the
Government
;
I
believe
,
instead
of
this
Vindication
of
its
Right
to
●it
,
we
should
rather
have
seen
a
Complaint
against
the
charge
and
trouble
of
it
:
At
least
,
I
am
pretty
confident
,
neither
this
Gentleman
,
nor
his
Convocation-Friend
,
would
have
been
much
concern'd
for
their
Meeting
;
or
have
been
at
all
scandalized
at
those
unwarrantable
Adjournmen's
,
they
have
now
so
tender
a
sense
of
.
But
(
3dly
)
The
Convecation
,
says
this
Author
,
is
an
Ecclesiastical
Court.
To
it
in
ancient
times
,
it
was
frequently
,
and
of
necessity
,
used
for
that
End
;
for
without
it
there
could
be
no
punishment
of
Heresie
.
Since
the
25th
of
Hen
VIII
.
this
is
,
in
good
measure
,
again
the
Case
:
And
,
it
cannot
reasonably
be
supposed
to
be
in
the
King
's
absolute
Will
,
whether
it
shall
exercise
this
Jurisdiction
,
or
not
.
This
is
his
next
Argument
;
and
should
we
intirely
allow
of
it
,
it
would
only
prove
that
the
King
ought
to
permit
Them
to
meet
,
and
act
,
whenever
any
Hereticks
were
to
be
convicted
by
Them
:
But
would
by
no
means
shew
,
either
that
they
have
a
right
,
even
in
such
a
Case
,
to
meet
,
without
the
King's
leave
;
Or
that
the
King
ought
,
of
Right
,
to
let
them
sit
,
when
there
is
no
such
need
of
it
.
But
indeed
,
if
my
Lord
Coke
be
in
the
Ecclesiastical
Censures
,
against
Hereticks
.
All
that
he
was
defective
in
,
was
,
that
He
had
no
power
to
Imprison
;
and
,
for
want
of
that
,
could
not
proceed
,
often-times
,
to
any
purpose
against
them
.
This
Power
,
therefore
,
was
given
to
the
Bishop
by
the
2d
of
Hen.
IV.
And
tho'
now
the
Civil
Penalty
,
that
was
wont
to
be
inflicted
upon
Hereticks
,
be
taken
away
;
yet
has
it
been
resolved
,
that
the
Bishop
may
still
proceed
Ecclesiastical
Censures
against
Them
.
Whether
this
be
so
or
not
,
I
shall
leave
it
to
this
Gentleman
to
enquire
;
who
,
possibly
,
may
be
better
acquainted
with
such
matters
than
I
am
:
But
,
if
it
be
,
then
't
is
manifest
there
can
be
no
need
of
the
Convocations
meeting
to
do
that
,
which
may
be
as
well
done
by
the
Bishops
without
it
.
And
these
are
only
some
lesser
Arguments
●s
an
Argument
of
Invincible
Strength
,
to
Establish
the
Necessity
of
Convocations
meeting
,
as
often
as
Parliaments
.
In
answer
whereunto
,
I
do
readily
agree
,
that
when
the
Proemonition
to
the
Bishop
,
to
Summon
his
Clergy
to
Parliament
,
was
first
put
into
that
Writ
;
the
Clergy
thereby
summon'd
,
had
as
much
right
to
meet
,
by
Vertue
of
it
,
as
the
Bishop
himself
had
.
And
it
is
accordingly
,
by
Our
best
Antiquaries
,
acknowledged
;
that
,
in
Ancient
times
,
the
Inferior
Clergy
,
were
a
Member
of
the
Great
Council
of
the
Nation
,
as
well
as
the
Bishops
and
Abbots
.
But
then
this
is
a
Convocation
that
,
for
many
years
past
,
has
had
no
Existence
.
And
the
Convocation
,
of
which
we
are
now
disputing
,
is
quite
another
thing
:
Is
summon'd
by
another
kind
of
Writ
;
and
consisted
of
another
sort
of
invincible
Argument
,
has
one
terrible
defect
in
it
;
that
,
whether
it
could
otherwise
be
answer'd
or
not
,
yet
't
is
evidently
nothing
at
all
to
the
purpose
.
But
here
,
our
Author
objects
against
himself
:
That
,
once
upon
a
time
,
the
Archbishop
Own
Authority
,
Fitz-herbert
,
Lord
Chief
Justice
;
but
the
Archbishop
regarded
not
his
Prohibition
.
What
this
is
to
his
purpose
,
I
cannot
tell
;
nor
do
I
see
wherefore
he
brought
it
in
,
unless
it
were
to
blame
Rolls
for
quoting
private
Collections
,
(
for
I
have
before
taken
notice
of
this
passage
,
and
that
not
from
Speed
,
but
from
Roger
Hoveden
,
from
whom
,
I
suppose
,
Speed
may
also
have
taken
the
Relation
.
I
shall
therefore
only
beg
leave
to
set
this
Gentleman
(
to
whom
all
our
Historians
are
,
I
doubt
,
equally
unknown
)
right
,
in
two
particulars
;
by
telling
him
,
that
neither
was
Fitz-herbert
the
Man
who
prohibited
Chief
Justice
,
when
he
did
it
.
His
Name
was
Geoffrey
Fitz-Peter
:
He
was
Earl
of
Essex
,
and
a
very
Eminent
Man
in
those
days
:
And
his
Place
was
much
greater
than
this
Author
represents
it
;
even
Lord
Justice
of
England
;
Mat.
Paris
.
pag.
193.
which
he
was
first
made
by
King
Richard
,
Anno
1198.
And
held
,
in
the
King's
absence
,
to
his
death
,
Anno
1213
:
In
which
And
now
we
are
come
to
a
low
Ebb
indeed
;
the
description
of
the
Convocation
,
Long
Parliament
of
1641
,
who
thought
it
could
not
lawfully
be
held
,
but
while
the
Parliament
sate
.
Well
,
what
follows
?
Why
,
therefore
the
Convocation
has
a
Right
to
sit
,
and
act
,
as
often
as
the
Parliament
meets
.
For
a
close
Reasoner
,
let
this
Author
alone
.
In
the
mean
time
,
I
have
before
shewn
,
that
tho'
the
Convocation
be
Summon'd
These
then
are
the
Arguments
which
this
first
assertion
;
namely
,
That
the
Convocation
has
a
Right
to
sit
,
and
act
;
not
only
upon
all
such
Occasions
,
as
the
Necessities
of
the
Church
,
or
Realm
,
require
it
should
;
but
generally
,
and
without
regard
to
any
thing
there
is
for
them
to
do
,
as
often
as
the
Parliament
is
Assembled
.
I
proceed
,
II
dly
.
To
consider
,
What
he
has
alledged
for
his
Other
Position
;
Viz.
That
,
being
met
,
they
have
no
need
of
any
License
from
the
King
to
empower
them
to
act
:
but
may
conferr
,
debate
,
and
make
Canons
,
and
do
any
other
Synodical
business
,
which
they
think
fit
,
by
their
Own
Authority
:
And
that
either
no
Commission
at
all
is
needfull
,
to
enable
them
to
do
this
;
or
that
if
there
be
,
it
ought
of
Course
,
to
be
granted
to
Them
.
In
order
whereunto
,
I
must
,
in
the
first
place
,
observe
,
that
those
who
affirm
that
the
King's
License
is
necessary
to
warrant
the
Convocation
to
act
,
do
not
sound
their
Opinion
either
upon
the
Power
he
has
to
supreme
Authority
,
which
Every
Christian
Prince
,
as
such
,
has
,
in
Ecclesiastical
Matters
;
And
by
vertue
whereof
,
whenever
they
have
admitted
their
Clergy
to
meet
in
Synods
,
they
have
still
prescribed
to
them
the
Rules
,
by
which
they
were
to
proceed
in
Them
:
Or
else
,
2dly
,
In
Particular
;
Upon
the
Statute
of
the
25
Hen.
VIII
.
which
has
expressly
declared
this
Power
to
belong
to
the
King
;
and
forbidden
the
Clergy
to
presume
to
act
,
Otherwise
,
than
in
subordination
thereunto
.
But
against
this
our
Author
excepts
:
For
(
first
)
Is
the
Case
be
so
;
Then
is
the
Convocation
an
Assembly
to
little
or
no
purpose
whatsoever
.
—
If
their
Tongues
be
entirely
at
the
King's
Will
,
't
is
improper
to
give
their
Resolutions
any
Title
,
but
the
King's
Rules
,
and
Ordinances
.
They
are
to
all
intents
and
purposes
His
,
upon
whose
Will
not
only
their
Meeting
,
but
their
very
Debating
depends
.
In
answer
whereunto
,
I
reply
,
First
:
That
either
there
is
really
no
Inconvenience
in
all
this
;
Or
if
there
be
,
it
follows
not
from
what
I
am
now
asserting
.
For
certain
it
is
,
that
this
was
the
Case
of
the
famous
Councils
,
that
were
ever
held
in
the
Church
:
And
which
were
not
only
call'd
by
the
Emperour's
Authority
;
but
,
being
met
,
acted
intirely
according
to
their
prescription
.
But
indeed
,
I
cannot
perceive
,
that
any
of
those
hard
things
,
this
Author
so
much
complains
of
,
do
at
all
follow
from
this
supposition
.
For
what
tho'
the
King
do's
propose
to
them
the
Subject
of
their
Debates
;
What
they
are
to
consult
about
;
and
draw
up
their
Resolutions
upon
?
Are
They
not
still
free
to
deliberate
,
conferr
,
resolve
,
for
all
that
?
Will
not
their
Resolutions
be
their
Own
,
because
the
King
declared
to
them
the
General
Matter
upon
which
they
were
to
consult
?
Is
a
Counsellor
at
Law
of
no
use
;
or
has
he
no
freedom
of
Opinion
,
because
his
Client
puts
his
Case
to
Him
?
Or
,
do's
our
Law
unsitly
call
the
Answer
of
a
Petit-Jury
,
its
Verdict
,
because
the
Judge
Summ'd
up
the
Evidence
to
them
,
and
directed
them
not
only
upon
what
points
,
but
from
what
proof
,
they
were
to
Raise
it
?
What
strange
Notions
of
things
must
a
Man
have
,
who
argues
at
such
a
Rate
as
this
:
And
might
,
upon
as
good
Grounds
,
affirm
the
Parliament
its
self
not
to
be
free
,
as
he
has
deny'd
the
Convocation
to
be
so
;
because
that
,
in
the
main
parts
of
their
Debates
,
That
also
is
as
much
,
tho'
not
so
necessarily
,
directed
by
the
King
,
in
what
He
would
have
them
consult
about
.
I
have
insisted
the
more
upon
this
particular
,
because
it
is
one
of
the
most
popular
Arguments
he
has
offer'd
in
defence
of
his
Opinion
;
tho'
,
alas
!
't
is
at
best
but
miserable
Harangue
,
to
oppose
against
the
Express
Authority
of
the
Law
,
and
the
Common
Prerogative
which
All
Christian
Princes
have
,
from
the
beginning
,
laid
claim
to
,
as
to
this
Matter
.
But
He
urges
farther
,
(
2dly
.
)
That
supposing
a
License
were
necessary
,
yet
for
that
very
Reason
it
ought
to
be
Granted
:
And
it
matters
not
much
whether
we
say
that
a
License
ought
,
ex
debito
Justitiae
,
to
be
Granted
to
empower
them
to
deliberate
;
Or
whether
they
have
,
of
Themselves
,
a
Power
of
deliberation
,
without
such
License
expressly
given
.
That
whenever
the
King
requires
the
Convocation
to
sit
,
he
ought
to
send
them
a
License
to
act
,
is
out
of
doubt
:
because
otherwise
,
he
would
either
oblige
them
to
meet
to
no
purpose
;
or
would
lay
a
snare
in
their
way
,
by
bringing
them
together
,
and
putting
them
upon
acting
without
a
License
;
which
,
by
Law
,
they
ought
not
to
do
.
But
that
this
is
granted
Ex
debito
Justitiae
,
I
utterly
deny
;
because
special
Grace
,
and
meer
Motion
;
which
cannot
with
any
propriety
of
Speech
be
said
,
of
what
in
justice
belongs
to
them
.
The
truth
of
the
Case
is
this
:
The
25
of
Hen.
8th
has
restored
the
Crown
to
its
Royal
Authority
,
as
to
this
matter
.
It
has
put
the
Power
of
directing
the
Convocation
,
(
as
of
Right
it
ought
to
be
)
into
the
King's
hands
.
They
cannot
Act
without
his
Licence
;
and
he
is
not
Obliged
,
by
any
Law
,
to
grant
it
to
them
:
but
may
allow
,
or
not
allow
them
to
Do
business
,
as
he
thinks
it
will
be
most
expedient
for
the
Churches
Welfare
.
That
therefore
the
King
do's
,
at
any
time
,
Grant
them
such
a
Licence
,
is
of
his
Own
Good
Pleasure
;
Nor
can
it
any
Otherwise
be
accounted
a
Debt
of
Justice
,
than
as
he
is
Obliged
in
Justice
to
his
People
,
to
Do
whatsoever
he
thinks
to
be
for
the
Publick
Good
.
