BX 5170 .G5 1854 Gibson, Edmund, 1669-1748. Synodus anglicana Digitized by the Internet Archive in 2015 https://archive.org/details/synodusanglicanaOOgibs SYNODUS ANGLICANA, edmund Gibson, d.d. AFTERWARDS BISHOP OF LONDON. EDITED BY EDWARD CARDWELL, D.D. PRINCIPAL OP ST. ALLAN'S HALL. OXFOED: AT THE UNIVERSITY PRESS. M.DCCC.LIV. PREFACE TO THE EDITION OF 1854. X HE principles of government established in England by the accession of king William III to the throne, however new and alarming to several orders in the state, and questionable to large masses of the people, were calculated to overcome any amount of resistance, and to become at length the prevailing sentiment of the nation. Growing naturally out of the jealousy which had from the first been entertained against the principles of the House of Stuart, embittered and ex- aggerated during a long interval of disorder, and ma- tured by means of the degrading reaction that followed, they finally became the outward acts in which the whole people expressed their maintenance of their laws, their liberties, and their religion. They were embodied in the bill of rights, and were considered thenceforward as another great charter, conveying higher benefits and affecting larger interests than that ancient one, because it represented a condition of so- ciety much more advanced and complicated. The two general principles which issued from the new arrangements of this period, and directed the ten- dencies of public measures for the future, were the curtailment of prerogative and privilege, and the ad- vancement of popular rights and representative govern- ment. All power had contracted the nature of a trust, and the parties for whose benefit the trust was exer- cised, had acquired an implicit control over the ad- ministration of it. It is manifest that any principles, and especially b 2 iv PREFACE TO THE principles of large application, if they were promoted by the chief government, and disseminated from all places of power and influence, would speedily make their way into private as well as public life, and affect the conduct of men, in whatever relations they were called upon to act. The whole community was exposed to the ruling tendency, and whatever might be their former impulses, they were all of them in their dif- ferent directions acted upon by this new force, being either accelerated or retarded by it. There could not have been a body more certain in its own nature to be the subject of aggression at this crisis, and yet less likely from accidental circumstances to yield to it, than the government of the church. The convocation of the province of Canterbury had been I regarded from the time of the Reformation as the le- gislature of the church, and though treated at different periods with different degrees of respect and deference, had never abated in its own claims, or lost its ascend- ancy in the sentiments of the nation. The clergy, in- deed, in general, from whom its members were exclu- sively derived, besides the reputation they had acquired for learning and intellect, had strongly shewn their de- votedness to the cause of rational liberty, and being naturally regarded as a main agent in the great work which the nation had accomplished, had imparted somewhat of their own strength to the body that go- verned them. It would not be surprising, then, that the govern- ment of the church, though resting upon a borrowed strength, should partake in public estimation in the honours due to the government of the state, or that the convocation of the province of Canterbury should be brought into comparison with the parliament of the kingdom. EDITION OF 1854. v But the clergy of the lower house of convocation, subject at all times to much doubt and question as to the extent of their separate rights and privileges, were at .this period exposed to a greater likelihood of losing the small amount of power they actually possessed. Deriving no authority whatever as a separate house from the ancient annals of the church, they found little in their own early history even to justify the belief that they were free agents and independent of the house of bishops. When summoned to convocation by the pri- mate, they had always brought with them the same sense of subordination, and had been met with the same maintenance of superiority, which they felt in their respective dioceses. They assembled to receive injunctions, rather than to join freely in debate. Their attendance accordingly was rare and reluctant, and would probably have been discontinued, had it not been necessary for the crown to require aids and sub- sidies from the great body of the clergy, the collection of which would be most readily made, if their consent had been obtained previously. And this necessity was the real basis on which rested the rights and inde- pendence of the lower house of convocation. Three privileges, strictly limited in their exercise, and resting upon undefined custom, and not upon the constitution of a synod, appear to have been the only acknowledged rights possessed by the lower house, as distinct from the house of bishops, near the close of the seventeenth century. From the direction given by the archbishop, whenever he submitted a question to the lower clergy, that they should withdraw from the whole convocation assembled in Henry Vllth's chapel to another chapel below, the lower house acquired the right of acting as a separate body, and maintaining a substantive existence : from the necessity, which could vi PREFACE TO THE not be denied them, of voting on a demand for aids and subsidies, followed the right of voting in like man- ner on any other question submitted to them : from the power of acting as a constituted body arose the right of placing a prolocutor at their head, to moderate at their debates, and to be their medium of communi- cation with the house of bishops. But these three privileges were so closely circum- scribed, that they afforded little scope for independent action. The lower clergy were formed into a separate body ; but they received directions from the upper house as to the business they were allowed to transact, and mandates from the same house suspended their proceedings and prorogued their sessions: they had a final negative on the measures transmitted to them ; but the only method in which they could urge their complaints and offer their suggestions was in the form of a petition to the bishops: they could elect their own prolocutor ; but he derived his authority from the con- firmation of the archbishop. And such, so narrow in its extent, and so question- able in its origin, was the charter of the clergy in the lower house of convocation near the close of the seven- teenth century. But a change had recently taken place in their practice, which, however dangerous in its con- sequences to both houses, was especially fatal to the liberties of the lower clergy. The right of self-taxation on which, as already observed, the independence of the lower house had practically rested, had been relin- quished at the period of the Restoration 3 , and with it a " It was first settled by a verbal agreement between archbishop Sheldon and the lord chancellor Clarendon, and tacitly given into by the clergy in general, as a great ease to them in taxations. The first public act of any kind relating to it was an act of parliament in 1665, by which the clergy were, in common with the laity, charged EDITION OF 1854. vii had been forfeited the only reason then remaining for allowing a convocation to proceed to business when- ever a new parliament assembled. From the year l663 b down to the period of the Revolution, it does not appear that any business was transacted, or even that in all eases a prolocutor was appointed. And this continued to be the case, notwithstanding that the house of lords addressed the throne in two instances, praying that the convocation might meet, and business be proposed to them. Over this condition of things, so antiquated and ruinous, broke out a storm and tempest of opinion, excited by many years of misrule, and gathered toge- ther by the revolution of 1688. The very nature of a convocation, whether in practice or in theory, was shaken and endangered by the tumult. The peculiar and preeminent claims of a church, the coexistence of a rival legislature, the constitution of a synod designed to enact canons for the whole community, but consist- ing of members obtained from one single order of it, these and other postulates of a like nature were little in accordance with the spirit and sentiment of the times, and were certain to occasion debate and dissen- sion. But if this were the hazardous condition of the convocation as a body, much greater were the diffi- with the tax given in that act, and were discharged from the pay- I ment of the subsidies they had granted before in convocation : but in this act of parliament of 1665 there is an express saving of the right of the clergy to tax themselves in convocation, if they think fit ; but that has been never done since, nor attempted, as I know of, and the clergy have been constantly from that time charged with the laity in all public aids to the crown by the house of commons." — Note by Speaker Onslow on Burnet's Own Times, vol. iv. p. 520. b The last subsidy granted by convocation appears to have been in the year 1663, " quatuor subsidiorum juxta ratam quatuor solido- rum de qualibet libra." — Wilkins, Cone. vol. iv. p. 578. Vlll PREFACE TO THE culties that surrounded the case of the lower clergy. Never possessing a well-defined authority, they had always been trained to a tone of obedience and sub- mission ; they had recently lost the most prominent token of their independence ; and they had reason to fear that their house would relapse into its original in- significance, the few rights they had hitherto acquired being now in the greatest jeopardy. To these reasons for disquiet must be added the feeling of importance entertained by the great body of the clergy, the im- pulse they derived from public esteem and confidence, and the spirit of hope and progress which animated all classes of the community. But among the strange intricacies of* the times was the disposition prevailing in the lower house to oppose the measures of the court, and to stay the progress of innovation. The bishops had suffered more than their brethren by recent persecution, and finding their ranks reinforced by able and earnest supporters of the new government, were willing to accord with the general sentiment of the times. But the clergy of the lower house, not being brought so closely as their superiors into contact with the court, and dreading the contagion of foreign manners and the less careful construction of foreign churches, became suspicious and impracticable. In proportion as the bishops were more disposed to re- commend the comprehension of non-conformists, the lower clergy became more resolute in their endeavours to exclude them; and there followed a tendency in the lower house to look upon their governors in church as well as state with distrust and jealousy, and to mea- sure their own prosperity by the disappointment of their superiors. It would not be surprising that any apparent encroachment upon their scanty privileges should make them rebel against the authority of the EDITION OF 1854. IX upper house, or even induce them to employ the spirit of progress and innovation, however alien from their own principles, if by such means they could provide themselves with weapons for the approaching conflict. The result in reality was a contrast of inconsistency. The upper house supported the liberal and comprehen- sive measures of the court, but laid strict limitations and a heavy rule upon the lower clergy ; while the latter expressed in their resolutions the strongest views of ecclesiastical order and discipline, and yet had re- course in their measures to abstract principles, and ar- guments better suited to the condition of a presbytery, to enforce and extend their independence of the house of bishops. The first symptoms of this spirit of resistance were | shewn in the convocation of 1689, when the lower house rejected Dr. Tillotson as their prolocutor, al- though recommended to them by his own love of mo- deration and by the favour of the crown, and chose in preference Dr. Jane, who was known to be a divine 0 of great reading and resolution, and supposed to be fitted for the work of a fierce opposition by personal feelings of resentment. He was elected by a large majority ; and his election, coupled with the strong political in- fluence that was employed in promoting it, gave suffi- cient intimation that measures proposed by the court would not be likely to meet with acceptance from the great body of the clergy. This intimation was soon followed by an act not only forcible in itself, but preg- nant with much latent hostility. When the bishops sent down an address acknowledging the protection his majesty had afforded to religion in general, and especially to their established form of it, but so ex- c Hist, of Conferences, p. 424. X PREFACE TO THE pressed as to include the church of England under the general title of Protestant Churches, the lower house required the expression to be altered, on the avowed principle that they disowned all communion with fo- reign churches. The case was too manifest to be mis- understood. The upper house, lacking its full propor- tion of bishops, and deprived of its metropolitan, could not exercise its usual influence over the clergy in ge- neral; and the king readily adopted the only alterna- tive remaining to him of discontinuing the session, and preventing- any future renewal of the strife by succes- sive prorogations. The convocation summoned for the 22nd of Novem- ber, 1695, was prorogued at different intervals, and finally dissolved on the 12th of July, 1698. On the 24th of August in the same year another convocation met, but with the same result. In neither case was any business done, nor even a prolocutor allowed to be appointed. The jurisdiction of a synod, and more especially the feeble authority of the lower house, ap- peared to be perishing from sheer exhaustion ; and the crown had taken care, by means of its own injunctions and proclamations, to satisfy the wants of the church, and to fill the important office which had thus become vacant. The recent history of the state, the disposi- tion of the court, the acquiescence of the bishops, the distracted condition of the clergy, and the tendency of public opinion, all contributed to strengthen the im- pression, that the government of the church by means of convocations was at an end. But although the non-jurors had already withdrawn from the established church, and had taken away with them such of its members as were the most exact in discipline and dogmatic in sentiment, there still re- mained many who thought it essential to the existence EDITION OF 1854. XI of a church that it should be governed by an ecclesias- tical council, constituted after the ancient model, and with liberty to act. It was necessary that their argu- ment should rest upon the basis of antiquity and the first construction of the Christian church ; but they were at liberty, as they proceeded, to borrow strength and illustration from the nature of a society in general, and from some form of external government with which all parties were familiar. And this was the state of affairs at the opening of the eighteenth century, when passing events were bringing forth their conse- quences, and public opinion was presenting itself in new forms and shapes of action. It was at this crisis that a few active and resolute men, with devotedness to the church upon their lips, and strong ambition in their hearts, determined to turn the current aside from its natural channel, and to make use of it for their own distinct purposes. But they had an arduous task before them. Their case was to be argued on incongruous and opposing principles ; their language spoke of deference and submission to au- thority, when in their conduct they undermined and overpowered it ; they insisted on the rights of the ancient church, and yet employed the principles of the recent revolution in the state : the voice was Jacob's voice, but the hand was the hand of Esau. About twenty members of the lower house took occasion to meet together, when the convocation of 1695 was formally prorogued, and represented to the archbishop through his commissary, that "it was the sense of the clergy in general, to their knowledge, that it might prove of dangerous consequence to the church to have convocations in this manner discontinued, with- out allowing the lower clergy to be formed into a body xii PREPACK TO THE by the choice of a prolocutor e ." This representation was made a second time and graciously answered ; but its prayer was not complied with on the occasion which first offered itself, when the convocation of 1698 as- sembled. In the preceding- year had appeared the work of Dr. Wake, " The authority of Christian princes over their Ecclesiastical synods," and "A letter to a Member of Parliament," by the recorder of Oxford, in both of which, and especially in the former, it was maintained that the powers of convocations depended entirely upon the pleasure of the crown, and that having now become useless for the purpose of raising subsidies, there was no sufficient reason for their being regularly assembled. These sentiments powerfully maintained, and sup- ported, as it appeared, by high authorities in the church as well as in the state, led to the publication in the year 1700 of Dr. Atterbury's work on "The rights, powers, and privileges of an English convocation f ." His motive was expressed in the following words : " The innovation made in these matters has begun within these ten years last past. For though it has been usual to adjourn convocations a few days after they had met and sat, when there was little or no business to do, vet it was never till now known, that a convocation was e An Expedient proposed, p. 6. col. i. 1 " Dr. Atterbury's book concerning tbe rigbts of a convocation was reprinted [in 1701] with great corrections and additions: tbe first edition was drawn out of some imperfect and disorderly col- lections, and he himself soon saw that, notwithstanding the assurance and the virulence with which it was writ, he had made many great mistakes in it. So to prevent a discovery from other hands, he cor- rected his book in many important matters." — Burnet's Own Times, vol. IV. p. 519. EDITION OF 1854. xm adjourned on and on for large spaces of time, even before it sat; that is indeed, before it was, properly speaking, a convocation. This new practice, (which Dr. Wake, in my opinion, by as new law justifies,) we know the date of, and have reason therefore to obviate it while it is new ; and to take some care that it may not in a little time be able to plead a quiet pre- scription §>." In another passage, " It is so far from being in my intention, that it is not in my wishes, to set up a plea for any of those old privileges and preeminences of the clergy which are long since dead and buried, and which, I think, ought never to be revived, even for the sake of the clergy themselves, who have thriven best always under a competency of power, and moderate pretences. The present rights they stand plainly pos- sessed of by law, are sufficient to render them useful members of the commonwealth within their proper spheres; and that these rights may be well understood and secured, is the great and only design of these papers. To that end I have vouched the precedent passages from the records of parliament and convo- cation: not to set up any vain pretence to the utmost of that parliamentary interest which the clergy some- time had, but to secure only what remains of it to them, by shewing that their separation from parliament did not cut them off from all manner of relation to it ; but that still, after that, their convocations though held at a distance from the parliament, were in their own nature, as well as in the acceptance of the crown and in the eye of the law, parliamentary assemblies' 1 ." The result of his argument, enforced by great elo- quence and supported by much appearance of learning, ? Rights, powers, &c. p. 124. h P. 63. edit. 1702. XIV PREFACE TO THE was summed up in the following manner: "The result of all is this; that if some hundred years' custom can make a law, then may we without offence affirm it to be law, that the convocation should sit with every new parliament. If the true notion of a convocation be, that it is an assembly of the clergy always attending the parliament, then it is no presumption to say, that we have the same law for the sitting of a convocation, as we have for that of a parliament. And by this law the clergy (as was said before in relation to the canons of the church) are not only under a duty to attend, but have also a right to meet ; so that as their writs for assembling concurrently with a parliament are not mere letters of grace and compliment, but to be emitted ex debito justitice, and whether the govern- ment has any thing to propose to them or no, so like- wise are their assemblies at such times to be held by the same law, notwithstanding it may be pretended that there is no occasion for them. For although their consent may not be necessary, nor their advice seem wanting, yet as they are bound to w T ait, if either shall be asked, so may the clergy themselves have some informations and remembrances to offer, and some petitions to make concerning such things as they may be supposed to take more particular notice of, or wherein they may be more peculiarly concerned. And this liberty and opportunity of representing what they may think necessary is to be esteemed by them as their great parliamentary privilege, not to be waved, like the others, for the better course of common justice, but to be asserted and confirmed for the good of the whole king- dom'." "Upon the whole then it appears that the clergy-commoners have all along had an undoubted Page 75. EDITION OF 1854. xv right of being frequently assembled, and particularly by the law of England, as often as a new parliament is called. That being assembled, they had anciently a right of framing canons, and of doing several synodical acts (not inconsistent with the law of their country) without expecting the prince's leave for entering on such debates or making such decrees. That the limitations made to the exercise of this right by the 25 Henry VIII. c. 19- chiefly concern the archbishop of either province ; who is now restrained, as from calling a convocation without the king's writ, so from passing or ratifying any canon without the royal license, and from promulging the same by his own authority. That the inferior clergy are no otherwise concerned, than to take care that they give their consent to no canon framed by themselves, or sent from the upper house, otherwise than with submission to the royal pleasure, if the king's license and assent be not before obtained. That they are left therefore entirely at their liberty to confer and deliberate even about new canons, and also to devise, frame, and offer them to the upper house, if with a protestation annexed, that they are neither intended nor desired to be enacted without the king's license. Much more, that there remains to them a liberty of petitioning either that old canons may be executed or new ones made according to law, and to such pur- poses as the petitioners shall suggest; or of repre- senting their humble opinions concerning the affairs of the church or of religion, and if need be, beseeching a redress, at least in general terms J." j Page 121. xvi PKEFACE TO THE It is manifest from these passages that the analogy between a convocation and a parliament had been so completely established in the dispute hitherto main- tained between the clergy and the crown, that the supporters of the lower house would by an easy trans- ition find it to be a topic ready for their purpose, and likely to be admitted withoi i inquiry, whenever it might be desirable to employ it in their own behalf in opposition to the house of bishops. And the opportu- nity was soon afforded them. The new government appointed by the king in the year 1700 made it one of their conditions that the convocation should be allowed to sit. It met accord- ingly on the 10th of February, and Dr. Hooper k being elected prolocutor, was confirmed in his office by the archbishop (Tenison). On the 25th of February, when the archbishop sent down a schedule to the lower house to determine the session, the lower house still conti- nued sitting, and proceeded in some debates of no importance ; after which the prolocutor intimated an adjournment by consent of the house, to meet again in Henry VHth's chapel, instead of the Jerusalem chamber, the place designated in the archbishop's schedule. On the 28th of February the lower clergy not having as- sembled in the Jerusalem chamber, the archbishop sent for the prolocutor, and required answers to the two following questions 1 : 1. Whether the lower house of convocation did sit after they were prorogued by his grace on the k Dr. Hooper, dean of Canterbury, was chosen prolocutor, a man of learning and good conduct hitherto ; he was reserved, crafty, and ambitious ; his deanery had not softened him, for he thought he deserved to be raised higher." — Burnet's Own Times, vol. IV. p. 523. He afterwards became bishop of Bath and Wells. 