But
yet
,
in
point
of
Reason
,
it
must
be
confess'd
,
that
the
King
either
ought
not
to
Require
his
Clergy
to
meet
together
,
more
than
for
Form
sake
;
Or
that
if
he
do's
,
He
ought
to
Commission
Them
to
act
too
:
That
so
they
may
neither
meet
to
no
purpose
;
or
which
is
Worse
,
do
it
to
their
Own
detriment
,
by
Acting
Otherwise
than
the
Law
allows
Them
to
do
And
therefore
,
I
do
Agree
,
that
,
in
a
very
large
,
improper
sense
of
the
Words
,
it
may
be
said
that
when
they
do
sit
,
a
Licence
ought
,
ex
debito
Justitiae
,
to
be
Granted
to
them
.
Because
they
ought
not
to
sit
,
but
when
their
sitting
will
be
for
the
Good
of
the
Church
;
and
when
that
is
so
,
the
King
is
obliged
in
Justice
to
the
Church
,
to
give
them
Licence
to
Act.
But
,
in
this
Gentleman's
sense
,
I
utterly
deny
,
either
that
the
Convocation
has
any
right
to
Meet
whenever
the
Parliament
do's
:
Or
that
upon
every
such
Formal
Assembling
,
they
ought
to
have
a
Commission
sent
to
them
,
to
Empower
them
to
Act
;
tho'
I
still
affirm
that
they
are
not
at
Liberty
to
Act
without
it
.
As
for
what
is
here
again
urged
(
3ly
)
from
the
Rights
of
the
Parliament
;
It
Legislative
Power
in
their
Hands
.
They
neither
are
Restrain'd
by
any
Laws
;
nor
is
it
possible
they
should
be
.
But
the
Convocation
is
truly
,
no
more
than
an
Ecclesiastical
Council
.
It
s
business
is
to
Advise
,
and
Assist
the
King
in
things
pertaining
to
the
Church
.
And
tho'
I
know
it
will
displease
this
Author
to
be
told
so
,
yet
I
must
again
put
him
in
mind
,
that
the
Clergy
have
no
power
to
make
laws
.
They
may
draw
up
Canons
,
and
Constitutions
,
within
the
Limits
which
the
Parliament
has
set
to
them
;
and
the
King
may
confirm
them
;
And
that
being
done
,
they
will
have
a
due
force
:
But
still
Laws
they
are
not
,
unless
in
a
very
imperfect
Sense
;
the
same
in
which
the
Convocation
is
a
Legislature
,
and
the
Master
of
a
family
a
Monarch
within
his
Own
House
.
But
tho'
I
cannot
therefore
joyn
with
this
Author
in
his
Argument
;
yet
I
heartily
concurr
with
him
in
his
Conclusion
of
it
:
That
an
English
,
Christian
is
as
much
Obliged
by
the
Laws
and
Usages
,
had
and
accustomed
in
this
Kingdom
,
in
regard
to
the
Church
;
as
the
Sovereign
of
England
is
,
with
relation
to
the
State
.
This
,
I
say
,
is
unquestionably
true
;
and
brings
us
to
the
true
way
of
deciding
the
Point
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
produced
,
and
those
Usages
made
out
,
and
I
submit
.
But
if
according
both
to
the
Laws
and
Usages
of
the
Realm
,
the
Convocation
be
wholly
in
the
King's
hands
;
(
As
I
think
I
have
abundantly
shew'd
that
it
is
)
then
let
our
Author
be
concluded
by
his
Own
Rule
;
and
Render
unto
Caesar
the
things
that
are
Caesar's
;
to
God
,
the
things
that
are
God's
.
But
our
Author
here
again
objects
to
himself
;
what
,
if
he
had
not
,
I
dare
just
bounds
,
it
is
evidnetly
supposed
,
that
they
may
intermeddle
with
any
Other
Matter
,
without
Express
Licence
.
Whether
that
be
supposed
,
or
no
,
I
cannot
tell
;
this
I
am
sure
is
,
that
the
Clergy
,
in
those
days
,
were
but
too
apt
to
meddle
with
matters
,
in
their
Convocation
,
that
did
not
at
all
belong
to
them
.
And
I
doubt
,
were
some
mens
Notions
allow'd
of
,
we
should
find
but
too
much
need
of
having
these
kind
of
Prohibitions
brought
again
into
Practice
.
But
,
the
truth
is
,
when
those
Prohibitions
were
wont
to
be
sent
to
the
Convocation
;
the
Clergy
,
oftentimes
,
did
not
only
Meet
,
but
Act
too
,
without
the
King's
Licence
:
And
by
both
usurp'd
upon
the
Royal
Authority
.
And
to
suppress
these
abuses
,
and
to
vindicate
the
King's
Supremacy
,
it
was
,
that
the
Statute
of
the
25
H.
8.
c.
19.
was
pass'd
.
Since
which
time
we
meet
with
none
of
these
Prohibitions
;
and
I
hope
the
Crown
will
never
fall
any
more
into
such
hard
Circumstances
,
as
to
stand
,
again
,
in
need
of
them
.
As
for
what
this
Author
,
in
the
next
We
are
now
come
to
the
main
Point
;
and
which
Our
Author
,
therefore
,
And
here
,
I
shall
neither
enter
into
any
Controversy
with
this
New
Critick
,
about
the
propriety
of
Expression
,
in
which
Our
Acts
are
too
often
defective
;
Nor
complain
of
his
very
Partial
,
and
Imperfect
Recital
of
it
:
Tho'
in
this
,
he
will
find
it
hard
to
justifie
himself
to
those
,
who
will
take
the
pains
to
compare
the
Words
of
the
Statute
,
with
that
Account
which
he
has
given
,
doubtfully
drawn
up
,
as
to
be
really
capable
of
either
of
the
Senses
here
contended
for
;
(
which
yet
truly
I
think
it
is
not
:
)
will
only
consider
whether
there
be
not
much
more
reason
to
preferr
Oars
,
than
to
allow
of
His.
For
which
end
,
1st
,
I
would
Ask
this
Author
:
Whether
,
supposing
One
of
these
Senses
can
evidently
be
made
appear
to
have
been
Always
,
and
Universally
Received
,
as
the
meaning
of
this
Act
,
ever
since
it
was
Made
;
and
the
Other
be
Confessedly
a
New
,
and
Singular
,
(
for
I
must
not
now
say
a
Forced
)
Interpretation
of
it
;
that
Ought
not
in
all
Reason
to
be
Stuck
to
,
which
has
prevail'd
from
the
beginning
,
rather
than
That
which
was
never
Allow'd
of
;
nor
,
for
ought
I
know
,
so
much
as
heard
of
,
till
this
Gentleman
first
enlightned
the
World
with
it
?
Again
:
2dly
:
Let
me
demand
farther
;
Whether
this
will
not
be
still
more
Reasonable
,
if
it
can
be
shewn
,
that
that
Sense
of
this
Statute
,
which
we
Affirm
has
hitherto
Universally
Obtain'd
,
has
also
been
confirm'd
by
the
Constant
Practice
of
Those
who
were
most
concern'd
to
Enquire
into
the
Meaning
of
it
;
And
had
,
withall
,
the
Best
Opportunities
of
knowing
what
was
indeed
intended
by
the
Legislators
in
Making
of
it
?
3dly
,
and
lastly
:
Let
me
Ask
;
Whether
we
ought
not
,
yet
more
undoubtedly
to
acquiesce
in
this
Sense
;
if
it
has
been
Generally
,
and
Constantly
admitted
,
not
only
by
such
as
were
the
most
Concern'd
,
and
best
Qualified
,
to
judge
of
it
;
but
whose
Interest
it
was
,
withall
,
to
have
declared
against
this
Sense
,
and
to
have
Asserted
that
Other
,
which
this
Author
has
here
advanced
;
supposing
there
had
been
any
Rational
Ground
for
Them
so
to
do
?
These
,
I
conceive
,
are
very
plain
Questions
;
and
either
this
Gentleman
must
recede
from
the
most
Commonly
,
Received
Rules
of
Interpreting
Laws
;
or
he
must
Consent
to
the
Reasonableness
of
them
,
and
be
Concluded
by
Them
.
To
apply
then
these
General
Rules
to
the
Case
in
hand
:
I
believe
no
reasonable
Own
Laws
,
as
any
Other
Person
whatsoever
can
pretend
to
.
They
have
had
their
Judges
;
their
Council
learned
in
the
Law
;
their
Own
Great
Counsellours
,
at
all
times
,
to
advise
with
:
And
these
have
not
only
Authority
to
make
an
Authentick
declaration
of
the
Sense
of
any
Statute
;
but
have
been
actually
consulted
by
Them
,
concerning
the
meaning
of
this
very
Act.
Unless
we
should
be
so
unreasonable
as
to
Suppose
,
that
Our
Princes
have
from
time
to
time
sent
Commissions
to
their
Convocations
,
to
empower
them
to
Act
;
See
that
of
K.
Ch.
I.
Append.
n.
v.
And
that
with
peculiar
Relation
to
this
Law
;
and
yet
never
Consulted
with
their
Judges
,
&c.
in
drawing
of
them
;
Or
were
ever
better
inform'd
by
Them
,
when
they
saw
how
Grosly
they
had
mistaken
the
Sense
of
it
.
But
it
may
be
our
Kings
were
Parties
in
this
Case
,
and
had
an
interest
to
prefer
this
Interpretation
of
that
Statute
before
the
Other
;
that
so
they
might
the
better
Exalt
their
Own
Power
by
it
.
Let
this
also
be
supposed
:
But
still
I
hope
the
Convocation
its
self
had
no
interest
to
joyn
with
them
in
this
design
;
and
to
help
,
by
a
wrong
interpretation
of
this
Act
,
to
bring
themselves
into
Bondage
.
That
,
next
to
the
King
,
the
Convocation
may
be
accounted
as
well
Qualified
to
understand
the
true
Sense
of
a
Statute
,
which
it
so
nearly
concern'd
them
to
look
into
,
as
any
Private
Critick
,
I
believe
no
Modest
Man
will
deny
.
Our
Author
,
I
am
sure
,
has
too
Great
a
Veneration
for
that
Learned
Body
,
to
doubt
of
their
Ability
;
I
had
almost
said
Authority
,
to
Expound
an
Act
of
Parliament
.
Let
him
therefore
tell
us
;
What
Convocation
has
there
been
,
ever
since
this
Act
was
made
,
that
has
ever
refused
the
King's
Licence
,
sent
to
them
in
pursuance
of
it
?
Or
has
Protested
against
it
?
Or
has
ventured
to
proceed
to
Conferr
,
Deliberate
,
and
Make
Canons
,
without
the
King's
Licence
first
Obtain'd
,
to
Warrant
them
so
to
do
?
That
our
Kings
have
constantly
sent
their
Commissions
to
them
,
to
keep
them
from
falling
under
the
Censure
of
this
Statute
,
We
are
very
sure
.
That
Our
Convocations
have
evermore
thankfully
received
these
Commissions
;
and
proceeded
to
Act
under
the
Authority
of
Them
,
cannot
be
deny'd
.
That
they
have
refused
to
Act
till
they
Received
the
King's
Licence
;
and
when
they
have
suspected
that
the
date
of
it
was
determined
,
have
insisted
upon
having
a
New
One
sent
to
Them
,
we
can
prove
,
beyond
any
Reasonable
Exception
.
But
that
ever
any
Convocation
Rejected
such
a
Licence
;
or
presumed
to
Act
without
it
;
from
the
time
that
this
Law
was
made
,
I
have
never
heard
,
nor
can
this
Gentleman
,
I
believe
,
give
me
an
Instance
of
Either
.
I
conclude
therefore
,
that
supposing
there
were
indeed
a
just
Ground
to
doubt
of
the
meaning
of
this
Statute
;
(
which
yet
I
must
again
profess
,
to
my
Apprehension
,
there
is
not
)
yet
still
,
That
Sense
of
it
which
has
Obtain'd
ever
since
it
was
made
;
according
to
which
Our
Kings
have
for
above
150
Years
proceeded
to
Give
such
Licences
,
as
we
now
contend
for
,
to
their
Convocations
;
And
their
Convocations
have
continued
to
accept
of
,
and
to
Act
by
them
:
Which
our
Greatest
Lawyers
have
declared
themselves
in
favour
of
;
and
which
no
Man
,
that
,
I
know
of
,
besides
this
One
Author
,
has
ever
pretended
to
call
in
Question
:
I
say
that
Sense
,
which
has
all
these
Advantages
;
and
is
,
in
its
self
,
most
agreeable
to
the
Words
of
the
Act
,
and
the
Occasion
that
was
given
to
the
making
of
it
;
ought
,
in
all
Reason
,
to
be
preferr'd
to
any
new
Construction
that
can
be
set
up
against
it
;
tho'
such
construction
might
,
in
some
measure
,
be
made
of
the
Words
of
the
Law
,
and
afford
some
shew
of
Reason
,
to
enable
a
Witty
Man
to
talk
very
plausibly
in
favour
of
it
.