1 Kennett's Complete History, vol. III. p. 800. EDITION OF 1854. xvii 25th of this instant month February ? % Whether they did meet this morning without attending in this place, to which they were prorogued ? This was followed by a report from the lower house on the subject of adjournments, a copious answer to it from the bishops, and v \ application from the lower house for a free conference, a demand unwarranted by any former precedent. The lower house took no notice of the archbishop's prorogations, adjourned themselves by their own act, and continued to hold intermediate sessions. In the mean time they had joined with the bishops, though not without some difficulty, in an ad- dress to the crown, had sat in judgment on some books which they deemed heretical, had refused to appoint a committee to assist the bishops in examining the acts of the two houses, and were finally informed by the archbishop that no further communication could be received from them until their irregularity had been redressed. Several of the lower clergy, among whom were Sherlock, Bull, Stanley, and Trimnel, protested against the proceedings of their brethren, and before the close of the same year, when the convocation was dissolved, the dissension had been spread throughout the kingdom, and preparation was made every where for the coming strife. In these disputes Dr. Atterbury was supported by the bishops of London (Compton), Exeter (Trelawney), and Rochester (Sprat) in the upper house, and by Dr. Jane, Dr. Hooper, and others in the lower™; and the thanks of the lower house were conferred upon him for " his learned pains in asserting and vindicating the rights of convocation n ." m See Burnet's Own Times, vol. IV. p. 526. a Tindal. Cont. vol. III. p. 529. b XV11I PREFACE TO THE A new convocation was opened by the archbishop on the 30th of December 1701, and Dr. Woodward, dean of Sarum, was appointed prolocutor 0 . "On the 28th of January," says Dr. Kennet p, " began the true occasion of widening the difference between those members who believed the archbishops of this province had the right and constant practice of continuing and proroguing the whole convocation, and those others who thought the lower house might have a power to adjourn itself. This difference of opinion led into some disputes in every session ; which yet were managed consistently with peace and order : for whatever notions of independency were advanced by a few particular members, the house in general had hitherto so ordered their entries in the journal, that we all unanimously met upon the synodical days and hours appointed by the archbishop in his schedule of prorogation. But I say toward the end of this session, Jan. 28, Dr. A. un- happily moved to change the form of entry in our minutes, and proposed to assume the phrase of dominus prolocutor continuavit et prorogavit quoad hanc domum; which, he said, was a very authentic form, and was seven times together to be met with in our only good register of the lower house, that of 1586. Several members were immediately sensible that this was done upon no good design. They remembered it to be indeed a form, which began and ended with the first part of the convocation in 1586, and that (as the " Power of the Lower House," &c. confesses) upon a 0 " In the choice of a prolocutor the competition was between the learned Dr. Beveridge, archdeacon of Colchester, and Dr. Wood- ward, dean of Sarum, a civilian grown popular by opposing his dio- cesan [bishop Burnet], to whom he owed his preferments." — Ken- net's Complete History, vol. III. p. 850. P " The present state of Convocation," &c. p. 4. EDITION OF 1854. special occasion of the prolocutor's being made one of the archbishop's commissaries to prorogue both houses. So as when he acted by extraordinary power delegated to him, it might be fitting to use some extraordinary expression, that in future convocations should never be used, if the same extraordinary occasion did not again return. And accordingly after the first rising of this convocation that singular form dropped with it, and does never once occur either in fourteen sessions of the same convocation within the same year 1586, or in any other synod to the year 1700. Therefore to have it now obtruded, when there was nothing like the original reason of it, did appear to be such an artifice of denying the prorogations above, that many of the members opposed it, and pleaded hard for keeping to our usual form of dominus prolocutor intimavit Jianc convocationem esse continuatam, tyc, and urged that no alteration might be however made, till the committee of bishops and clergy had inspected the register of 1661, &c. now before them, which might possibly give some further light on this controversy. But Dr. A. very stiffly in- sisted on it, and though the prolocutor himself recom- mended another form domini continuarunt, SfC, and the majority did at length agree that the form of entry should be left to the prolocutor's discretion, yet Dr. A. was so very importunate for the present use of his par- ticular form, that at last he drew in a seeming order of the house for it, and it was accordingly so entered dominus prolocutor continuavit quoad hanc domum, SfC. I tell you this new and improper entry so thrust upon the minutes was the great cause of widening the divisions in the lower house." The further proceedings of this convocation are recorded in the following letters published anony- mously, but written by Dr. Atterbury, and professing b 2 XX PREFACE TO THE to be a " Faithful account of some transactions in the three last sessions of the present convocation." On Monday February 9, archdeacon Beveridge came into the house, to which he had been a stranger for some sessions, and made a long and pathetick speech, upon the dispute at present depending between the two houses. In it, he took an occasion freely to declare his opinion upon several heads, to the advantage of those who have been on the lower house side in this dispute. He owned that the clergy's right of assembling concurrently with every parliament, and of treating and con- cluding on several points of great consequence, without a royal license, was demonstrated in some late writings. I give you the very word he used on this occasion ; and he spake it with such a particular accent and emphasis, as shewed what he said to proceed from a thorough conviction of his judgment. He added, upon the head of adjournments, that the transmission of the schedule into the lower house did not give an immediate interruption to the debates of the clergy, but left them at li- berty, during the synodical day, to proceed on in their busi- ness, and to publish the adjournment when they thought fit. He earnestly exhorted both sides to union and peace, and to think of such methods of healing the breach, as might secure the lower house's liberty, and yet not intrench on the arch- bishop's authority. And he was persuaded, he said, that this might easily be effected, if they once set about it in good earnest, and abated a little in their pretensions upon each other. This speech he uttered with great gravity and concern : and it had its effect. For immediately there appeared a general disposition in the house towards entering on the methods he proposed. A long debate arose upon it, which was managed on either side with great temper and decency ; and the result of it was, " that a committee should be appointed to consider of an expedient for composing the present difference about prorogations ; that it should consist of sixteen; half of them to be of the one opinion, and half of the other : and that they should meet the next morning, at ten o'clock, in Henry the Seventh's chapel." The moderation of that part of the house, which vastly ex- EDITION OF 1854. XXI cceded the other in numbers, appeared very remarkably in the appointing this committee ; as on other accounts, so parti- cularly on this, that they allowed a certain member to be of it, who was by his instructions, which he brought up with him, known to be restrained from consenting to immediate ad- journments. When the committee met at the appointed time, the great- est part of the house was also present to hear the debates, and attend the event of it ; which was what all good men wished : for they agreed, nemine contradicente, to make the following report to the house, in their next session, on Thursday the 1 2th. The report of the committee appointed to consider of an expedient about the prorogation of this house, that may tend to compose the present difference in that matter. Present. Dr. Hooper Mr. Moor Dr. Beveridge Dr. Trimnel Dr. Jane Dr. Binks Dr. Hayley Dr. Prideaux Dr. Aldrich Mr. Needham Dr. Willis Dr. Green Dr. Atterbury Dr. Wynn Dr. Kennet Mr. Lloyd. It is the unanimous opinion of this committee. I. That, in order to an accommodation, no forms of proro- gation shall be used by the prolocutor hereafter, that were not used by the prolocutor before the last convocation. II. That the forms of prorogation used by the prolocutor in the convocations of 1586 and 1588 shall hereafter be used by the prolocutor in the order they lie in the books ; beginning with the first, until they are all gone through. III. That these forms shall be pronounced by the prolo- cutor, when the house agrees that their business is over. Every body, who was present at this transaction, seemed to go off extremely pleased with the success of it ; as pro- mising themselves that the struggle was now at an end, which had hitherto divided the two houses of convocation, and hin- dered them from proceeding on business of greater importance. The conduct of Dr. Beveridge and Dr. Hayley were particu- larly applauded in this matter, who were very instrumental in bringing on the accomtnodation of this day, and in tempering the harsh proposals of some of the members on their side of XXU PREFACE TO THE the question, which had like to have prevented it. But their prudence and moderation prevailed, and at last brought the whole committee to join unanimously in those votes which I have sent you, without expressing the least dissatisfaction at any syllable contained in them. You may imagine how I, in particular, relished this agree- ment, and how impatient I was to have it reported to the house, and ratified by it, at its next synodic session. But be- fore that came on, it was whispered about the town that the dissenting members, who had hitherto opposed the lower house claims, were resolved not to comply with it ; and it was said, that they had particular instructions from their superiors to this purpose. I was one of those who gave no credit to this report, till the manner of opening the session on Thursday convinced me that it was not altogether groundless. It pleased God that on the preceding day the late procu- rator , the dean of Sarum, was taken so ill as to be disabled from attending. Upon consulting precedents, it was found that the prolocutor was always used in such cases to appoint a deputy to preside for him, pro hac vice, with the consent of the house. The last instance of this kind, of which a formal and full entry happens to remain in the records of the lower house, is as follows. 2 Mali 1640. Dominus prolocutor apud ejus cedes in West- minster, Me prcesente [i. e. Fisher, the actuary] constituit et ordinavit doctorem Bargrave, et doctorem Nevil, et eorum alterum, conjunctim et divisim, pro se, et ejus nomine, pro hac sessione, ad legend, preces in domo inferiori, et votum et suffragium suum reddere pro prorogatione prox. sequenti. Et facta declaratione constitutionis hujusmodi clero domus infe- rioris, cleri eandem approbarunt, et consentierunt. Et tunc Domini continuarunt et prorogarunt usque ad et in diem Martis prox. inter horas 2 et 4 post meridiem. The contemporary register of the upper house is preserved entire, and shews that their consent to this substitution was neither asked nor given. This precedent the dean of Sarum guiding himself by, de- puted the dean of Christ-Church to officiate for him on Thurs- day by an instrument which ran in these terms. Die Jovis, 12 die mensis Febr. 1701. jtixta, etc. In EDITION OF 1854. xxiii hospitio domini prolocutoris, infra parochiam sanctat Margaret®, Westminster; prcesente me Thoma Rous, notario publico. Quibus die et loco dictus dominus prolocutor constituit et ordinavit Henricum Aldrich, 8. T.P. decanum JEdis Christi Oxon. ad legend, preces pro hac sessione, et ca> tera exequenda quorum executio ab eo delegari potest. Upon comparing this instrument with the act of 1640, be- fore transcribed, you will observe how industriously all the ex- pressions of it were avoided, which might any ways give a jea- lousy to the dissenting members, or tend towards the reviving a dispute, which now seemed to be happily quieted. For all care was taken to smooth the way towards the report, which was that morning to be made. The actuary brought this paper to the house about ten o'clock, and read it, by consent. After which, the dean of Christ-Church proceeding to say prayers, was interrupted by a member, who declared that he and several others could not agree to a sub-prolocutor's acting as such, without the arch- bishop's approbation. It was answered by a member on