Whether
these
Considerations
will
seem
sufficient
to
this
Author
,
to
justifie
the
Old
,
Received
Sense
of
this
Statute
,
I
cannot
tell
:
nor
do's
the
King's
Authority
depend
so
much
upon
it
,
that
I
should
need
to
say
any
more
to
it
.
That
without
his
Writ
,
the
Convocation
cannot
Meet
,
this
Gentleman
himself
acknowledges
.
And
I
am
sure
whenever
the
King
shall
think
fit
to
let
them
Meet
,
He
will
send
Them
his
Licence
to
Act
too
.
If
they
accept
his
Licence
,
and
proceed
to
Act
by
vertue
of
it
,
this
will
afford
us
a
new
Argument
to
prove
,
that
we
are
not
mistaken
in
the
Sense
we
give
of
this
Statute
.
If
not
,
we
shall
then
,
in
all
probability
,
be
set
Right
in
it
;
and
upon
a
Judicial
determination
(
which
this
Author
tells
us
was
wanting
in
Cokes
Report
)
be
satisfied
,
what
Skill
this
No
Sense
,
yet
there
may
not
be
Good
Law
,
on
the
side
of
the
King's
Prerogative
.
And
now
,
I
may
venture
to
say
,
we
a
Right
to
send
Commissioners
to
sit
with
the
Clergy
in
Convocation
(
tho'
Quo
jure
,
See
above
,
ch
ii
.
§
27.
ch.
iii.
§
13.
he
says
,
it
do's
not
Appear
:
)
And
therefore
it
must
be
supposed
that
the
Clergy
had
a
Right
to
debate
of
what
they
pleased
;
because
else
it
would
have
been
needless
to
send
a
Commissioner
to
Watch
them
:
I
must
needs
say
,
I
do
not
see
by
what
Rules
of
Reason
any
such
Consequence
,
will
follow
from
it
;
Unless
we
should
suppose
that
because
Men
are
limited
to
Act
by
certain
Rules
,
therefore
there
is
no
danger
of
their
transgressing
of
Them
.
The
ancient
Emperours
,
we
are
well
assured
,
tied
up
their
Councils
to
very
Strict
Rules
:
Yet
so
dull
were
They
,
that
,
for
that
very
Reason
,
they
sent
Commissioners
to
sit
with
their
Bishops
;
that
so
they
might
take
Care
to
keep
them
within
bounds
,
and
see
that
they
acted
according
to
the
Rules
they
had
prescribed
to
Them
.
'T
is
true
,
the
Clergy
,
in
those
days
,
did
take
the
Liberty
to
transact
many
things
,
in
their
Convocations
,
without
any
particular
Licence
,
from
the
King
,
to
warrant
Them
so
to
do
.
And
this
rendred
the
presence
of
such
Commissioners
more
necessary
heretofore
,
than
it
is
Now.
But
that
they
did
take
upon
them
to
do
this
,
is
no
proof
that
they
had
a
Right
to
do
it
:
any
more
than
their
attempts
,
in
many
other
instances
,
prove
that
they
ought
to
have
enjoy'd
all
those
priviledges
,
by
which
it
is
,
on
all
hands
,
allow'd
,
that
they
did
oftentimes
notoriously
Usurp
upon
the
Royal
Authority
.
There
is
yet
a
little
spiteful
Suggestion
,
for
I
cannot
call
it
an
Argument
,
Confident
Assertion
,
for
proof
,
in
which
,
it
must
be
confess'd
,
he
has
not
been
Wanting
.
In
the
mean
time
,
whilst
the
Church
is
deprived
of
no
Liberty
,
that
either
the
Laws
have
given
it
,
or
it
ought
,
of
Right
,
to
enjoy
;
the
King
may
keep
his
Coronation-Oath
,
and
Magna
Charta
be
as
sacredly
observed
,
as
any
One
could
Wish
it
should
be
;
tho'
the
Clergy
be
not
allow'd
all
that
unreasonable
Liberty
,
which
some
Men
plead
for
,
on
their
Behalf
;
but
which
neither
the
Clergy
,
nor
Convocation
,
have
Themselves
ever
pretended
to
.
But
whatever
Restraints
may
be
pretended
to
be
laid
upon
the
Convocation
Parliament
:
)
yet
the
Exercise
of
their
Jurisdiction
,
as
they
are
a
Court
,
properly
so
called
,
is
certainly
left
free
,
and
intire
to
them
.
This
He
takes
for
Granted
,
and
never
so
much
as
attempts
a
Proof
of
it
.
And
therefore
there
is
no
more
for
me
here
to
do
,
after
If
the
Case
be
so
,
as
it
is
here
supposed
;
If
neither
the
King's
Supremacy
in
Ecclesiastical
Causes
;
nor
the
Laws
of
the
Realm
;
nor
the
Custom
of
Convocations
;
which
(
like
that
of
the
Parliament
)
is
,
I
conceive
,
the
Law
of
Convotion
;
have
restrained
the
Clergy
,
as
to
these
Matters
;
I
am
sure
I
shall
be
far
from
desiring
to
lay
any
Restraint
upon
them
.
I
shall
conclude
this
whole
Chapter
with
a
Relation
which
I
meet
with
in
One
of
our
Ancient
Reports
;
and
which
being
added
to
what
I
have
before
observed
,
may
contribute
a
little
,
to
the
better
understanding
of
the
power
of
the
Convocation
,
in
the
Particular
we
are
now
upon
.
In
the
4.
H.
8.
An
Act
of
Parliament
was
made
,
to
deny
the
benefit
of
the
publick
Good
,
or
no
;
)
About
three
years
after
,
the
Parliament
then
sitting
,
the
Abbot
of
Winchomb
in
a
Publick
Sermon
,
at
Pauls
Cross
,
not
only
Preach'd
against
the
said
Act
,
and
all
Those
who
had
Consented
to
the
Passing
of
it
;
but
farther
Affirm'd
,
that
All
Clerks
,
who
have
once
been
admitted
into
any
Holy
Orders
,
whether
Greater
or
Lesser
,
were
from
thenceforth
Exempt
from
all
temporal
Punishment
,
before
any
Temporal
Judge
,
for
any
Criminal
Cause
whatsoever
.
The
Lords
Temporal
,
and
Commons
,
being
alarum'd
at
this
,
Petition
the
King
that
he
would
order
this
Point
to
be
publickly
argued
,
by
Divines
and
Canonists
on
both
sides
:
And
thereupon
,
a
Certain
Day
was
appointed
by
the
King
for
that
purpose
,
at
the
Black-Fryars
,
London
.
Among
the
Council
for
the
King
was
Doctor
Henry
Standish
,
a
Learned
Man
,
and
Guardian
of
the
Mendicant
Fryars
,
in
London
.
The
Cause
was
handled
,
and
many
Members
of
both
Houses
were
present
:
And
,
in
the
Opinion
of
all
who
heard
it
,
Dr.
Standish
had
so
much
the
Better
of
the
Council
that
argued
for
the
Clergy
;
that
it
was
moved
to
the
Bishops
,
that
they
should
Oblige
the
Abbot
Publickly
to
Recant
his
Assertions
.
At
Michaelmas
following
,
the
Clergy
sitting
in
Convocation
,
cited
Dr.
Standish
to
appear
before
them
,
to
answer
to
such
Articles
as
should
there
be
Exhibited
against
Him
.
He
appeared
,
as
he
was
order'd
;
and
four
Articles
were
first
proposed
by
the
Archbishop
to
Him
:
and
being
afterwards
encreased
to
six
,
were
deliver'd
to
Him
in
Writing
;
(
All
tending
to
the
purport
of
what
he
had
before
Asserted
,
in
defence
of
the
King's
Authority
;
)
And
he
was
Required
,
upon
a
Certain
Day
,
to
Answer
to
Them
.
It
seems
,
to
assert
the
King's
Authority
over
the
Clergy
,
was
accounted
in
those
days
to
be
no
less
than
Heresie
;
and
perhaps
may
still
be
thought
,
by
some
Men
,
to
come
near
to
it
.
Doctor
Standish
easily
perceived
what
the
Convocation
drove
at
:
And
being
sensible
that
He
should
not
be
Able
to
withstand
their
Malice
,
and
Authority
;
put
Himself
under
the
King's
Protection
,
and
referr'd
his
Cause
to
Him
.
The
Clergy
being
a
little
surprised
at
this
,
protest
to
the
King
that
their
Process
against
Him
was
not
for
any
thing
he
either
did
,
or
said
,
when
he
was
of
Council
for
his
Majesty
;
but
for
Other
Tenets
,
Elsewhere
,
and
at
Other
times
advanced
by
Him
:
And
therefore
pray
his
Assistance
;
according
to
his
Coronation
Oath
;
and
as
He
desired
to
avoid
the
Censures
of
the
Church
,
The
Clergy
thus
proceeding
,
the
Lords
,
and
Judges
of
the
Realm
,
at
the
Instance
of
the
House
of
Commons
,
address
also
to
the
King
;
and
desire
him
,
by
vertue
of
his
Coronation
Oath
,
that
He
would
assert
his
Temporal
Jurisdiction
;
and
protect
Standish
;
(
in
the
Great
peril
in
which
He
was
,
)
against
the
Malice
of
the
Clergy
:
who
evidently
Objected
to
him
the
same
Tenets
which
He
had
defended
,
in
Right
of
the
King's
Authority
.
Being
thus
applied
to
,
on
Both
sides
;
the
King
first
consults
with
Dr.
Veysey
,
Dean
of
his
Chapel
;
and
(
having
had
his
Opinion
)
orders
the
Justices
of
his
Courts
,
and
his
Own
Council
,
both
Spiritual
and
Temporal
,
with
several
Members
of
the
Parliament
,
to
meet
at
the
Black-Fryars
;
and
there
to
take
Cognizance
of
the
Cause
between
Standish
,
and
the
Convocation
;
and
to
hear
what
Standish
had
to
say
for
himself
,
in
answer
to
the
Points
objected
to
Him
.
The
Cause
is
heard
;
and
in
conclusion
,
Standish
is
acquitted
,
and
the
whole
Convocation
judged
to
have
incurred
a
Praemunire
,
by
their
Citation
,
and
Prosecution
of
Him
.
Upon
this
the
King
comes
himself
to
Baynards
Castle
;
all
the
Bishops
,
and
a
Great
Part
of
the
Parliament
,
with
the
Judges
,
attending
upon
Him
.
Being
sate
;
Woolsey
,
as
Cardinal
,
and
in
high
favour
with
the
King
,
first
applies
to
Him
in
behalf
of
the
Convocation
;
and
prays
,
that
the
Cause
might
be
Referr'd
to
the
Judgment
of
the
Court
of
Rome
.
This
was
seconded
by
Warham
,
Archbishop
of
Canterbury
in
the
name
of
All
the
Clergy
;
and
much
was
Argued
for
,
and
against
This.
At
length
the
King
deliver'd
himself
,
to
this
Effect
,
to
them
:
That
by
the
Order
and
Sufferance
of
God
,
He
was
King
of
England
;
and
,
as
such
,
would
maintain
the
Rights
of
his
Crown
,
and
his
Royal
Jurisdiction
,
in
as
ample
a
manner
,
as
any
of
his
Progenitors
had
done
before
Him
.
Then
he
commanded
the
Convocation
to
dismiss
Standish
;
which
accordingly
they
did
:
And
were
content
,
for
that
time
,
to
let
the
Royal
Supremacy
,
get
the
better
of
the
Spiritual
Jurisdiction
.
CHAP.
VI.
Some
Rules
laid
down
by
which
to
judge
,
for
what
Causes
,
and
at
what
times
,
Synods
ought
,
or
ought
not
to
be
Assembled
:
And
the
Reasons
suggested
by
the
Author
of
the
Letter
,
&c.
to
prove
a
Convocation
to
be
,
at
this
time
,
Necessary
to
be
held
;
Examined
,
and
Answer'd
.
HItherto
we
have
been
stating
the
Late
Letter
to
a
Convocation-Man
;
that
that
Venerable
Body
have
neither
any
Right
to
Meet
,
nor
Power
to
Act
,
but
as
the
King
shall
Graciously
Allow
them
to
do
.
But
now
,
having
Asserted
this
,
in
Vindication
of
the
Prince's
Prerogative
;
I
must
not
forget
what
I
have
before
confess'd
as
to
this
matter
,
and
see
no
Cause
yet
to
Retract
;
viz.
That
His
Majesty
,
both
as
a
Christian
,
and
a
King
,
is
Obliged
to
permit
his
Clergy
to
Sit
,
and
Act
,
whensoever
he
is
perswaded
that
the
Necessities
of
the
Church
require
it
;
and
it
would
be
for
the
Publick
Good
of
his
People
,
that
They
should
do
so
.
And
tho'
,
't
is
true
,
the
Law
has
intrusted
Him
with
the
Last
Judgment
of
this
;
and
,
without
which
,
it
would
be
impossible
for
him
to
maintain
his
Supremacy
in
this
Respect
;
yet
certainly
He
ought
to
be
by
so
much
the
more
careful
to
Consider
the
Interest
of
the
Publick
,
by
How
much
the
Greater
the
Trust
is
,
which
the
Publick
,
in
Confidence
of
such
his
Care
,
has
Reposed
in
Him
.