the other side of the house, (who foresaw that if we entered into a dispute on this head, the report would be lost,) that there was no design of making a common referendary between the two houses, without consulting his grace ; but that in the mean time prayers might go forward. It was agreed they should ; and as soon as they were ended, the house seemed universally inclined to send a message up to the archbishop to acquaint him with the deputation which they had made. In order to it, it was requisite that Dr. Aldrich should take the chair, and collect the sense of the house in this matter, which could not otherwise be regularly known. He was no sooner in it, and going to put the question, but that several of the members rose up from their seats, and in a very disorderly manner for- bid the putting of any question, or entering on any debate, till the sub-prolocutor was approved. They were told, that it was purely with a design of sending up for such an approba- tion that the chair was now taken, and that, as soon as the vote for a message was made, it should immediately be quitted ; and that the house took this complying step merely to shew their sincere inclinations to peace ; for they were thoroughly xxiv PREFACE TO THE satisfied of their right to depute a prolocutor, in such an exi- gence as this, without acquainting his grace and the bishops at all with it. To this purpose the precedent was read out of the book of 1640, which then lay upon the table: and the mem- bers who opposed the question were openly challenged to give any account of it that was consistent with then' present pro- ceedings. They were utterly at a loss for a reply, and yet persisted with vehemence in their demand, that the dean of Christ-Church should relinquish the chair : and when they were desired to forbear that demand so long at least as till the previous point, about the general right of the house in such cases, was debated and settled, (which they might safely do, under a protestation.) they absolutely refused to comply even with this proposal ; and were so peremptory in them manner of rejecting it, as gave a just suspicion that they came pre- pared for such a rupture, and ready to lay hold of any color or pretence they could have for it. In the midst of this dispute, two 3 of the members took the instrument of substitution from the table, and went up to the bishops with it. They had no authority from the house to go upon this errand, and yet both they and their paper were received above, notwithstanding the rule, which had at otber times been made, of not admitting anv messengers from below Of/ O without the prolocutor. And the coming up of these members with an original instrument and act of the house, either im- plied such a message, or, if it did not, was a practice unfit ta be countenanced. At last, notwithstanding the loud opposition made to their debates, the house came to a resolution in form of sending up some others of their number to give notice to his grace and the bishops of the substitution they had made. These mes- sengers were not admitted ; but, instead of it, an order came down that the whole lower house should attend immediately in Jerusalem-chamber, whither as soon as they came, they were 1 " The dean of Winchester [Dr. Wickart] and the archdeacon of Colchester [Dr. Beveridge] went up to the bishops with it hoping to bring it back with due confirmation, and so compose the unhappy dispute, that the house regularly settled might proceed to business." Rennet's Present State of Corn), p. 22. EDITION OF 1854. XXV told to this effect; "That a paper r of consequence had been lodged there, which required some time to consider of it ; and therefore his grace had determined to adjourn the convocation till Saturday" [Febr. 14.] : and immediately he commanded a schedule of dismission to be there read in their presence. This was every way a surprise to them. It defeated the hopes they had entertained of hearing the report made from the committee of accommodation, and of receiving an answer in writing (which their lordships had solemnly promised on this day) to a complaint preferred by them in the last session against the bishop of Sarum. There could be nothing wanting (even in their lordships' judgment,) but his grace's consent to the substitution of the dean of Christ-Church, in order to a dispatch of these important affairs, which were then ripe for the lower house's consideration : but without any reason as- signed that consent was refused them. And yet the precedent of 1640 is so plain, that it could not be imagined how then* lordships should want time to determine their opinions upon it, especially since (it was said that) one of the bishops, as well versed in such matters as any of the order, had freely declared his opinion that the lower house had done nothing in this case but what they could justify. But that which most troubled them was the unusual manner of adjourning both houses to- gether ; a practice which they thought manifestly tended to the destruction of their rights as a separate house ; and which was never, that they knew of, attempted s since the statute of r The words of the archbishop were, ' There has happened an incident of great moment which I and my brethren must take time to consider of, &c.' — Rennet's Present State, p. 26. s " After the form of prorogation had been this day Feb. 1 2 read and signed in the upper house, as the clergy were departing out of Jerusalem chamber, Dr. A. toward the door was earnestly pushing on some members, and crying, ' Away to the lower house, to the lower house.' There be many instances upon the registers of the upper house, where the prolocutor and clergy are called up and do appear, when immediately after the prorogation is entered in the jour- nal with sufficient implication that the clergy were not withdrawn. And there are several express notices of the lower clergy being ac- tually present when the prorogation was made by the president or xxvi PREFACE TO THE .submission, till the last convocation; unless, when there was a concurrent adjournment, or prorogation of the parliament. So about forty two of their members went down to the Henry the Vllth's chapel ; the sub-prolocutor took the chair, and, with their consent, intimated an adjournment to the same day, to which my lords the bishops had adjourned. On Friday the prolocutor died : his death put an end to the question about the power of deputing ; and they resolved if it were possible, not to start any new ones : and therefore, when they met on Saturday morning, did not form themselves into an house, but went up to the Jerusalem-chamber in a body to acquaint his grace and the bishops with what had happened. As soon as their lordships' prayers were over, (in which the lower clergy joined,) an honourable person, who had been pitched upon to make the report of the prolocutor's death, began to do it ; when the archbishop addressed himself to the clergy much after the following manner ; " That he was surprised at the news he heard of the prolocutor's decease ; that on Monday and Thursday next the dean and chapter of Westminster would have occasion for the Jerusalem-chamber ; that on Ash-Wednesday the convocation could not sit ; and therefore he intended to adjourn it till Thursday : and so he ordered the schedule to be read." This new dismission increased the uneasiness of the clergy, who expected to have had some directions about the time of choosing a new prolocutor, the rather because it was now near seven weeks since they first met, without being able, in all that time, to do any thing which might answer the expectations of the world. The first fortnight, after the election of a prolo- cutor, had been spent in a long adjournment, though the clergy appeared on the very day of the choice in great numbers. The five next sessions till Feb. the 9th were taken up in removing the obstructions which some of their lordships' favourites in the lower house had laid in the way towards business : who were observed to have studiously checked and retarded every at- his commissary in loco synodi. There was never, I believe, till last convocation, any scruple of such a power of proroguing the whole synod in the synodical place, the upper house." — Rennet's Present State, #c. pp. 27. 29. P:i)ITION OF 1854. xxvii tempt that had been made for setting the house at work, but never once to have offered any motion of that kind themselves. Nor indeed had my lords the bishops been pleased in all this time to propose any thing to the clergy, besides an address and a committee for inspecting a journal, which had been lately discovered ; though their lordships have been said often in print to be under an apprehension that no business could regu- larly be entered upon by the clergy which was not first recom- mended by the upper house to them. These reflections, I say, added to the adjournment, now published till Thursday, with- out any intimation, that the clergy should even then be allowed to proceed in the choice of their prolocutor, gave them fresh and just matter of disquiet ; for they began now to look upon adjournments as informations only of the time at which they were next to attend, in order to be further informed of some other day, which was then to be appointed, for just such an- other fruitless attendance. But their complaints were at pre- sent stifled by what they now heard of the necessity, 'which the dean and prebendaries were under of meeting capitidarly in the Jerusalem-chamber, on Monday and Tuesday next, (and precisely, it seems, at the time of the synodic session,) which was an excuse for this last delay, that they were no ways then prepared to reply to. Should they, when they meet again on Thursday, be once more adjourned to St. Paul's, in order to make the choice of their prolocutor more solemn; and when that is done, be graciously allowed another fortnight to pre- pare what they have to say, at his presentation; much more, should their superiors interpose with an high hand, to prevent and quash the election itself, (winch is, I assure you, a scheme that a right reverend person was this very morning full of ;) — such a management would clearly open a scene that hath hitherto been artificially covered ; and shew that a settled re- solution is taken of rendering convocations insignificant and useless. But these are jealousies only which the next synodical day will either scatter or confirm ; and when that is over, you shall hear further from me. This letter was dated Feb. 14, and was soon suc- ceeded by another bearing date Feb. 19, and expressed in the following words : xxviii PREFACE TO THE In my last I told you of some jealousies we had, that our superiors would so far interpose, as to prevent and quash the election of a prolocutor ; and I am sorry that I must now tell you that they were too well grounded. In expectation of pro- ceeding to a choice, the clergy appeared to day in great num- bers, several who before were absent having come up from distant places for that very purpose. And when as many of us as are willing to be guided by precedents in the like case had met and said prayers, we waited on their lordships in Jerusalem- chamber, where his grace was pleased to read a speech, which, as far as my memory serves, was to this effect : " That the lower clergy having sent up a complaint, con- cerning breach of privilege, against the bishop of Salisbury, the bishops had received it with great readiness, and none more readily than the bishop of Salisbury himself. That there was an answer drawn up to it, which by reason of the illness of the prolocutor, and an incident that followed thereupon, could not be offered at the next session, as was promised, but is entered upon the upper house journal, and may be there seen by any that please, and that when we should see that, and the account transmitted from the judge of the bishop's court, he doubted not but they would be satisfactory. He advised that for the future we should take care not to make any such complaint till the matter of it were fully made out both as to fact and right ; as to right, he repeated, for that what is said in the complaint, that we were privileged from all suits except those for breach of the peace, was not well considered, there being other things of a higher nature to which this privilege did not extend. Besides that, if he rightly understood the late act, a suit begun might be carried on if the person be not molested. But enough of this, especially since the person chiefly concerned is lately dead." He continued, " That we might reasonably expect, that upon this occasion he should say something concerning the election of a prolocutor, that this was a matter of great consideration, that he had had several thoughts of it, some of which he would O r communicate to us. " That several members, who had earnestly pressed to go out of town, being absent, it was not fit they should be deprived of their share in choosing a prolocutor ; especially their absence KDITION OF 1854. xxix being in order to observe in their parishes this solemn time of Lent, in catechising and preparing their people for the holy sacrament at Easter. That to be sent for up at this time, only to choose a prolocutor, would be a great hardship ; a war too being hkely soon to break out, which would call off people's minds from business of this kind. That the public business also was near winding up ; that no synodical business had been laid before us from the king. Besides, that if we should sit, there would upon every occasion differences arise concerning matters of form ; to avoid which there should be a formulary, or modus tenendi convocationem, drawn up, towards which there were many materials brought together, of which he had communicated to us one book that had come to his hands, and had hopes of retrieving another, with divers other papers that would be of use in this matter. That he therefore intended to prorogue this convocation, but it should be by such short pro- rogations from time to time that upon any emergency the convocation might sit and choose a prolocutor. That they who think that he or any of his brethren were against the sitting of convocations, or laying any unreasonable restraints upon the lower house, would find themselves greatly mistaken. Lastly, " That he could not but take notice of a new way taken up of making public what past in convocation ; for last night a paper had come to his hands that called itself, A faithful account of some transactions in the three last sessions of convocation, Number I., as if there was an intention to con- tinue it. But that he was informed this morning that there were several mistakes in the account of the committee there mentioned, particularly an omission of some explications then offered. All which would be soon published, and then the misrepresentations of this writer would be made as public." He concluded with an earnest exhortation to peace, and a short prayer. This I think was the substance of what his grace delivered ; if in any thing I have mistaken him, or misled you (which willingly I am sure I have not), I hope we shall both of us be set right by an authentic publication of it. As soon as he had finished his speech, his grace commanded the register to read a schedule of prorogation, which was to XXX PREFACE TO THE Thursday, March 5th. Thus far for matter of fact ; give me leave now to make some few observations. I have not had leisure this afternoon to consult the journal to which we are referred for their lordships' answer to our complaint against the bishop of Sarum ; when I have, I shall give you my sense of it, and possibly that of fehe whole house, before our correspondence ends. In the mean time I will not trouble you with any of those surmises which people have in relation to that matter ; for I design to communicate nothing to you but what you may depend upon. Only I cannot omit taking notice, that we were at a loss to find out how a signifi- cation of this matter came to be more proper upon this day, than it would have been either on last Thursday or Saturday. We had indeed great reason to expect that his grace would say something to us about the choice of a prolocutor, and what was most reasonably to be expected, was his direction to proceed forthwith to an election. For I cannot upon any of our books find, but that whenever the prolocutor's chair has any way become vacant, sitting the convocation, immediate care has been taken for the filling- it. The absence of members was an objection, which had not his grace made, would not have offered itself to us, who were sure that there were more members now attending than had been present at the "hoice of the last prolocutor, or any other that I could ever ar of. I am well assured that more came to town upon this occasion than had left it to go to their cures ; and whether their pre- sence might not be a truer reason for putting off the election, than the others' absence, I leave you to guess. And though so great tenderness is expressed towards those few who withdrew to attend their private duty in their parishes, yet you, and all who understand and love our constitution, will, I' hope, allow that the great majority, who wait here on the service of the public, do thereby as truly and faithfully discharge their duty both to God and the church. At least you will have reason to think that our predecessors were thus persuaded, when I tell you from the books, that the approach of Christmas was no hinderance of the choice of Doctor Dolben to be prolocutor in Decemb. 1664. nor of Dr. Sandcroft in Dec. 1666. Nor was the solemn season of Lent, or catechising and preparation for EDITION OF 1854. xxxi Easter any bar to the choice of Dr. Stillingfleet on March 14th, 1677. And me acR l this further remark, that no synodieal business was at any of these times laid before the convocation by the king, any more than there is now. Neither was there a war wanting in 1666, to call off men's minds from convocational business. That differences were likely to arise in our proceedings might probably be suggested to his grace by those who were prepared to raise them ; the same persons, I presume, who gave him this morning an account of what past in the com- mittee ; how honestly and faithfully, you shall know as soon as that account is made public. In the mean time you may safely give me so much credit, as to rest satisfied, that every thing I wrote to you about that affair will, if requisite, be attested by a sufficient number of unquestionable witnesses. That committee having proceeded so far, as I told you in my last, towards the composing of all our differences, it seems un- accountable that the apprehension of such differences should be now urged as a reason for deferring the choice of a prolocutor. It had been much more reasonable to have hoped, that we should have been put into a condition of perfecting that accom- modation, which was so happily begun, so calmly carried on, and bropfht so near a conclusion. So near, that some will tell you, tl the fear of its being completed has been the chief occasion of these unprecedented proceedings. I am unwilling to give way to such suspicions, but I cannot but observe, that should the public business be so speedily wound up as his grace suggests, then this so desirable agreement, so honestly and so sincerely laboured, must of course come to nothing. It will be well if the formulary we are bid to expect contribute any thing towards it ; but a modus tenendi convocationem, if framed in a recess, and imposed upon the lower house without their consent, will, in all wise men's opinions, be more likely to create new differences, than to compose any of the old. This account may perhaps give you and our friends in the country some melancholy thoughts, as if convocations were for the future either to be wholly laid aside, or rendered insignifi- cant ; but I am one of those men who are still resolved not to distrust the solemn assurance which his grace has this day given us, That neither he nor his brethren are against the xxxii PREFACE TO THE sitting of convocation, or for laying unreasonable restraints on the lower house. Peace undoubtedly is the thing he aims at ; his exhortations to it were so earnest, so grave, so backed with Scripture, that I will not be persuaded but that they proceeded from a hearty desire of it. And I hope they will have that effect upon those of our brethren, who in all other respects profess an absolute submission to his grace's authority, that they will not think themselves unconcerned in a charge so solemnly by liim deli- vered, but believe that they too, as well as we, were intended to have their share in the general exhortation to behave our- selves as becomes the ministers of the gosjiel of peace." Another letter on the same subject, and by the same writer, was published in the year 1705, of which the following is a portion : Sm, You are pleased to complain that you have not heard from me since March 7th, 1705, notwithstanding your constant importunity to be further informed of what had passed in con- vocation from that time. Pray believe me, that my silence was not occasioned by any want, either of respect to you or desire to satisfy our brethren of the clergy. Rather do me the justice to ascribe it to the great hopes we had entertained, that the main controversy concerning our claims might have been brought to so happy a conclusion, that there would have been no occasion of continuing a correspondence of this nature. For the lower house were not wanting to make the utmost advances towards an agreement ; and the upper seemed at least to allow those rights, in the exercise whereof they did not for a long time think fit to interrupt us. And as for other convocational business, though the lower house have laid many things of moment before their lordships, and frequently and earnestly pressed that they might be considered, yet they have met with so little success, that I must plead that misfortune in my excuse, if what I shall now send you falls short of what you might reasonably expect, from so many and so long sessions of such an assembly. After the death of our prolocutor, Dr. Woodward, we made KDITION OF 18.54. xxxin all the dutiful applications we could think of, to obtain his grace's direction for the choice of a new one, according to the unquestionable right and known usage of convocation. But no regard being had to this our right, during several sessions, we at last found ourselves obliged to depute one of our members to complain of this hard usage, and to assert our claim, the whole house attending him. When we went up, we found one of our members, who had not been that day in our house, in conversation with the com- missary deputed by his grace to adjourn that day t . His lord- ship (out of pure zeal, no doubt, to do justice to the lower house) desired to take our message in writing ; and while he was doing so, his lordship at the single suggestion of that fore- said member (who had not been that day in our house) made no scruple of altering the terms of our message ; and instead of these words, It is the opinion of the lower house, substituting, It is the opinion of several members of the lower house. But as his grace was pleased to say in the case of Dr. Woodward ; t " They came up as a house without a prolocutor to the chamber adjoining the Jerusalem chamber, and there meeting the bishop of Lincoln, who as his grace's commissary had now prorogued the convocation to a further day, they desired his lordship to carry a message to his grace of their desire to proceed to the choice of a prolocutor. His lordship with great kindness told them that he was unwilling to carry any message hy word of mouth, for fear he might mistake in the delivery of it ; but if they pleased to dictate to him, he would take their sense in writing, and so lay it before his grace. Upon which they began to express themselves to this effect : that it was the unanimous desire of the lower house of convoca- tion &c. Upon which another member of different opinion, [Dr. Kennet,] who had that morning waited on his lordship, and was his ordinary chaplain, did modestly interpose and say ' that he hoped no such message would be worded in the name of the whole lower house : for as they were not a house, and did not act in that capa- city, without a prolocutor, so many of the members (of which him- self was one) had not assented to any such message : and therefore he presumed it would be more true and proper to let the message run in the name of several members of the lower house.' And the bishop in his writing down their sense did so accordingly express it." — Kennet's Complete History, vol. III. p. 854. GIBSON. C x.\xi\ PREFACE TO THE Of this enough, especially considering that the person parti- cularly concerned is lately dead. March the 5 1 h was the day on which this happened, and the commissary then adjourned to March the 19th; on the 8th king William died; after whose death, neither his grace, nor any one for him, thought fit to appear in convocation. This, if ever it come to be considered by rational and impartial men, will probably silence the dispute raised by his grace's advo- cates, and convince them by whose authority the convocation subsists ; especially since a clause for continuing it by act of parliament, though at first favoured, was afterwards dropt by the house of lords upon a suggestion of Mr. Attorney-general, That the queen's authority was concerned in it. October the 20th, A new convocation met, and was opened, as is usual, at St. Paul's ; and the prolocutor being chosen, there arose a dispute whether he should immediately take the chair ; which dispute was not finally determined till the 18th of November following. On that day this matter was debated at large in a full house, and the reasons and precedents being duly considered, the cpiestion was put in these words : Wliether {upon the choice of a prolocutor) when the prolocutor is chosen, he is to take the chair, and direct the nomination of his presenters, and take the consent of the house thereupon ? It passed in the affirmative. And I must not forget to tell you, that the dean of St. Paul's, who thought himself principally concerned in that debate, had notice given him of it, and was present, and said all that he thought proper in justification of his claim. What passed afterwards in this convocation was transacted chiefly by papers exchanged between the two houses ; you will excuse me troubling you with the purport of them, since I hear they are already printed. But there are some other parti- culars which you will not perhaps find in those papers, and with which, I believe, your curiosity will be willing enough to be acquainted. 