It
must
be
confess'd
,
indeed
,
that
our
present
Author
,
has
neither
taken
a
very
proper
Method
of
communicating
his
Advice
to
the
King
;
nor
done
it
in
such
a
Manner
,
as
if
He
design'd
to
perswade
either
the
King
,
or
his
Ministers
,
to
pay
any
Great
Deference
to
his
Judgment
.
On
the
contrary
it
appears
,
that
in
all
that
he
has
said
,
he
intended
rather
to
Reflect
upon
the
Administration
of
Affairs
,
and
to
raise
discontents
in
Mens
Minds
against
the
Government
,
than
to
do
any
Service
either
to
Religion
,
or
the
Church
.
But
however
I
will
consider
,
nevertheless
,
what
he
has
alledged
,
to
shew
,
That
our
present
times
call
for
a
Convocation
;
and
that
the
King
ought
not
any
longer
to
prevent
their
sitting
.
The
Question
,
to
be
examin'd
,
is
What
Occasion
there
is
,
at
present
And
his
Answer
to
it
,
is
Short
,
and
Vehement
;
full
of
Warmth
,
as
being
,
I
suppose
,
design'd
to
Enflame
:
That
if
Ever
there
were
need
of
〈◊〉
Convocation
,
was
Establish'd
in
this
Kingdom
,
there
is
need
of
One
Now.
To
clear
this
Point
,
and
see
how
well
this
Author
makes
Good
so
bold
an
Assertion
;
I
shall
take
this
Method
.
1st
.
I
will
lay
down
some
General
Rules
,
by
which
we
may
the
better
Judge
,
at
what
Times
,
and
in
what
Cases
,
it
may
be
either
necessary
,
or
expedient
for
a
Prince
to
call
a
Convocation
:
And
then
proceed
.
2dly
.
To
Consider
,
What
this
Gentleman
has
offer'd
to
prove
the
Necessity
of
a
Convocation
,
under
our
present
Circumstances
,
to
be
so
exceeding
Great
,
and
Urgent
,
as
He
pretends
it
is
?
I.
That
Synods
may
,
in
some
Cases
,
be
as
Useless
to
the
Church
,
as
in
Others
Best
Men
,
to
convince
us
.
It
was
a
severe
Judgment
which
Gregory
Nazianzen
pass'd
upon
the
Synods
of
his
Time
;
and
is
the
more
to
be
Regarded
,
because
it
was
the
Result
of
a
frequent
Tryal
,
and
a
sad
Observation
;
That
He
fled
all
such
Assemblies
,
as
having
never
seen
any
One
of
them
come
to
a
Happy
Conclusion
;
or
that
did
not
Cause
more
Mischief
,
than
it
Remedied
.
Their
Contention
,
and
Ambition
(
says
he
)
is
not
to
be
Express'd
:
And
a
Man
may
much
easier
fall
into
Sin
himself
,
by
judging
of
Other
Men
;
than
He
shall
be
able
to
Reform
their
Crimes
.
There
is
scarce
any
thing
in
Antiquity
,
that
either
more
Exposed
our
Christian
Profession
heretofore
,
or
may
more
deserve
our
serious
Consideration
at
this
day
;
than
the
Violence
,
the
Passion
,
the
Malice
,
the
Falseness
,
and
the
Oppression
,
which
Reigned
in
most
of
those
Synods
that
were
held
by
Constantine
first
,
and
,
after
,
him
by
the
following
Emperours
,
upon
the
Occasion
of
the
Arian
Controversy
.
Bitter
are
the
Complaints
,
which
,
we
are
told
,
that
Great
Emperour
made
of
Them
.
The
Barbarians
,
says
he
,
in
his
Letter
for
fear
of
Us
,
Worship
God
:
But
we
mind
nothing
but
what
tends
to
Hatred
,
to
Dissention
;
in
One
word
,
to
the
Destruction
of
Mankind
.
And
what
little
Success
other
Synods
have
oftentimes
had
,
might
easily
be
made
appear
;
were
it
needful
to
enlarge
upon
so
Known
,
and
Melancholy
a
Subject
.
Now
this
as
it
has
obliged
not
only
the
Best
Men
,
but
the
Wisest
Emperours
,
to
be
very
careful
,
how
they
either
called
,
or
encouraged
such
Assemblies
,
unless
they
had
some
Reason
to
hope
for
a
Good
Effect
of
Them
;
so
may
it
suffice
to
convince
Us
still
,
that
neither
are
All
Times
,
nor
All
Causes
,
either
Proper
for
,
or
Worthy
of
,
such
Meetings
:
and
that
the
Expediency
of
Them
ought
to
be
very
Clearly
made
out
,
before
it
can
,
with
any
Reason
,
be
expected
,
that
the
Prince
should
consent
to
their
Assembling
.
It
has
,
I
think
been
generally
agreed
,
Civil
Magistrate
,
in
things
pertaining
to
the
Discipline
of
it
.
As
for
the
Exercise
of
Ecclesiastical
Jurisdiction
,
that
,
in
every
well
settled
Church
,
is
commonly
provided
for
by
some
more
Ordinary
Means
:
So
that
,
except
in
a
few
Cases
of
an
Extraordinary
Nature
,
there
is
seldom
any
Occasion
for
a
Synod
to
meet
,
upon
any
such
account
.
Now
as
these
are
the
Ends
for
which
Synods
ought
to
be
Assembled
;
so
,
I
believe
,
Good
End
:
When
there
is
something
Proper
for
such
an
Assembly
to
do
;
and
They
may
be
likely
to
Do
it
so
,
as
to
advance
the
Welfare
of
the
Church
by
it
.
This
,
I
conceive
,
must
be
allow'd
,
in
point
of
Prudence
,
to
be
the
General
Measure
,
by
which
the
Prince
ought
,
upon
all
Occasions
,
to
judge
,
whether
it
be
Necessary
,
or
even
Expedient
for
him
,
to
suffer
a
Convocation
to
Meet
,
or
no.
And
from
these
General
Measures
,
we
will
proceed
to
draw
some
farther
,
and
more
particular
Directions
,
for
our
better
judging
in
the
Point
before
Us.
And
(
1st
.
)
Because
in
Clear
,
and
Evident
Cases
,
where
both
the
Truth
is
Manifest
;
and
the
Consent
of
the
Church
,
Constant
and
Out
of
doubt
;
there
is
no
need
of
any
Definitions
,
either
to
declare
its
Sense
,
or
to
testifie
its
Agreement
:
therefore
neither
can
there
be
any
Need
to
Assemble
a
Convocation
,
to
Judge
or
Determine
,
in
such
Cases
.
If
,
in
a
Christian
Country
,
where
the
Gospel
is
profess'd
,
and
its
Truth
establish'd
;
and
Men
have
,
for
many
Ages
,
been
Bred
up
to
the
Knowledge
,
and
Belief
of
it
;
A
sort
of
Libertines
should
arise
,
to
deny
not
only
the
truth
of
Christianity
,
but
the
very
Being
of
a
God
;
the
Certainty
of
Revelation
;
the
Authority
of
the
Holy
Scriptures
;
and
the
like
Common
,
and
Avow'd
Principles
of
Religion
:
It
would
be
not
only
Needless
,
but
Absurd
,
for
a
Synod
to
be
call'd
to
debate
over
again
the
Fundamentals
of
Piety
;
and
solemnly
to
define
against
these
Sceptical
,
Profane
Disputers
,
That
there
is
a
God
;
That
He
has
Revealed
his
Will
to
Mankind
;
and
that
the
Scriptures
were
written
by
divine
Inspiration
.
And
all
that
they
would
Gain
by
doing
of
it
,
would
be
only
this
,
that
they
would
see
their
Authority
,
and
their
Definitions
,
despised
by
Them
:
And
might
probably
give
Offence
to
Good
Men
;
as
if
they
had
so
much
Reason
on
their
side
,
or
there
were
so
much
Difficulty
in
this
Case
;
as
to
need
the
Solemnity
of
a
Convocation
to
interpose
in
it
.
In
such
Cases
as
this
,
the
Christian
Magistrate
ought
to
take
upon
him
the
Protection
of
Religion
;
of
the
Faith
which
he
professes
,
and
of
that
Saviour
by
whom
He
hopes
to
be
Saved
:
And
so
to
Order
Matters
;
that
such
Persons
shall
either
Cease
to
blaspheme
;
Or
they
shall
find
out
some
Other
Place
than
a
Christian
Country
to
do
it
in
.
Civil
Authority
may
Restrain
such
bold
Men
;
but
't
is
Ridiculous
to
think
that
all
the
Synods
in
the
World
,
should
ever
be
able
to
Perswade
Them
.
Again
(
2dly
.
)
Upon
the
same
New
Synod
,
to
declare
the
Doctrine
,
and
Consent
of
the
Church
,
in
such
Points
,
in
which
it
has
,
by
as
Great
,
Or
even
Greater
Authority
,
been
before
Declared
.
Thus
supposing
any
Church
should
not
only
have
solemnly
Received
the
Four
first
General
Councils
;
but
in
farther
testimony
of
its
Agreement
in
Faith
with
Them
,
should
have
given
their
Creeds
a
Place
in
its
Publick
Liturgy
:
And
to
strengthen
all
this
,
should
have
drawn
up
a
Clear
,
and
Full
Confession
of
its
Own
,
upon
the
Principles
by
them
defined
;
and
have
Required
that
Confession
to
be
Received
,
and
Subscribed
to
,
by
All
who
are
Admitted
,
to
any
spiritual
Office
,
or
Function
in
it
:
How
ridiculous
would
it
be
,
for
such
a
Church
,
to
Assemble
a
Convocation
,
to
declare
to
all
the
World
that
it
believes
our
Saviour's
Divinity
;
and
holds
a
Trinity
of
Persons
,
in
the
Unity
of
the
God-head
?
What
tho'
there
be
some
,
in
such
a
Church
,
who
deny
this
;
and
take
advantage
of
the
Liberty
,
or
rather
Licentiousness
,
of
evil
Times
,
to
dare
even
to
Write
,
and
Argue
against
it
?
The
Doctrine
and
Faith
of
the
Church
are
still
the
same
:
And
it
may
as
well
be
said
that
in
Our
Protestant
,
Reform'd
Church
,
it
is
needful
to
call
a
Convocation
,
to
protest
again
against
the
Errors
and
Superstitions
of
the
Church
of
Rome
;
because
some
not
only
Write
in
defence
of
Them
,
but
are
buisie
also
to
make
Converts
to
them
;
As
for
such
a
Church
to
call
a
Synod
,
to
declare
,
that
it
has
no
part
with
those
who
Write
,
and
Argue
,
against
its
own
Avow'd
Sense
,
in
the
Points
of
the
Holy
Trinity
,
and
of
the
Divinity
of
the
Son
of
God
.
A
Convocation
may
sit
,
and
draw
up
what
Creeds
,
and
Confessions
it
will
.
But
if
They
expect
that
Those
who
despise
the
Authority
of
the
Ancient
,
General
Councils
of
the
Church
,
should
be
Concluded
by
their
Definitions
;
It
will
,
I
doubt
,
appear
that
They
have
but
flatter'd
themselves
with
Vain
Hopes
:
And
they
will
find
,
too
late
,
that
those
who
are
not
to
be
Restrain'd
by
what
has
been
already
Determin'd
,
will
much
less
regard
any
New
Decisions
that
can
be
made
Against
Them
.
In
this
Case
,
again
,
't
is
the
Civil
Power
,
or
nothing
,
that
must
Restrain
their
Presumption
.
A
Good
Law
may
Oblige
them
to
be
silent
;
but
I
doubt
neither
that
,
nor
any
Thing
else
,
will
be
Able
to
cure
them
of
their
Infidelity
.
But.
(
3dly
.
)
If
a
Convocation
ought
Ordinary
Means
;
but
which
fall
,
more
properly
,
under
the
Cognizance
of
some
Other
Authority
.
Such
are
,
first
,
all
Private
Cases
,
which
are
determinable
in
Other
Courts
,
and
before
some
Other
Judges
,
which
the
Law
has
provided
for
Them
:
And
the
King
might
as
well
Assemble
his
Parliament
,
to
try
a
Thief
,
or
a
Felon
;
as
his
Convocation
to
convict
a
Man
of
Heresie
,
or
Schism
There
are
Civil
Courts
appointed
for
the
One
;
and
Ecclesiastical
Courts
provided
for
the
Other
.
And
if
these
Neglect
,
or
Refuse
to
do
their
Duty
,
there
are
Shorter
Ways
of
Applying
a
Remedy
to
it
,
than
by
calling
either
a
Parliament
,
or
Convocation
,
for
such
a
Purpose
.
And
such
are
,
secondly
,
such
Disorders
,
as
either
the
Bishop
in
his
Diocess
;
the
Arch-bishop
in
his
Province
;
Or
the
King
in
the
whole
Church
,
have
sufficient
power
,
by
their
Own
immediate
Orders
,
or
Injunctions
,
to
redress
:
Whether
they
be
Occasion'd
by
Mens
departing
from
the
Rules
,
and
Measures
already
prescribed
to
Them
;
Or
for
want
of
a
Vigorous
Execution
of
those
Laws
,
by
which
they
ought
to
be
punish'd
for
their
so
doing
.
Indeed
,
where
the
Discipline
,
and
Authority
of
the
Church
its
self
is
defective
;
and
Irregularities
both
in
the
Clergy
,
and
Laity
abound
,
for
want
of
a
Power
sufficient
to
suppress
them
;
a
Convocation
may
be
needful
,
to
consider
,
How
a
Remedy
may
be
provided
for
this
Defect
;
and
the
Church
be
enabled
,
more
successfully
,
both
to
Guard
the
Faith
,
and
to
Reform
the
Manners
,
of
its
Members
.
And
I
heartily
wish
our
Circumstances
were
such
,
that
a
Convocation
might
meet
,
for
this
Purpose
.
But
I
am
afraid
our
Distemper
is
become
too
Great
to
be
healed
:
And
that
we
are
Uncapable
of
such
a
Discipline
,
as
,
above
all
things
,
We
the
most
Want
.
And
therefore
(
4thly
.
)
And
to
go
on
with
these
Publick
Offices
;
to
Improve
our
Discipline
;
And
to
Reform
many
Disorders
in
the
Exercise
of
the
Ecclesiastical
Jurisdiction
;
so
am
I
the
rather
Confirm'd
in
my
Opinion
,
of
the
little
Probability
there
is
,
of
any
Good
to
be
yet
done
,
by
a
Convocation
,
in
this
respect
;
that
amidst
all
the
Reasons
Offer'd
by
this
Author
,
to
prove
the
necessity
of
holding
a
Convocation
,
He
has
never
Once
given
any
Intimation
of
these
matters
:
tho
he
could
not
but
know
that
they
King's
Commission
to
the
last
Convocation
.
were
look'd
upon
by
the
Government
,
as
the
principal
things
for
which
a
Convocation
might
be
wanting
.
But
(
5thly
.
)
And
to
have
done
:
As
When
Mens
Passions
are
let
loose
,
and
their
Minds
disorder'd
:
When
their
Interests
,
and
Designs
;
their
Friends
and
their
Parties
;
nay
,
their
very
Judgments
,
and
Principles
,
lead
them
different
Ways
;
and
they
Agree
in
nothing
so
much
,
as
in
being
very
Peevish
,
and
Angry
,
with
One
Another
:
When
their
very
Reason
is
depraved
;
and
they
judge
not
according
to
Truth
,
or
Evidence
,
but
with
Respect
of
Persons
;
and
Every
One
Opposes
,
what
Another
of
a
different
Perswasion
either
Moves
,
or
Approves
of
:
What
Good
can
the
Prince
propose
to
Himself
,
or
any
Wise
Man
hope
for
,
from
any
Assembly
that
can
be
brought
together
,
under
the
unhappy
Influence
of
These
,
and
the
like
Prepossessions
?
It
was
the
sense
of
this
,
made
a
Wise
Man
,
in
the
last
Age
,
tell
Charles
the
Vth
;
That
it
appear'd
by
Experience
,
and
might
from
Reason
be
demonstrated
;
that
those
Affairs
seldom
succeeded
well
,
which
were
to
be
done
by
Many
.
And
if
such
be
the
inconvenience
to
which
,
Number
alone
,
exposes
such
meetings
,
in
the
best
times
;
Sure
I
am
,
both
Reason
and
Experience
will
much
more
convince
Us
,
that
in
times
of
doubt
and
discontent
,
this
will
be
more
likely
to
be
the
Case
;
and
that
under
such
Circumstances
,
there
is
little
Good
to
be
expected
from
them
.
And
this
may
suffice
,
in
General
,
to
I
Go
on
,
II.
Secondly
;
Upon
these
Principles
,
to
Examine
,
what
this
Author
has
Offer'd
to
prove
the
Necessity
,
or
even
Expediency
,
of
their
present
Assembling
.
Now
this
He
pretends
to
make
out
by
these
[2]
Ways
.
[
1st
.
]
By
Proving
that
there
is
,
upon
many
Accounts
,
an
Absolute
necessity
,
that
something
should
be
done
for
the
Defence
of
Religion
,
and
the
Church
.
And
[
2dly
.
]
By
shewing
,
That
what
is
thus
necessary
to
be
done
,
can
be
done
no
Other
Way
,
but
by
a
Convocation
.
[
1st
.
]
That
something
is
necessary
Open
Looseness
of
Mens
Principles
,
and
Practises
:
and
that
setled
Contempt
of
Religion
,
and
the
Priesthood
,
which
(
He
says
)
has
prevail'd
every
where
.
And
upon
this
General
Ground
,
he
go's
on
to
dilate
,
in
several
Particulars
;
which
must
therefore
he
Consider'd
by
Us.
But
before
I
proceed
any
farther
in
this
Debate
,
I
must
here
,
once
for
all
,
profess
,
that
I
should
be
far
from
Opposing
any
thing
that
could
reasonably
be
proposed
to
be
done
,
in
Order
to
so
Good
an
End
,
as
the
Reforming
the
Open
Loosness
of
Mens
Principles
,
and
Practises
,
would
certainly
be
.
I
am
by
no
means
Unsensible
that
a
Great
Part
of
what
this
Author
here
complains
,
is
but
too
true
:
Tho'
whether
the
Loosness
of
Mens
Principles
,
has
corrupted
their
Manners
;
or
the
Depravity
of
their
Manners
,
may
not
rather
have
been
,
at
the
bottom
,
one
great
Cause
of
the
Corruption
of
their
Principles
,
I
am
not
able
to
determine
.
And
were
a
Convocation
necessary
to
Vindicate
the
Church
from
being
,
in
any
degree
,
accessary
to
these
Crimes
;
or
had
it
Authority
sufficient
to
Reform
this
Licentiousness
;
I
would
much
rather
joyn
with
this
Author
in
Petitioning
for
their
Sitting
,
than
Contend
with
Him
about
the
Expediency
of
it
.
But
being
fully
Satisfied
that
the
Convocation
has
neither
Strength
sufficient
to
Grapple
with
these
Enormities
;
nor
is
in
any
respect
necessary
,
to
assert
the
Churches
Innocence
;
But
especially
,
being
perswaded
,
that
should
it
meet
,
for
any
such
purpose
,
under
our
present
Circumstances
,
it
would
only
expose
its
Own
Authority
,
and
our
Religion
,
to
the
Greater
Contempt
of
Profane
,
and
Wicked
Men
:
I
shall
proceed
with
all
freedom
to
Examine
the
Reasons
here
alledged
;
and
to
Vindicate
not
only
the
King's
Honour
,
but
the
Churches
too
;
and
shew
,
that
if
the
Other
Ways
,
which
this
Author
here
Rejects
,
be
not
sufficient
to
Reclaim
Mens
Vices
,
neither
can
it
be
hoped
that
the
Convocation
should
be
able
,
by
any
Orders
it
can
make
,
to
Reclaim
Them
.
First
then
:
Let
us
suppose
that
(
as
he
alledges
)
Scepticism
,
Deism
,
and
Jesus
Christ
,
and
his
Gospel
too
?
Has
Christ
been
thus
long
preach'd
among
Us
,
to
leave
it
still
in
doubt
,
whether
,
after
all
,
our
Church
,
be
a
Christian
Church
,
or
No
?
If
neither
our
Constant
Confession
of
our
Faith
in
Christ
,
nor
our
publick
Worship
of
Him
,
and
of
the
Father
by
Him
;
If
neither
our
publick
Preaching
,
nor
our
publick
Writing
,
in
Vindication
of
this
Faith
;
neither
what
our
Convocations
have
formerly
declared
,
and
we
all
continue
to
support
,
and
defend
;
be
sufficient
to
satisfie
Mankind
,
that
the
Church
of
England
condemns
all
Atheism
,
and
Deism
;
and
that
However
such
Persons
may
Live
among
Us
,
yet
they
are
by
no
means
Countenanced
or
Approved
by
Her
;
I
cannot
imagine
,
What
this
Author
thinks
a
new
Convocation
could
do
more
,
to
Assert
her
Innocence
.
And
the
same
,
I
must
answer
,
Secondly
,
Christian
Kingdom
:
where
the
Gospel
is
,
perhaps
,
the
best
understood
,
and
the
Church
the
most
carefully
Reform'd
,
of
any
in
the
World
.
Yet
what
has
our
Church
to
answer
for
in
this
Case
?
Complain
she
may
,
that
she
is
suffered
to
be
thus
Torn
in
pieces
,
between
presumptuous
Hereticks
on
the
one
hand
,
and
profane
Scoffers
on
the
other
.
But
sure
this
ought
not
to
be
added
to
the
Rest
of
her
Sorrows
,
to
have
her
Own
Faith
,
and
Integrity
,
call'd
in
Question
.
Nay
,
the
very
Socinians
themselves
,
whilst
they
abuse
her
in
Other
respects
,
by
their
so
doing
,
justifie
her
in
This.
They
know
,
and
confess
her
Faith
,
to
be
Against
them
:
And
for
this
cause
it
is
that
they
Rail
so
despightfully
at
her
.
And
sure
We
ought
not
,
our selves
,
to
lay
that
to
Her
Charge
,
from
which
her
Greatest
Enemies
acquit
her
.
In
short
;
Our
Articles
,
our
Creeds
,
Our
Liturgy
,
our
Homilies
;
All
bear
witness
to
the
Catholick
Faith
,
in
Opposition
to
these
Hereticks
.
Our
Sermons
,
and
our
Writings
,
declare
against
Them
.
And
what
can
any
,
Abroad
,
or
at
Home
,
desire
,
either
the
Church
,
or
Her
Ministers
should
do
more
?
Or
what
more
could
a
Convocation
,
were
it
to
meet
tomorrow
,
Do
?
As
for
the
next
Particular
,
which
he
Indifference
of
All
Religions
,
which
(
he
says
)
is
endeavour'd
to
be
Establish'd
,
by
Pleas
for
the
Justice
,
and
Necessity
,
of
an
universal
,
unlimited
Toleration
;
even
against
the
Sense
of
the
Whole
Legislature
;
I
shall
say
but
very
little
.
If
such
a
Toleration
be
so
dangerous
,
as
this
Author
apprehends
,
and
as
,
for
ought
I
know
,
it
may
be
;
And
the
Magistrate
has
the
same
Opinion
of
it
;
It
is
to
be
hoped
the
Government
will
take
care
to
secure
its
self
,
by
a
constant
Denyal
of
it
.
And
establish'd
I
am
sure
it
cannot
be
,
against
the
consent
of
the
Whole
Legislature
;
nor
indeed
without
the
concurrence
of
every
Part
of
it
.
But
however
,
what
can
a
Convocation
do
in
this
Case
?
Whether
the
Civil
Power
shall
think
fit
to
Grant
,
or
Refuse
,
such
a
Toleration
;
is
a
Political
,
as
well
as
an
Ecclesiastical
Question
:
And
the
Government
will
Act
,
as
it
thinks
fit
,
in
it
;
and
a
Convocation
can
neither
help
,
nor
hinder
their
Proceedings
.
What
the
Opinion
of
our
Clergy
is
,
as
to
this
matter
,
is
well
known
:
And
I
conceive
there
is
no
need
of
a
Synod
to
meet
,
to
shew
that
their
Sense
is
the
same
in
Convocation
,
that
it
is
out
of
it
.
And
those
very
Pleas
,
which
he
Refers
to
,
have
had
their
Answers
;
which
if
they
do
nothing
else
,
yet
certainly
thus
much
must
be
allow'd
to
Them
,
that
they
shew
the
Opinion
of
the
Churches
Friends
,
to
be
the
same
,
that
it
ever
was
,
in
this
Particular
.
Hitherto
therefore
I
do
not
see
what
Own
Church
;
nay
by
some
of
the
Clearical
Order
.
And
this
has
given
great
Scandal
to
the
Churches
abroad
;
and
to
Remove
this
Scandal
,
and
to
Animadvert
upon
these
Men
,
a
Convocation
ought
to
be
suffer'd
to
Meet
,
and
Act.
The
truth
is
,
it
is
a
Tragical
Account
which
our
Author
gives
us
of
this
Matter
;
and
of
which
I
shall
only
say
,
that
I
hope
it
is
not
true
.
I
will
set
it
down
in
his
Own
Words
.
Indeed
,
to
be
plain
,
there
seems
to
be
an
Universal
Conspiracy
amongst
a
Sort
of
Men
,
under
the
Stile
of
Deists
,
Socinians
,
Latitudinarians
,
Denyers
of
Mysteries
,
and
Pretending
Explainers
of
them
;
to
undermine
,
and
overthrow
the
Catholick
Faith
.
There
seems
too
much
reason
to
fear
,
there
is
no
Order
,
Degree
,
nor
Place
among
us
,
wholly
free
from
the
Infection
.