1. Concerning intermediate sessions, of which we have had several. The first were because his grace thought fit to adjourn the synodical meeting for no less than seven weeks, though at that time a great deal of business was depending. Yet of all these meetings, not one was afterwards excepted to, only at the EDITION OF 1854. XXXV latter end of the convocation, when the lower house had pre- pared a complaint against the bishop of Sarum, it was thought the best expedient for avoiding the reading of that paper to quarrel with an intermediate session. And since I am upon tins subject, give me leave to remind you, that the controversy depending is not between bishops and presbyters, as such, but between two houses of convocation, settled both of them by the constitution of this church and kingdom : and that these two houses are by the laws of this realm so far co-ordinate, that each has a negative upon the other ; and that the bishops can no more make a synodical act, that shall oblige the clergy, without the consent of the lower house, than the lower house can make a like act without the consent of their lordships. As to the meeting and proceeding of these two houses, it is agreed on all hands, that it is the undoubted right of his grace of "Canterbury to appoint the times at which the whole body shall assemble ; and that it is the duty of both houses to be sitting at those times in their respective houses. And it is no encroachment upon this right, but very consistent with it, that the lower house being to prepare business to lay before their lordships, be at liberty to dispose of the time between his grace's appointments as they shall see cause. This the very nature of the thing requires, and it is evident this has been the practice of all the convocations of whose transactions we have any memorials. This is the only independency and co-ordination which the lower house pretends to ; they neither have offered, nor will, I believe, offer at any other. But this they do claim, as in duty bound ; and this is and will be their indefeasible right as long as the English constitution shall be able to maintain itself. As to the institution, dignity, and authority of the episcopal order, the lower house have been so far from contesting, that they (as you will find by their papers) have gone further towards the supporting them, than their lordships have thought fit to keep them company. These letters have been introduced as furnishing the most favourable construction that can be given to the proceedings of the lower house. They were written by c 2 PREFACE TO THE an eloquent and able man, who was recognised as the leader of his party, and had made himself master of his subject. And the effect they produced by appealing to public opinion, and employing an umpire which had never before been allowed to sit in judgment on such discussions, is evident from the number and the nature of the answers they received. Dr. Kennet in a tract v entitled, " The present state of convocation," calls it " an insolent liberty, as wicked as it is new," and recites the orders given and the penalties denounced upon any member of either house who made their transactions public ; and the archbishop himself, in the speech re- ported in the second letter, and afterwards published by authority, expresses his displeasure at the " strange method laid for giving public intelligence from time to time of any differences that may hereafter arise." But the information contained in the letters was open to much objection and complaint. It was not probable that a writer who was naturally vehement, and whose vehemence was now combined with strong party tendencies, should be able to describe the trans- actions in which he had been engaged, without par- tiality and exaggeration ; and the reader of subsequent times will see in the statements themselves abundant evidence u of their being calculated and designed to aid the public movement, instead of terminating the dispute. v P. 2. See also Dr. Gibson's opinion at p. 314. inf. u Observe tbe passages, ' they were utterly at a loss for a reply, and yet persisted with vehemence in their demand :' 'without being able in all that time to do any thing which might answer the ex- pectations of the world :' and the constant use of the word ' adjourn- ments' instead of 'prorogations,' a difference almost amounting to a petitio principii. The expectation of the world was the motive in- culcated by the lower house in a paper drawn up by Atterbury and addressed to the house of bishops April 5, 1701 : 'the joint and EDITION OF 1854. X X XV 11 It will be observed that in the last of these letters the claims of the lower house are expressed in a single proposition conveying an intelligible issue ; and the difference then remaining between the two houses may be seen by comparing the language of the letter with the following statement of Dr. Gibson, taken from a contemporary tract : "On such intermediate meetings they cannot come to any final resolutions, as a house. My meaning is, that though any number of the convo- cation-clergy may agree to meet and confer and prepare matters, such matters cannot be passed into an act of the house, but at a meeting pursuant to the prorogation of the president. For all other meetings are purely voluntary, the effects only of a mutual agreement, and not of duty and obedience x ." Such was the progress of the question. But it was the progress of the argument and not of the strife. The separation between the two parties had already been increased by much personal altercation ; the sen- timents of men had contracted a greater degree of hardness by being printed and made public; many foreign elements of discord had been taken up into the contest; when king William died, a new reign commenced, strange hopes were created, and a party which had hitherto maintained its ground under the most adverse circumstances, began to look forward to places of power and preeminence. The history of the controversy has thus been brought down to the time when the Synodus Anglicana was published. It now remains to describe the part which earnest desire of both houses, as we humbly apprehend, to have a controversy of this nature speedily determined, in order to their proceeding upon such other business as the world may justly expect from them.' — Rennet's Complete History, vol. III. p. 842. x The Schedule reviewed, p. 26. Sec also pp.52 and 73. xxxviii PREFACE TO THE the writer of that treatise took in the progress of the controversy. His first publication was A letter to a friend in the country concerning the proceedings of this present convo- cation, without date, but put forth in the year 1701, as appears from Dr. Atterbury's answer to it, entitled " The power of the Lower House of Convocation to adjourn itself," &c. and from " A Narrative of the Proceedings of the Lower House," &c. drawn up in conformity with an order of the lower house by Dr. Hooper, at that time prolocutor, whose preface replies to the letter. Then followed in succession, The right of the Archbishop to continue or prorogue the ivhole Convocation asserted in a second letter, by way of reply to a pamphlet entitled The power of the Lower House, Sfc. 1701. A summary of the arguments for the Archbishop's right to continue the ivhole Convocation, Dec. 3, 1701. Reflections upon a late paper entitled An expedient^ proposed, shewing the unreasonableness thereof Sfc. Jan. 27, 1701, 2. A vindication of The Author of the right of the Arch- bishop, Sfc. from some little exceptions taken by the writer of tivo letters' 1 , Sfc. 1702. The parallel continued between a Presbyterian Assem- bly and the new model of an English Provincial Synod, y This tract is ascribed to Dr. Binckes, afterwards dean of Lich- field, who was an active supporter of Dr. Atterbury (see Syn. Ang. p. 262. old ed.), and was chosen prolocutor in 1705, in preference to Dr. Stanhope, dean of Canterbury. Bp. Burnet mentions a re- markable sermon preached by Dr. Binckes before the convocation on the 30th of January . Own Times, vol. V. p. 16. z Two letters by Dr. Atterbury, entitled " Letters to a Clergyman in the Country concerning the choice of Members and the execution of the Parliament- writ for the ensuing Convocation." Nov. 17, 1701. and Dec. 10, 1 70 1 . KDITION OK 1854. XXXIX Dec. 9, 1702. This tract continued the argument sug- gested by Dr. Kennet in his pamphlet entitled " A let- ter from a Presbyterian Minister in Scotland, kc. 1701, and was followed by another pamphlet on the same subject in 1703 by Dr. Sherlock, dean of St. Paul's, en- titled "The new danger of Presbytery, or the claims and practices of some in the Lower House of Convoca- tion very dangerous to the constitution of an episcopal and metropolitical church." This pamphlet is recom- mended by Dr. Gibson in his " Marks of a defenceless cause," p. 35. Synodus Anglicana*, or the Constitution and Proceed- ings of an English Constitution, Sfc. 1702. The Schedule reviewed, or the Right of the Archbishop to continue or prorogue the whole Convocation cleared, Sfc. 1702. This was in answer to Dr. Hooper's " Vin- a It does not appear that this important work came to a second edition, although copies of it are to be found with title-pages of different dates. Dr. Gibson speaks thus of the work in a pamphlet of later date (1703) : "The Synodus Anglicana was undertaken on purpose to clear our synods from this imputation of meeting and acting in a civil capacity. To which purpose the established pro- ceedings in an English convocation are proved, under many heads by regular deductions from the remaining acts, to be agreeable to the original superiority of bishops over their presbyters ; and that uncanonical independence so earnestly contended for by this autbor [Dr. AtterburyJ upon a parliamentary relation, to have no ground in the practice of former convocations." The pretended Independence 8tc. p. 32. And afterwards, p. 69 : "Considering the great variety of matters necessary to be laid together before a Synodus Anglicana could be drawn up, and these to be fetched from as great a variety of acts, and to be digested and recited under the proper heads as the foundation and proof of the doctrine it contained , all this, I say, considered, I have reason to rejoice that the omissions discovered by an examination so uncharitable should be so few and inconsider- able. There is a writer upon this subject (whom our author knows or ought to know) lately charged by Dr. Wake with multitudes of omissions of another size and name." xl PREFACE TO THE dication of his Narrative," &c. and to Dr. Atterbury's " Case of the Schedule stated," both of them published in 1702. The pretended independence of the Lower House upon the Upper a groundless notion, fyc. 1703, in reply to Dr. Atterbury's " Parliamentary original and rights of the Lower House of Convocation cleared, &c. A short state of some present questions in Con vocation by ivay of commentary on the Schedule of continuation, 1703. The marks of a defenceless cause in the proceedings and writings of the lower house of convocation, fyc. 1703, in reply to " A summary defence of the lower house of convocation." The complainer reproved ; in answer to a partial and unseasonable preface of the publisher of a Representation made by the lower house, 8fc. 1705. This Representation was made in 1703, and published in 1704, and the pamphlet consists of the Representation itself, of the archbishop's speech in answer to it, and of a short pre- face by Dr. Gibson. The complainer further reproved, tyc. 1705, a pamphlet of forty pages, consisting of communications made be- tween the two houses, the publication of which is jus- tified in the following manner : " This winter they had no sooner presented to the upper house a paper much more indecent and reflecting than the former, but it was made public by some zealot for the independence of the lower house. Against which popular way of pro- ceeding, and the injustice done to their lordships