And
a
Convocation
,
Regularly
Meeting
,
and
Acting
freely
,
(
that
is
,
according
to
this
Gentleman's
Notion
,
Meeting
with
every
Session
of
Parliament
,
and
left
to
its
Liberty
to
do
whatever
it
pleases
without
Check
,
or
Controul
)
is
the
Greatest
Fence
against
these
Mischiefs
,
and
the
most
proper
Instrument
to
Apply
a
Remedy
.
Whether
a
Convocation
be
the
most
proper
Instrument
to
Apply
a
Remedy
to
these
Mischiefs
,
we
shall
enquire
by
and
by
:
But
I
must
needs
say
,
That
should
a
Convocation
be
allow'd
to
Meet
so
Regularly
,
and
to
Act
so
‛
freely
,
as
some
Men
desire
;
I
fear
it
would
soon
appear
,
that
the
Remedy
was
worse
than
the
Disease
.
But
what
Proof
do's
he
bring
of
this
Odious
Conspiracy
,
as
far
as
the
Church
is
concern'd
in
it
?
For
as
for
Deists
,
Atheists
,
and
Socinians
,
openly
acting
,
and
professing
themselves
such
;
I
hope
he
would
not
have
the
Church
to
answer
for
their
Profaneness
.
Why
first
,
he
tells
us
,
there
is
one
ingenious
Author
,
who
has
cunningly
undermined
,
and
exposed
,
under
pretence
of
Explaining
,
the
Mosaic
History
.
There
is
another
,
in
great
Dignity
,
and
Preferment
,
in
the
Church
;
who
has
Sophistically
opposed
the
Unity
of
the
Godhead
,
under
pretence
of
Writing
in
Vindication
of
the
Holy
,
and
Ever-blessed
Trinity
.
And
a
third
,
has
set
out
a
Discourse
,
concerning
the
Divinity
,
and
Death
of
Christ
,
which
he
is
not
satisfied
with
.
Two
Tracts
more
there
are
,
which
,
to
encrease
the
Churches
Guilt
,
he
brings
into
this
Number
;
The
One
concerning
the
Reasonableness
of
Christianity
;
the
Other
against
the
Mysteries
of
it
.
I
wonder
he
did
not
add
,
the
Notes
upon
Athanasius
;
and
the
three
Collections
of
Socinian
Tracts
;
and
for
All
which
,
he
might
as
well
have
call'd
the
Church
to
answer
,
as
for
These
.
And
is
this
,
at
last
,
all
the
Ground
he
has
,
upon
which
so
tragically
to
lay
about
him
;
as
if
the
Greater
Part
of
our
Bishops
,
and
Clergy
,
were
become
downright
Atheists
,
Deists
,
Socinians
,
and
I
know
not
what
Monsters
of
Scepticism
and
Infidelity
?
Will
such
a
scanty
Induction
suffice
,
to
vindicate
him
either
to
God
,
or
the
World
,
for
those
barbarous
Suggestions
,
by
which
He
has
appeal'd
to
Both
,
against
Us
?
What
he
has
to
object
against
the
last
of
those
Books
,
we
are
conce●n'd
with
,
I
cannot
tell
;
and
therefore
must
be
excused
,
if
I
make
no
Apology
for
it
.
As
for
the
second
,
the
Vindication
of
the
Blessed
Trinity
,
let
us
suppose
that
the
Learned
Author
of
it
,
has
advanced
such
an
Explication
of
that
Great
Mystery
,
as
being
Critically
examined
,
may
fall
under
the
Inconveniencies
so
warmly
Alledged
against
it
:
Nay
from
whence
Tritheism
not
only
may
possibly
be
Inferr'd
,
but
necessarily
must
follow
.
And
that
is
as
much
as
his
most
Eager
Adversary
can
desire
.
Is
Dr.
Sherlock
convinced
that
this
can
justly
be
inferr'd
;
much
more
,
do's
he
believe
,
that
this
must
necessarily
be
the
Consequence
of
his
Hypothesis
?
This
Gentleman
,
in
his
own
Conscience
,
knows
the
contrary
:
And
that
that
Learned
Man
as
much
abhors
the
Doctrine
of
Tritheism
,
as
the
Animadverter
himself
can
do
;
And
would
as
heartily
joyn
in
an
Anathema
against
those
who
Assert
it
.
But
what
is
there
then
,
in
this
case
,
for
a
Convocation
to
do
?
Why
,
I
suppose
,
he
would
have
that
Learned
Body
joyn
hands
with
the
Animadverter
;
and
pronounce
his
Explication
of
the
Holy
Trinity
to
be
Heretical
.
And
then
,
either
Dr.
Sherlock
must
recant
it
;
or
he
may
be
try'd
by
them
for
Heresie
.
I
find
't
is
very
happy
for
the
Dean
,
that
the
Old
Writ
,
de
●eretico
Comburendo
,
is
determined
:
Or
else
,
for
ought
I
know
,
his
next
Motion
might
be
,
from
his
Own
Chapter-House
,
into
Smithfield
.
Well
,
but
what
if
in
the
Convocation
some
such
dull
Men
should
be
found
;
as
't
is
plain
there
still
are
out
of
it
;
who
after
all
that
either
the
Animadverter
has
written
,
or
the
University
decreed
;
do
not
believe
the
Doctrine
of
Tritheism
to
be
so
necessarily
consequent
upon
his
Hypothesis
,
as
to
warrant
them
to
Judge
it
to
be
Heretical
?
What
if
there
should
be
some
Others
,
who
tho'
no
Friends
to
the
Hypothesis
,
should
yet
have
so
much
Charity
for
the
Dean
;
as
to
be
unwilling
to
fall
so
severely
upon
him
,
as
some
warm
Men
would
have
them
do
?
In
short
;
What
if
a
yet
Greater
Number
of
Others
should
appear
,
who
tho'
they
neither
favour
the
Dean
,
nor
are
Friends
to
his
Hypothesis
,
may
yet
look
upon
him
to
have
meant
well
:
and
to
deserve
some
consideration
for
his
former
Services
:
Who
may
think
it
unsafe
for
the
Church
to
declare
it self
in
favour
of
One
Man's
Hypothesis
,
or
against
anothers
:
Who
may
cry
out
as
loudly
against
some
,
for
being
Sabellians
,
as
an
Opposite
Sort
have
done
against
Others
,
as
Tritheists
?
Or
lastly
;
who
may
conceive
the
best
way
to
be
,
to
take
the
King's
Example
;
and
to
be
content
to
Reduce
all
Parties
to
the
Old
,
Received
Terms
:
And
thereby
,
at
once
,
both
secure
the
Church
against
any
farther
Mischief
;
and
softly
Censure
those
who
have
departed
from
Them
?
In
all
these
Cases
,
it
is
evident
that
the
Convocation
may
be
very
likely
to
fly
into
Heats
,
and
Parties
;
and
after
much
Contention
,
nothing
to
be
done
:
And
then
the
Enemies
without
will
smile
,
and
tell
the
World
,
that
when
it
came
to
the
tryal
,
the
Convocation
it self
could
not
Agree
about
this
Matter
;
and
from
thence
draw
an
untoward
Consequence
,
against
the
very
Doctrine
it self
.
For
my
Own
Part
,
I
am
neither
engaged
by
my
Opinion
to
support
Dr.
Sherlock's
Explication
;
nor
will
I
ever
become
an
Advocate
for
any
Man
,
to
the
publick
Detriment
of
the
Church
,
or
its
Doctrine
.
But
as
I
am
perswaded
he
had
no
Heretical
Design
,
nor
is
,
knowingly
,
involved
in
any
Tritheistical
Opinion
;
so
I
cannot
but
think
it
very
hard
that
He
should
be
forced
to
believe
a
Plurality
of
Gods
,
whether
he
do's
believe
any
such
Doctrine
,
or
no.
And
if
to
Err
in
such
a
matter
as
this
,
or
not
to
see
all
the
possible
Consequences
of
an
Hypothesis
,
in
so
abstruse
a
Speculation
,
be
a
Crime
;
I
am
afraid
it
will
be
hard
for
any
of
Us
,
to
be
Altogether
Innocent
.
As
for
the
Other
,
Remaining
Author
,
I
shall
say
but
very
little
:
Let
his
Crime
be
what
it
will
,
yet
it
must
be
allow'd
,
that
there
are
Other
Ways
of
calling
him
to
an
account
for
it
,
than
by
a
Convocation
;
and
therefore
that
this
can
be
no
Ground
to
Prove
the
necessity
of
their
Meeting
.
There
is
yet
one
thing
more
advanced
English
Church
,
but
even
to
preserve
the
Belief
of
any
Revelation
.
—
I
am
loath
,
says
He
,
to
be
more
particular
;
but
the
Cause
,
and
the
Effect
,
are
Both
plain
.
This
is
the
last
Effort
;
and
't
is
push'd
Home
by
Him
.
And
here
,
I
will
not
deny
,
but
that
the
Disputes
,
which
have
arisen
among
us
in
matters
of
Religion
,
and
the
Diversity
of
Opinions
advanced
thereupon
,
may
have
done
their
Part
to
corrupt
the
Minds
,
and
Manners
of
Many
.
When
Men
of
Parts
,
and
Passion
,
fall
foul
upon
One
Another
,
;
and
Religion
is
the
Subject
;
and
each
accounts
it
a
Proof
of
his
Zeal
for
God
,
to
maintain
his
Point
,
and
His
Honour
,
together
:
Whatever
Party
Prevails
,
Religion
is
sure
to
suffer
;
and
't
is
Great
Odds
,
but
Both
the
Litigants
are
the
Worse
Men
for
it
,
as
long
as
they
live
.
I
need
not
say
,
what
an
indecent
Heat
has
appear'd
in
several
of
our
Late
Controversies
;
and
what
a
Vein
of
Levity
,
and
Ra
〈…〉
ry
,
has
run
through
some
Others
.
And
what
a
Tincture
all
these
are
apt
to
leave
upon
the
Minds
of
those
,
who
interest
themselves
in
these
kind
of
Quarrels
;
and
what
a
diversion
they
afford
to
Men
,
of
more
Wit
than
Judgment
;
of
more
ill-Nature
,
than
Piety
;
we
have
too
much
Experimented
.
But
can
this
Author
yet
find
out
no
other
Cause
,
that
may
have
contributed
its
Part
,
to
these
unhappy
Effects
,
no
less
,
if
not
more
,
than
all
these
Disputes
?
I
would
to
God
there
were
no
Other
.
But
what
then
shall
we
say
of
our
Factions
,
and
our
Divisions
;
our
Resentments
and
Animosities
;
our
Interests
,
and
our
Designs
?
What
shall
we
say
of
Those
new
Schisms
which
These
have
produced
?
Such
as
,
I
believe
,
were
never
heard
of
before
in
the
Church
of
Christ
;
And
for
the
●ensuring
,
or
Suppressing
of
which
▪
if
●or
Any
thing
,
a
Convocation
seems
to
be
truly
the
most
wanted
.
In
particular
;
What
shall
we
say
,
of
the
Conversation
,
and
Examples
of
some
of
those
▪
who
wait
at
the
Altar
;
and
by
their
Office
and
Profession
seem
engaged
,
beyond
all
Others
,
if
not
to
help
to
Reform
the
World
,
yet
certainly
to
take
Care
that
they
do
not
help
to
make
it
Worse
.
Whilst
Pride
,
and
P●●vishn●ss
;
Hatred
and
Evil-will
;
Divisions
and
Discontents
,
prevail
among
those
who
should
teach
,
and
correct
Others
;
And
instead
of
improving
a
true
Spirit
of
Piety
and
Purity
;
of
Love
and
Char
〈…〉
;
of
Peaceableness
and
Humility
;
we
mind
little
else
but
our
several
Interests
,
and
Quarrels
,
and
Contentions
with
one
another
:
What
wonder
if
we
see
but
little
Success
of
our
Ministry
,
and
are
but
little
Regarded
upon
the
account
of
it
?
We
must
Reverence
our
Office
our selves
,
if
ever
we
mean
that
others
should
Reverence
us
,
upon
the
accou
〈…〉
of
it
.
A
Teacher
who
is
an
H●retick
,
i●
any
Point
of
Doctrine
,
may
do
somewhat
to
Corrupt
the
Faith
:
But
't
is
the
Minister
,
who
shews
himself
an
Infidel
in
his
Practise
,
that
Roots
up
the
very
Foundations
of
Religion
;
and
prompts
Men
to
cast
off
,
at
once
,
all
Belief
of
it
.
And
thus
have
I
consider'd
those
Evils
,
from
whence
this
Author
has
endeavour'd
to
shew
,
that
it
is
absolutely
necessary
,
a
Convocation
should
be
call'd
for
the
Redress
of
them
.
I
go
on
[
2dly
.
]
To
Examine
,
what
He
has
Offer'd
to
prove
,
that
nothing
but
a
Convocation
can
do
it
.
And
:
1st
.
The
Bishops
,
He
says
,
declare
Heresie
,
or
proceed
any
farther
in
the
Punishment
of
it
,
than
any
Single
Bishop
,
by
Law
,
may
do
.
What
is
,
by
our
Law
,
to
be
accounted
Heresie
,
the
Stat.
of
1
Eliz.
c.
1.
has
declared
.
And
tho'
that
Statute
particularly
Referrs
to
the
High
Commissioners
;
yet
is
it
,
by
Construction
,
a
Safe
Rule
for
all
Others
to
proceed
by
.
As
for
the
Punishment
of
it
,
I
do
not
find
it
,
in
the
least
,
doubted
,
but
that
a
Bishop
may
proceed
by
Ecclesiastical
Censures
,
against
Hereticks
:
And
certain
it
is
,
that
now
they
can
Go
no
farther
.
So
that
here
then
there
is
no
such
mighty
Danger
;
unless
for
those
who
would
make
more
to
be
Heresie
,
than
the
Law
has
declared
so
to
be
.
And
if
that
be
the
Danger
this
Author
speaks
of
,
I
believe
all
Wise
,
and
Charitable
Men
,
will
desire
,
that
they
may
be
always
lyable
to
it
.
However
,
as
I
before
observed
;
be
the
Hazzard
what
it
will
,
the
Convocation
is
subject
to
the
same
Limitations
,
that
every
single
Bishop
lies
under
:
And
the
One
,
if
they
are
too
busie
,
may
as
easily
run
into
a
Praemunire
,
as
the
Other
.
2.
As
for
the
Authority
of
the
Universities
,
Own
Members
.
But
yet
so
great
a
Number
of
Those
,
who
make
the
chiefest
Figure
among
Us
,
when
they
are
Men
,
have
commonly
their
Education
there
,
in
those
Years
,
in
which
they
ought
to
be
well
settled
in
their
Principles
of
Religion
,
as
●ell
as
in
their
other
Notions
;
that
I
cannot
but
account
it
a
kind
of
P●●lick
B
〈…〉
sit
,
to
the
Church
and
Kingdom
,
not
only
that
those
Great
Bodies
hold
so
Sound
,
and
Intire
;
but
that
they
are
endued
with
a
sufficient
Power
,
to
hinder
any
Contagious
Principles
to
spread
within
them
,
and
to
infect
their
Members
.
His
Majesty's
Authority
is
next
excepted
agai●st
;
as
extending
no
farther
than
to
inforce
the
Exercise
of
those
Powers
,
which
(
says
He
)
I
have
already
shewn
,
and
Experience
proves
,
to
be
too
short
;
Or
clogg'd
with
too
much
Difficulty
and
Discouragement
,
to
attain
the
End
,
we
all
so
much
want
,
and
contend
for
.
'T
is
true
,
his
Majesty
does
not
pretend
to
enlarge
his
Supremacy
,
beyond
those
Bounds
which
the
Laws
of
the
Realm
have
set
to
it
:
Nor
has
he
any
Need
so
to
do
.
The
Authority
of
the
King
,
in
all
these
Matters
,
is
,
by
Law
,
very
Great
,
and
extensive
:
And
I
believe
few
Evils
can
happen
to
the
Church
,
which
may
not
,
in
Good
Measure
,
be
provided
for
by
it
.
But
here
our
Author
opens
himself
,
and
gives
us
a
broad
Hint
,
what
it
is
He
wants
.
He
would
have
the
Bishops
,
or
rather
,
the
Convocation
,
empower'd
to
determine
what
they
please
,
to
be
Heretical
:
And
when
they
have
done
so
,
to
proceed
against
their
Own
Members
,
it
not
against
Others
,
accordingly
.
By
Vertue
of
this
Power
,
whatsoever
Books
were
publish'd
by
Men
,
whom
they
did
not
like
,
should
be
censured
;
and
executed
as
Heretical
;
and
the
Authors
be
obliged
to
a
Retractation
of
Them
.
And
I
am
sometimes
afraid
,
this
Gentleman
do's
really
fancy
the
Convocation
to
have
a
certain
Original
,
Inherent
Right
,
in
it
,
so
to
do
.
Should
this
be
so
,
and
should
there
chance
to
be
any
considerable
Number
of
his
Convocation
Friends
of
the
same
Opinion
;
I
shall
onl●
say
,
't
is
Happy
for
Them
that
they
are
not
permitted
to
come
together
:
For
certainly
they
would
quickly
undo
themselves
,
if
they
were
.
It
can
hardly
be
doubted
,
but
that
,
upon
this
Supposition
,
one
of
the
first
things
these
Members
would
do
,
would
be
to
fall
soul
upon
Dr.
Sherlock
as
an
Heretick
.
Now
let
us
only
suppose
the
Dean
to
have
as
much
Kindness
for
himself
,
and
Regard
to
his
Own
Reputation
,
as
we
see
the
Men
of
the
last
Age
had
:
And
that
he
should
thereupon
take
the
same
Course
,
to
defend
himself
,
that
Dr.
Standish
before
did
.
Who
can
tell
what
the
Opinion
of
the
Temporal
Judges
in
such
a
Case
might
be
?
Or
what
they
might
make
of
their
proceeding
?
And
tho'
King
Henry
the
8th
let
the
Matter
fall
,
and
took
no
farther
notice
of
it
,
yet
should
they
now
be
deem'd
to
have
fallen
under
a
Praemunire
,
by
such
an
Attempt
;
who
will
ensure
them
that
another
Prince
shall
not
take
the
Advantage
of
it
?
But
,
indeed
,
tho'
when
Men
are
Resolved
to
maintain
an
Hypothesis
,
't
is
no
great
matter
what
they
affirm
;
and
,
in
such
a
Case
,
his
Majesty's
Authority
may
seem
nothing
to
them
:
yet
I
cannot
imagine
,
what
a
Convocation
can
do
,
that
the
King
may
not
as
well
,
and
much
more
safely
,
do
,
in
these
Matters
.
He
can
Forbid
some
Men
to
affect
new
Terms
;
Can
discourage
Others
,
who
advance
new
Theories
,
to
the
detriment
of
the
Authority
of
the
Holy
Scriptures
.
He
can
publish
Rules
for
the
Preaching
of
Some
;
and
Orders
to
Reform
the
Vices
of
Others
.
But
,
indeed
,
he
cannot
by
all
this
,
or
by
any
thing
else
that
He
can
do
,
Oblige
some
Men
:
And
therefore
ought
the
less
to
be
blamed
,
if
he
do's
not
trouble
himself
to
Go
out
of
his
Way
,
to
gratifie
their
peevish
,
and
unreasonable
Desires
.
4.
And
now
we
are
come
to
the
last
But
why
may
not
the
Parliament
be
as
well
Qualified
to
put
a
Stop
to
the
Loosness
,
or
rather
the
Licentiousness
,
of
our
present
Times
,
as
the
Convocation
?
That
hitherto
they
have
not
Effectaul
Way
of
dealing
with
Them
.
And
I
have
before
shewn
,
that
to
enable
them
to
know
what
is
Heretical
,
it
is
by
no
means
nicely
Skill'd
in
the
Languages
of
the
Bible
;
much
less
that
they
should
be
Masters
of
all
the
Learned
Fathers
,
or
of
the
History
of
the
Primitive
Church
.
Let
them
stick
to
the
Rule
already
Establish'd
by
Authority
of
Parliament
;
1
Eliz.
c.
1.
And
provide
only
,
that
nothing
be
innovated
,
or
attempted
,
contrary
thereunto
;
and
I
believe
it
will
puzzle
the
Convocation
,
to
shew
,
what
could
more
effectually
be
done
to
support
the
Catholick
Faith
,
or
to
suppress
those
Heresies
,
which
,
now
especially
,
set
themselves
up
in
Opposition
thereunto
.
As
for
the
Papists
Objection
against
meerly
Parliamentary
,
it
has
been
often
answer'd
;
and
would
receive
no
great
Strength
,
by
the
adding
of
one
new
Law
in
defence
of
the
Catholick
Faith
.
We
cannot
but
remember
,
what
Endeavours
the
Papists
themselves
once
made
,
to
get
a
Parliament
for
their
Purpose
.
Could
they
have
attain'd
their
Ends
,
and
have
got
their
Religion
restored
again
,
by
a
legal
Authority
;
I
believe
they
would
hardly
have
thought
the
worse
of
it
,
for
being
Parliamentary
;
or
have
refused
to
let
it
be
introduced
,
by
the
Will
of
the
Prince
,
and
the
Authority
of
the
Peers
and
Commons
.
And
whatsoever
this
Gentleman
may
fancy
,
I
dare
say
,
the
Parliament
will
always
think
,
that
it
lies
in
the
Breast
of
the
King
,
and
of
that
High
Court
,
to
determine
,
what
shall
be
the
National
Religion
;
and
have
the
Advantage
of
a
Legal
Establishment
to
support
it
.
And
I
would
desire
this
Author
to
tell
us
,
if
He
can
;
Supposing
an
Act
were
drawn
up
upon
his
Own
Terms
,
to
prohibit
all
Persons
to
Write
or
Dispute
in
favour
of
Atheism
,
Deism
,
Socinianism
,
&c.
Or
any
Books
,
relating
to
Religion
,
to
be
printed
,
or
sold
,
that
were
not
Licenced
by
the
Archbishop
of
the
Province
,
and
approved
by
the
Bishop
of
the
Diocess
,
in
which
the
Author
Lived
,
(
whose
Name
should
evermore
be
set
to
them
:
)
And
were
this
Law
enforced
with
suitable
Penalities
,
and
care
taken
,
that
those
Penalties
should
be
put
in
due
Execution
;
I
say
,
supposing
such
an
Act
were
pass'd
,
let
this
Author
judge
,
whether
it
would
not
be
much
more
likely
to
put
a
Stop
to
the
Presumption
of
such
Persons
,
than
ten
thousand
Canons
made
by
the
Convocation
;
tho'
an
Anathema
were
added
to
every
one
of
them
.
And
now
our
Author
has
but
one
thing
more
to
do
,
and
then
He
thinks
should
have
the
Boldness
to
attempt
to
raise
a
Ferment
in
it
,
in
Defence
of
Doctrines
or
Persons
too
justly
liable
to
Censure
.
Now
in
this
Case
,
he
tells
us
,
It
's
not
to
be
doubted
,
but
that
the
Piety
,
and
Moderation
,
and
Christian
Courage
of
the
Rest
,
would
be
soon
Able
to
Suppress
it
,
and
to
advance
the
Good
Ends
for
which
they
are
call'd
.
I
am
willing
to
indulge
any
Good
Opinion
of
a
Convocation
,
that
any
one
can
reasonably
desire
;
and
therefore
shall
not
Oppose
our
Author
in
this
.
Only
I
must
Observe
,
that
all
this
is
but
a
Conjecture
,
and
must
be
left
to
Time
to
discover
,
when
this
Great
Assembly
shall
be
met
,
and
these
Persons
be
call'd
to
an
account
by
them
.
The
Proceedings
of
large
Bodies
are
very
Uncertain
;
And
't
is
as
hard
to
calculate
before-hand
how
they
will
act
,
when
they
come
together
,
as
to
compute
at
Christmas
,
which
way
the
Wind
will
sit
in
March
.
A
very
little
matter
throws
them
into
Disorder
;
and
when
Men
think
they
have
made
their
Party
so
strong
,
that
nothing
can
Oppose
them
,
yet
we
know
how
mistaken
they
have
oftentimes
been
;
and
have
seen
all
their
Projects
,
by
some
indiscernible
Accident
,
or
Omission
,
brought
to
nothing
.
To
conclude
then
;
It
is
confess'd
better
Discipline
setled
in
the
Church
;
and
a
Vigorous
Law
made
in
Defence
of
our
Faith
,
and
to
Restrain
those
scandalous
Attempts
that
are
made
against
it
;
this
might
possibly
reduce
our
Disorders
within
some
tolerable
Bounds
;
but
any
thing
short
of
this
,
would
,
I
fear
,
signifie
very
little
.
And
when
our
Other
Circumstances
shall
be
so
favourable
,
as
to
encourage
the
Government
to
think
of
this
;
I
shall
then
readily
Close
in
with
this
Gentleman
,
and
confess
,
that
it
will
not
only
be
very
sitting
,
but
a
matter
of
Duty
,
in
the
Prince
,
to
call
a
Convocation
;
and
to
Require
them
to
consider
,
how
to
Restore
the
Honour
of
Religion
,
and
to
suggest
to
his
Parliament
such
Heads
,
as
may
be
proper
for
them
to
pass
into
an
Act
,
for
the
better
Preservation
of
it
in
Times
to
come
.
CONCLUSION
.
AND
thus
have
I
done
with
the
all
sorts
of
Persons
;
and
upon
none
more
than
upon
Those
,
who
might
have
expected
to
have
the
least
fallen
under
the
Levities
,
and
Scurrilities
of
such
a
Piece
.
But
this
is
a
Work
of
too
ungrateful
a
Nature
to
be
particularly
pursu'd
:
And
I
am
sensible
,
that
in
doing
of
it
,
I
must
either
say
very
much
less
,
than
He
has
taken
care
to
deserve
;
Or
very
much
more
,
than
I
am
willing
to
allow
my self
to
do
.
It
is
,
indeed
,
very
sad
to
consider
,
what
an
Immoderate
Liberty
some
Men
indulge
Themselves
,
on
these
Occasions
.
With
what
Readiness
,
nay
with
what
Satisfaction
,
they
catch
at
any
thing
that
is
scandalous
;
and
may
help
to
blacken
Those
,
whom
they
do
not
Love
.
And
if
they
can
but
give
it
a
Witty
Turn
;
or
pass
it
off
with
a
Little
Grace
,
as
if
they
were
sorry
to
speak
it
;
or
unwilling
to
believe
it
;
(
tho'
all
the
while
it
is
apparent
,
that
,
by
that
very
Insinuation
,
they
hope
to
make
it
stick
the
more
)
they
think
they
have
done
their
Business
:
They
have
Guarded
themselves
against
being
called
to
account
for
it
by
Men
;
and
,
I
am
Afraid
,
they
never
once
think
,
what
Account
they
must
give
for
it
to
God
.
It
is
,
by
this
little
Artifice
,
that
this
bold
Writer
,
has
presumed
to
vent
best
Men
;
as
had
they
really
been
true
,
could
hardly
have
been
Reported
without
a
Crime
.
Has
traduced
the
No
Religion
;
but
particularly
,
as
no
Friend
to
the
Church
of
England
.
The
Arch-bishop
,
as
either
Churches
Interests
;
or
too
much
a
Courtier
to
trouble
the
King
about
them
.
The
Bishops
,
as
Men
that
Inferiour
Clergy
as
full
of
Discontents
ill
used
,
and
resent
it
accordingly
.
And
,
lastly
,
even
the
Conspiracy
of
all
Sorts
of
Men
among
Us
,
to
undermine
the
Catholick
Faith
;
so
that
it
is
much
to
be
feared
no
Order
,
no
Degree
,
or
Place
among
Us
,
is
wholly
free
from
the
Infection
.
It
would
be
endless
for
me
to
insist
There
was
,
says
He
,
a
Time
,
when
the
was
deem'd
Publick
Enemies
,
and
us'd
as
such
;
(
viz.
in
the
Reign
of
Edw.
1.
)
but
it
was
upon
a
very
Honourable
Account
;
because
they
Asserted
the
Laws
of
the
Realm
.
The
King
,
at
that
Time
,
did
by
Commission
,
against
the
ancient
Laws
and
Customs
of
the
Kingdom
,
pretend
to
collect
Money
,
without
the
Assent
of
Parliament
;
not
from
the
Clergy
only
,
but
from
the
Earls
,
Barons
and
Commonalty
of
the
Realm
.
The
Latter
did
,
too
many
of
them
,
submit
;
the
Clergy
stoutly
Resisted
it
:
So
that
Sir
Robert
Brabazon
,
the
King's
Chief
Justice
,
pronounced
openly
in
the
King's
Bench
,
(
in
terrorem
)
that
from
thenceforth
no
Justice
should
be
done
at
their
Suit
;
and
that
Justice
should
be
done
against
Them
in
the
King's
Courts
,
at
any
Man's
Suit
.
This
Passage
I
mark'd
,
when
I
first
read
the
Institutes
,
as
a
very
extraordinary
one
:
(
't
is
pag.
529.
2
Inst
)
I
suppose
you
will
think
it
so
too
,
and
that
England
was
then
bless'd
with
a
Righteous
Chief
Justice
.
This
is
the
Fable
;
and
the
Moral
of
deem'd
Publick
Enemies
;
but
upon
a
very
Honourable
Account
,
because
they
Assert
the
Laws
of
the
Realm
;
that
is
,
stand
up
for
Another
Interest
,
and
are
Enemies
to
the
Present
Government
.
For
this
,
they
are
not
only
Deem'd
Publick
Enemies
,
but
are
Used
as
such
.
Some
of
them
have
been
turn'd
out
of
their
Preferments
;
Others
have
been
Discountenanced
,
and
not
Preferr'd
,
according
to
their
Deserts
:
because
they
also
have
Honourably
stood
up
for
the
Laws
of
the
Realm
,
that
is
,
for
another
Interest
;
tho'
they
have
again
and
again
sworn
Obedience
to
the
Present
Government
;
and
some
of
them
(
tho'
sore
against
their
Wills
)
even
Subscribed
the
Association
,
in
Defence
of
it
:
To
say
nothing
of
Others
,
who
were
the
most
forward
and
busie
,
of
any
in
the
Kingdom
,
to
help
on
the
Revolution
:
and
to
establish
that
Government
they
now
dislike
.
And
this
they
have
done
at
the
same
time
that
the
Laity
have
,
too
many
of
them
,
submitted
:
And
will
,
I
hope
,
shew
that
they
are
Able
to
defend
the
Government
which
they
have
established
,
against
all
the
Enemies
of
it
;
tho'
they
are
never
so
much
censured
and
reviled
,
by
these
new
Patriots
,
for
their
so
doing
:
Having
thus
accounted
for
this
Story
,
Sir
Edw.
Cook
;
(
Whose
Authority
in
point
of
History
,
he
is
willing
to
allow
of
,
tho'
He
cannot
Away
with
it
,
in
a
Point
of
Law
:
)
I
shall
in
Justice
to
the
Memory
of
that
Great
Prince
,
and
most
worthy
Judge
,
give
a
true
Account
of
this
whole
Matter
;
And
let
this
Author
,
if
He
pleases
,
make
as
pertinent
an
Application
of
it
for
me
,
as
(
if
I
am
not
mistaken
)
I
have
done
for
Him
.
King
Edward
the
1st
,
having
exhausted
his
Stores
in
the
War
of
Scotland
,
All
Souls
,
and
accounted
his
Circumstances
to
Them
.
The
Laity
readily
Granted
him
a
Subsidy
,
as
desired
;
but
the
Clergy
,
pretending
their
Fear
of
the
Pope's
Bull
,
deny'd
,
in
any
wise
,
to
assist
Him
.
Pope
Boniface
the
VIIIth
.
being
desirous
to
advance
the
Liberties
of
the
Church
;
had
,
the
Year
before
,
publish'd
a
Constitution
,
by
which
he
sorbad
the
Clergy
to
pay
any
Taxes
to
their
Prince
,
without
the
Pope's
Consent
;
and
Excommunicated
as
well
the
Receivers
,
as
Payers
,
of
such
Taxes
.
This
was
the
Bull
which
these
Good
Men
stood
upon
;
and
this
that
Pope
publishd
,
at
the
particular
Robert
Winchelsea
,
Arch-bishop
of
Canterbury
,
and
of
the
Rest
of
the
Clergy
of
England
.
The
King
,
tho'
he
were
sufficiently
sensible
of
their
jugling
,
and
displeased
at
it
;
nevertheless
gave
them
time
,
till
the
next
Parliament
,
to
consider
what
they
had
to
do
;
and
how
to
make
some
better
,
and
more
satisfactory
Answer
to
Him
.
But
,
in
the
mean
time
,
He
caused
all
their
Stores
to
be
sealed
up
:
And
the
Arch-bishop
,
to
be
even
with
Him
,
at
the
same
time
,
order'd
The
next
Parliament
being
met
at
London
,
the
Day
after
Hilary
;
the
King
again
demands
a
Supply
of
them
.
They
persist
in
their
Denyal
;
and
the
King
thereupon
puts
them
out
of
his
W.
Thorne
ad
Ann.
1296.
1965.
Col.
Protection
:
And
holding
his
Parliament
,
with
his
Barons
,
without
them
;
an
Act
is
pass'd
,
by
which
all
their
Goods
are
Confiscated
to
the
King's
Use.
In
this
State
the
Clergy
were
,
when
the
Lord
Chief
Justice
(
as
my
Lord
Coke
says
,
Sir
Robert
Brabazon
,
who
was
then
Chief
Justice
,
not
of
the
King's
Bench
,
but
of
the
Common-pleas
:
)
declared
to
the
Attorneys
of
the
Bishops
and
Clergy
,
what
the
King
,
and
Parliament
,
King's
Court
,
tho'
they
should
be
never
so
much
injured
;
but
that
Justice
might
be
had
against
Them
,
by
any
who
had
need
,
and
would
move
it
to
the
Court.
Now
this
was
no
more
than
declaring
to
them
how
the
Law
then
stood
,
and
still
is
,
in
the
like
Cases
:
And
in
which
it
is
Agreed
,
that
Men
Attaint
,
shall
be
put
to
answer
in
Any
Action
against
them
;
because
it
is
to
their
Prejudice
:
But
in
an
Action
brought
by
Them
,
they
shall
not
be
Answered
;
because
it
is
to
their
Benefit
So
that
if
the
Chief
Justice
committed
any
Fault
,
it
must
be
either
in
Obeying
the
Law
,
or
in
declaring
to
their
Council
what
Incapacities
the
Clergy
lay
under
:
That
is
,
for
acting
uprightly
in
his
Place
,
and
judging
according
to
the
Laws
of
the
Realm
;
which
is
not
wont
to
be
accounted
a
Crime
in
such
Persons
.
The
truth
is
,
there
is
hardly
a
Man
of
those
Times
,
upon
whom
this
Author
could
more
unluckily
have
Reflected
,
than
this
Sir
Robert
Brabazon
.
He
was
made
Second
Justice
of
the
Common-pleas
,
by
King
Edward
1st
.
about
the
18th
Year
of
his
Reign
.
Seven
Years
he
served
his
Prince
in
that
Station
,
and
was
then
,
for
his
Merits
,
created
Lord
Chief
Justice
of
that
Court
:
Anno
24.
Edw.
1.
In
the
first
Year
of
his
Son
King
Edw.
2.
He
was
sworn
anew
into
his
Place
:
And
about
Seven
Years
after
,
had
the
Care
of
the
Treasury
committed
to
him
,
till
a
Lord
Treasurer
should
be
chosen
,
which
was
done
about
a
Year
after
.
And
being
thus
Grown
Old
in
the
Service
of
his
two
Masters
,
and
disabled
to
attend
any
Longer
at
his
Court
;
that
he
might
sit
down
with
Honour
,
He
was
,
in
Consideration
of
his
Great
Fidelity
,
chosen
into
the
King's
Council
,
and
in
that
Quality
,
ended
his
Life
.
This
is
the
Man
,
whom
this
discreet
Author
has
endeavour'd
to
Bespatter
;
and
this
was
the
Crime
,
for
which
he
so
tragically
exclaims
against
Him
.
And
now
,
upon
the
whole
matter
,
let
this
Gentleman
freely
say
,
What
he
has
to
except
against
,
in
the
Conduct
of
this
Great
Prince
?
Or
whether
,
upon
a
true
State
of
this
Matter
,
He
will
espouse
the
Cause
of
the
Archbishop
and
Clergy
?
Here
is
a
brave
,
and
war-like
Prince
,
engaged
in
a
War
of
the
utmost
Consequence
,
to
his
Country
and
People
.
He
carrys
it
on
,
himself
,
with
Vigor
,
and
ends
it
with
Glory
.
He
forces
his
Enemy
,
not
only
to
yield
to
Him
;
but
to
Own
his
Authority
,
and
do
him
Homage
.
Being
Return'd
with
Victory
,
He
calls
his
Parliament
;
and
is
Readily
assisted
by
his
Lay
Subjects
to
pay
his
Debts
,
and
prepare
himself
against
his
Other
Enemies
.
Only
his
Clergy
,
not
only
Refuse
to
contribute
to
the
Defence
of
their
Country
,
but
put
an
Indignity
,
of
the
basest
Nature
,
upon
their
King
.
Like
the
Pharisees
,
with
their
Vow
of
Corban
;
they
first
procure
the
Pope
to
pass
an
Order
against
their
assisting
of
Him
,
and
then
,
(
with
a
Jewish
Hypocrisie
)
look
demure
,
and
pretend
:
That
truly
they
would
Assist
him
,
with
all
their
Hearts
,
but
the
Pope
has
forbidden
it
,
And
they
dare
not
do
it
.
In
return
to
this
Usage
,
the
King
determines
no
longer
to
afford
his
Protection
to
those
,
who
had
deliver'd
themselves
up
to
Another
Interest
;
and
thereupon
refused
to
contribute
any
thing
to
the
Support
of
the
Government
,
by
which
they
were
secured
in
the
peaceable
Enjoyment
of
their
Own
Rights
,
and
Estates
.
And
the
Parliament
thought
his
Resolution
so
just
,
that
they
closed
in
with
it
;
and
readily
confirm'd
it
with
their
Authority
.
This
was
the
Case
of
the
whole
Clergy
then
;
and
it
is
but
too
like
the
Case
of
some
of
them
Now.
And
the
Effect
was
,
that
being
,
by
this
means
,
brought
to
a
Sense
of
their
Duty
;
the
greatest
Part
of
them
presently
submitted
to
the
King
;
and
All
,
the
next
Year
,
granted
a
Supply
to
Him
:
And
have
thereby
left
us
this
Observation
,
That
the
only
way
to
deal
with
some
Persons
,
is
to
treat
them
as
they
deserve
:
And
to
let
them
know
,
that
those
are
unworthy
of
the
Protection
of
the
Government
,
who
are
Embark'd
in
an
Interest
different
from
it
;
and
Refuse
to
Contribute
to
the
Necessities
of
it
.