by it, there was no remedy but this publication of that paper (more correct than before), together with the observa- tions made upon it by the president and bishops. Since the publication of their first paper, others, which they lately left upon the table of the upper house, have been EDITION OF 1854. xli printed and dispersed without the least intimation of any reply made to them by the president and bishops. And therefore this opportunity was taken to do justice to the upper house, in sending abroad his grace's speech by way of answer to those papers ; not alone (as the practice of their friends has been), but with the parti- cular papers at large." Dr. Gibson's last publication in connection with this subject was, An account of the proceedings in convo- cation in a cause of contumacy, 1707. He published his Codex juris ecclesiastici in the year 1713, was conse- crated bishop of Lincoln in 1715, and translated to the see of London in 1720. Among the points of controversy which the Si/nodus Anglicana has not touched, but recent events have brought forward with some degree of prominence, is the question whether the archbishop possesses in him- self the right of continuing the convocation, or must obtain the consent of the house of bishops. The fol- lowing quotations, shewing a difference of opinion in great authorities, and even in the same authority at different periods, will inculcate the duty of discretion and forbearance. "It is true the archbishop's schedule usually runs Cum consensu confratrum ; and the forms of continuation in our more modern registers express it in the same language. But the author of the answer had no reason to say that this is almost every where the language of the books ; and when it is not, is purely an omission of the actuary. For in the acts of an elder date, (those, I mean, that are entered in the registers of the archbishop,) the consensus confratrum is neither ex- pressed nor implied in the ordinary continuations, which were made by the sole power of his grace. It is therefore certain that for some hundred years the power of continuing was exercised by his grace alone : and though the consent of his brethren came afterwards by degrees to be entered in the acts, and was almost constant in 1562, yet it was no law, either xlii APPENDIX TO ecclesiastical or civil, that obliged him to it. 1 will not take upon me to determine how long a usage will oblige the metro- politan to continue with the consent of his suffragans ; but whatever share they have, they were admitted into it by a voluntary act of his own." — Gibson's Right of the Archbishop, Letter II. pp. 121, 122. 1701. Bodl. Pamph. 239. " The danger should be still the less in their account who plead for the consent of the suffragan bishops as necessary in all his grace's continuations ; because upon that supposition, it is out of the metropolitan's power to act irrregularly, nor can any abuse happen in this matter without the concurrence of a majority at least of the suffragan bishops." — Gibson's Re- flections upon An Eocpedient proposed, p. 7. 1702. Bodl. Th. 4 to. W. 87. " There is reason to believe that ever since the year 1562 the archbishop has not used to proceed to the publication of that act [of continuation] without the consent of his suffragans (when present), as to the day to which he continued : and how far a usage of that standing may now oblige the archbishop to consult them, and give their lordships a right to be consulted as oft as they are present, I cannot say, nor does it at all belong to the present question." — Gibson's Schedule reviewed, p. 46. 1702. Bodl. Jur. 4to. P. 24. " The instrument of prorogation speaks of no such consent [of the bishops], and it legally may be and is frequently exe- cuted without any consent." — Gibson's marks of a defenceless cause, p. 13. T703. Bodl. Jur. 4to. P. 24. " That act is mentioned in the remaining registers of the upper house from 1 562, as done with the consent of the bishops ; it being natural for the president to confer with his brethren about the most convenient day for the next meeting, and no less natural for the register to represent the appoint- ment upon that deliberation, as made and settled by common consent. But the instrument of continuation clearly shews that in strictness of law the act, with the authority of it, is the metropolitan's alone ; and accordingly we find it has been often fixed and executed by the archbishop or his commissary, when none of the bishops were present." — Gibson's short state of some present Questions, p. 7. 1703. Bodl. Jur. 4 to. P. 18. •■ The archbishop does this as he does all other acts of KD1TION OF 1854. xliii synodieal authority, with advice and consent of his suffragan brethren. And yet when he makes the act into a formal instrument, he does not so much as mention the consent of his brethren in that instrument, but it runs entirely in his grace's name, and expresses the single authority of the metropolitan over the prelates and clergy of his own province." — Rennet's present state of Convocation, p. 30. 1702. Bodl. Jur. 4to. P. 24. " Dr. Atterbury desired that all authority of the archbishop might be expressed cum consensu fratrum, giving a reason that since it is known the archbishop does not prorogue in the upper house without consent of his brethren, though such con- sent is not mentioned in the schedule, there was a like obliga- tion to have our consent implied before it took place in the lower house, though it does not appear to be entered in our books." — Rennet's present state of Convocation, p. 24. Bodl. Jur. 4to. P. 24. The notes added to this Edition consist of extracts from the Tracts of Dr. Gibson, and other contemporary publica- tions ; and the numbers given in the margin indicate the pages of the original Edition. SYNODUS ANGL1CANA : OR, THE CONSTITUTION AND PROCEEDINGS OF AN ENGLISH CONVOCATION, SHOWN FROM THE ACTS AND REGISTERS THEREOF TO BE AGREEABLE TO THE PRINCIPLES OF AN EPISCOPAL CHURCH. APPENDIX. "1562, in which the XXXIX Articles were agreed upon. 1600, under Archb. Laud. 1 66 1, &c, in which the Common Prayer was revised. 2. The two entire Journals of the Lower-house, in 1586 and 1588. 1 . Three Registers of the ^ Upper-house in LONDON: PRINTED FOR A. AND J. CHURCHILL, AT THE BLACK SWAN IN PATER-NOSTER-ROW, iJOZ. THE PREFACE TO THE EDITION OF 1702. THE unhappy disputes in the last convocation were too plain a prejudice to our church and order, to suffer any man who had a common respect for either to stand by uncon- cerned. But in studying proper remedies, the great difficulty was, to find out where the disease lay ; that is, from which house the encroachments came, and upon what foundation a sure judgment thereof might be made. The reason of the thing had been offered, as one way of fixing the right : but that, I found, might be urged plausibly on either side. For an advocate of common knowledge and dexterity, which part soever he undertake, cannot in causes of this nature want a variety of that sort of colours ; but they are little regarded in law, nor ever urged in a case of legal right, that can be supported by arguments and authorities from custom or statute. Such suggestions about the reason and consequence of things, are useful towards the prudent settlement of new laws ; but can have no part in the deter- mination of questions about ancient lights. In this imperfect state of things, many failings and inconveniences will ever attend the wisest establishments ; and when designs are set afoot to invade or undermine them, these possibilities of mis- chief are always made the instruments of raising jealousies and discontents among the generality ; who are hardly brought, either to see the mischief of too much liberty, or the necessity of lodging an ultimate trust somewhere, in order to the peace and safety of any society. xlviii THE PREFACE TO The proceedings in parliament have been also urged, to justify some late measures in convocation ; but whatever be the virtue of a parliamentary-i'elation, the very persons who contend for it disown its being a rule in the present dis- putes, by confessing that the clergy have not a right to all the privileges of the commons in parliament, and yet assign- ing no reason why some may be claimed upon that foot more than all the rest. There is however one known custom in parliament, that may well deserve to be considered in convocation, viz. the recourse they have, and the deference they pay, in all con- tests about privilege, to the records and journals of former parliaments. For both our civil and ecclesiastical meetings are ancient constitutions ; each whereof has all along pro- ceeded by established methods of its own : and as custom has, in a legal sense, marked out the privileges of the two houses in each of these assemblies, so, by all prudential rules, our security lies, not in making new experiments, but in the continuance of methods which have been tried and established upon the practice of former times, and are not become disagreeable to our own by any new or singular cir- cumstance. And even this last is a consideration that could have very little place in ecclesiastical Government ; wherein the different orders and degrees, with the proper rights of each, are established upon a primitive foundation, not to be removed at the pleasure of men ; and much less, if that ancient foundation appear to be confirmed and supported by the additional authority of its own usages as a particular or national church. And it ought certainly to be matter of joy to every good man, to find such a double security to the honour and purity of the church of which providence has made him a member, as is the concurrence of a civil with its ecclesiastical claim to the usages of antiquity. Kesolving therefore to make the strictest inquiry, how far the Church of England is entitled to this blessing in the great point of holding her synods, I entered upon a diligent search into all the remaining registers of convocation. I began with that of 1356 (the acts whereof are the first we have), and descended in order to our own times, according to the Catalogue of Convocation Acts, subjoined to this Pre- THE EDITION OF 1702. xlix face. All these, I say, I have distinctly examined since the disputes in convocation began ; and am the rather obliged to make this particular profession of it, because a late paper entitled the Expedient, p. 17. col. 2. studying to weaken the authority of my arguments for the Archbishop's Right to Con- tinue, 3 says, they are only the substance of what passed in the debates of the house, reduced by me into form. I shall always have a just honour for that house and the debates of it ; but must beg leave to think, that the registers of convo- cation (the only rule in all disputes about privilege) are a guide somewhat surer : which guide and no other I followed, Right of as in examining that case of Continuations, so also in drawing f^e Arch- ° . bishop, p. the states upon those other heads, b which I formerly pro- 118,136. mised, and do now present to the reader. The truth is, from my first entrance upon this examination of the registers, in order to form a true judgment about the differences depend- ing, I have industriously laid by the late accounts of both sides concerning the nature of an English convocation ; re- solving to give way to no impressions, but what should come immediately from the registers themselves, where alone the state of the controversy is apparently lodged. The reflections upon the paper I just now mentioned 0 , the Expedient I mean, were intended for a part of the preface to this book ; but proving somewhat too large, they are already sent abroad in a separate paper. a What was urged in the house, in the long debates that were held, you have drawn into form, and published to the world : and this gives the person you reply to occasion to draw up the answers that were then given, and then to leave the world to judge which house hath the better side of the argument. — An Expedient Proposed, p. 17. b The positions relating to adjournments (all, I mean, that the Answer or Narrative question) are made good here in their proper places ; and the like justification of what I affirmed upon other heads shall follow in due time. And then this author will see, that those assertions in the Letter stood single, not for want of testimonies at hand, but only till it should appear whether there was occasion for them ; that is, which of the positions would be owned and which denied. — Right of the Archbishop, Letter ii. p. 136. c Reflections upon a late paper, intituled, " An expedient proposed ;" shewing the unreasonableness thereof, &c. 4to. 1702. GIBSON. d r THE PREFACE TO As for the present work d , I am sensible that the same accounts in the way of a regular history would have been much more entertaining ; but it was not my business to divert, but to instruct and convince : and I was sure, no description I could frame would either have a weight equal to the very words of the registers, or give so lively a view of proceedings upon all points, as this regular deduction of authorities through the successive ages. It was, I confess, a mighty satisfaction to me, as it must be to all the friends of episcopacy, to find the proceedings of an English synod so agreeable to the constitution of an episcopal church ; however some late books had misrepre- sented them. And as to the publication of what I found, it is accounted for in the Introduction, which contains the general occasion and design of the chapters that follow it. A scruple has been raised by some members of the lower house, how far the registers before the reformation are to be regarded in the methods of holding an English synod. But as nothing passed then, which could any way affect the usual intercourse between the two houses when met and entered upon business, so after the reformation, they continued the self-same ways of acting, that were established before ; as these deductions under the several heads do abundantly shew. For though many of our accounts since the reformation are only abridgments of the acts, the originals whereof were burnt in 1666, yet even in them, and much more in the others that remain entire, we have clear and numerous testi- monies of the clergy's continuing to act, in all respects, with the self-same deference and subordination to their metro- politan and bishops. I doubt not, but an objection formerly made will now be renewed, against the authorities from the upper house re- rt Of this work, Gibson says, in a tract published in the year 1703, " Considering the great variety of matters necessary to be laid together before a Synodus Anglicana could be drawn up, and these to be fetched from as great a variety of acts, and to be digested and recited under the proper heads, as the foundation and proof of the doctrine it contained ; all this, I say, considered, I have reason to rejoice that the omissions dis- covered by an examination so uncharitable, should be so few and incon- siderable." — The pretended independence, fyc. p. 69. THE EDITION OF 1702. li gisters, as insufficient witnesses in the concerns of the lower. They are so, as to the debates there, but not as to the matters debated ; many of which, and those the most considerable, have originally come from the upper house, with particular instructions how to proceed upon them : and the same have been also constantly returned thither, and together with the applications of all kinds from the lower house, have made a part of the register of the upper. Now our present concern is not about the methods of debating in either house sepa- rately, but the usual communication between the two houses ; which being maintained by the going up of the prolocutor, alone or attended, voluntarily or as sent for by their lord- ships, the reports they bring, the petitions they make, with the orders they receive (i. e. all the matters from whence we infer these methods of their corresponding, and the authority of my lords the bishops in the proceedings of convocation) are entered of course in the books of the upper house. And the heads of which the lower house books chiefly consist, viz. the motions made below, with their debates upon them, and the appointment of committees of their own for special pur- poses, would not, if we had them entire, be of any great moment in the present points. For these immediately con- cern the relation between the two houses, and turn not upon the proceedings of each separately, but upon the manner of the intercourse and correspondence between them. The methods of the journals of both houses, with the matters usually entered in each, will be best understood by the acts of five convocations, added by way of appendix to this book, as a pattern to future proceedings. The three first, in 156a, 1640, and 1661, belong to the upper house; and the two others, of 1586 and 1588, are the acts of the lower. These last are the only entire journals of that house now remaining : and I made choice of the three others, as they are accounts of transactions* while all the original registers were in being, and yet so lately, (two of them at least,) that the establishment of different usages since that time will not be pretended. Add to this the importance and variety of the matters transacted in each, viz., the XXXIX. Articles in 1562, the Canons in 1640, (against which no exceptions were ever taken, as to the methods of proceeding in convocation ;) and the review and d 2 lii THE PREFACE TO establishment of the Common Prayer, with many other things" of public note and concern, in 1661, and the three following years. That of 1562 is certainly the entire register of the upper house, but whether the book which remains be the very ori- ginal, I cannot directly say. Those of 1586, 1588, and 1640 are the original books deposited, according to custom, in the registry of the see of Canterbury. The book of 1640 contains also an account of the second convocation in the same year : but such were the confusions of the kingdom, and the miseries of the church, that no business could be done in it, save only the opening, and then continuing it, in the common form ; See the after the archbishop (sess. 3.) had committed the determination citeii ag p °* cei "tain controverted elections to the prolocutor and other 1 14, of this members of the lower house. The last also is the very origi- nal register of the upper house from May 8, 1 661, to Sept. 19, 1666, inclusive; mostly in the hand of Mr. Fisher, (actuary of the lower house in 1640, and deputy register to the upper in 1661,) with an attestation in form to every session. It was lately communicated to his grace the lord archbishop of Canterbury, by the rev. Mr. Nurse, executor to a gentleman in whose house Mr. Fisher died ; and by his grace, to the bishops and clergy in convocation. The method in which they are now published is this : the beginning and ending of every session in the upper house is usually the same : at the beginning, they express the place of meeting, the attestation of the notary, the names of the arch, bishop or his commissary, and of the bishops present, with the accustomed prayers; concluding always with the conti- nuations at length. As to all these, therefore, which are pure matters of form and a repetition of the same words, in the same order, I have thought it sufficient to give a specimen of them at the beginning of each, and then to contract them ; especially in 166 1, etc., where the sessions are more numerous : but the reader may rest assui'ed that the like forms run through the whole. It is true the names of the persons pre- sent sometimes vary ; but they can be of no use, except on some unforeseen and very extraordinary occasions, and when- ever these happen, recourse may be had to the originals themselves. In 1661, the Bishop of London usually presided THE EDITION OF 1702. liii in the archbishop's stead, and is always meant by the style Dominus, when it stands single ; the names of the other com- missaries, who were bnt few, being constantly expressed. But the forms in the two journals of the lower house are various ; and having withal made so great a part in the dispute about continuations or adjournments, I have printed both the introduction and conclusion of each session at length, without omitting anything, except the names of the persons every day present. In perusing these acts both of the upper and lower house, the reader will observe all along, how the synodical business is marked out by the metropolitan and bishops, as governors of the church ; and so much of it considered, debated, and pre- pared by the inferior clergy, as their lordships from time to time have recommended to their care. That the presbyters of former times have ever received and pursued those direc- tions with the utmost readiness, and then taken care to offer their applications and reports with all the marks of duty and humility. That therefore the public concerns of our church have in English convocations been transacted by rules and methods purely ecclesiastical, that is, by a synod consisting of metropolitan, bishops and presbyters, all contributing their endeavours towards the same common end, and within the bounds assigned by antiquity to their respective orders and degrees in the Church of Christ. That however the bishops and presbyters have their separate places of debate, and may not, under that general appearance, be unlike the two houses of parliament, yet as to their independence in acting, or any degrees of it, there is no such resemblance as has been pre- tended between the proceedings of parliament and convocation. That, on the contrary, the chief part of the prolocutor's business is to convey to the presbyters the pleasure of their metropolitan and bishops, and to represent to their lordships the answers, opinions, and petitions of the lower house ; and so for ever to prevent the independence of the clergy, and preserve the original union of the synod, as to the matter, method, order, tendency, and progress of the debates. These (with many more testimonies of an English convo- cation's being in reality what all the friends of our church ought to wish it, an ecclesiastical synod) will naturally occur liv PREFACE TO THE EDITION OF 1702. to every one who shall peruse these acts with impartiality and an ordinary attention. And readers, under that conviction, from the practice of former convocations, may be allowed to wonder upon what model some late proceedings and principles were formed ; and to reflect seriously upon the design, or at least, the natural tendency of them. The archbishops Parker, Whitgift, Laud, Juxon, and Sheldon, under whom the five convocations were held, are names distinguished in this church by an eminent zeal in maintaining its constitution and the rights of the clergy. And now the proceedings of the last convocation are made public, let every man be his own judge, whether our present metropolitan and bishops have not acted by the selfsame rules ; and he will then see what spirit has governed those men, who from thence have taken occasion to inveigh so freely against their lordships, as endeavouring to overthrow the rights of the church and clergy. That part of the controversy which relates to the pro- ceedings of convocation when met, began not before the opening of the last, in 1700. The nation had been industri- ously prepossessed with false notions of the constitution and proceedings of an English synod : but the alteration of opinions about the right of continuing, upon a plain state thereof from the registers, was evident enough ; and shews, that the gene- rality, both of clergy and laity, are disposed to make as im- partial a judgment upon all other heads, when the practice of former times shall be clearly laid before them. For the in- formation of such, five journals are here published entire, and the form and proceedings of an English convocation particu- larly described, not only upon the authority, but in the very words of all the remaining acts. I pray God they may in any measure tend to the removal of our unhappy differences, and the future preservation of peace and unity in the synods of our church. Throughout the book, wherever mention is made of the last convocation, it is to be understood of that which began Feb. 10, 170T, wherein these unhappy differences between the two houses first arose. A Catalogue of the remaining Acts and Registers of Convocation ; from whence the following History is drawn. The Years in Th , e ° a ^ on The Registers wherein the which they which they ^ ^ fintered were held. were opened. 1356 May 16 Islip, fol. 117a. 1369 . Jan. 21 Wyttlesey, f. 17 b. 1371 Apr. 24 Wyttlesey, f. 40. 1373 Dec. 1 Wyttlesey, f. 63. 1376 Feb. 3 Sudbury, f. 33 b. 1377 Nov. 8 Sudbury, f. 44 a. 1379 May 9 Sudbury, f. 55 a. 1380 Dec. 1 Sudbury, f. 72 a. 1382 Nov. 18 Courtney, f. 33 a. 1383 Dec. 2. . . Courtney, f. 78 a. 1384 May 20 Courtney, f. 79 a. 1384 Dec. 1 Courtney, f. 79 b. 1385 Nov. 6 Courtney, f. 83 b. 1386 Nov. 5. ....... . Courtney, f. 84 b. 1387 Feb. 26 Courtney, f. 73 a. 1388 Oct. 12 Courtney, f. 74 a. 1391 Apr. 17 Courtney, f. 75 a. 1394 Feb. 5 Reg. 4. Epp. f. 195 b. 1396 Feb. 19 Arundel, f. 44 a. 1399 Oct. 6 Arundel, f. 51 a. 1400 Jan. 26 Arundel, vol. ii. f. 1 b. 1402 Oct. 21 Arundel, vol. i. 54 a. 1404 Apr. 2i Arundel, 57 a. 1404 Nov. 24 Arundel, f. 62 b. 1406 May 10 Arundel, 65 a. 1408 July 23 Arundel, f. 71a. 1408 Jan. 14 Arundel, vol. ii. f. 7 b. 1 409 Feb. 17 Arundel, f. 1 5 a. 1411 Dec. 1 Arundel, f. 22 a. 141 2 Mar. 6 Arundel, f. 4 b. 1415 Nov. 18 Chichley, vol. ii. fol. 1 1416 Apr. 1 Chichley, 3 a. A Catalogue of the remaining Acts The Years in The Days on , P . „ . , , . ,, which they which they n,e ^S> sters wherein the were held were opened. Acts are entered ' 141 6 Nov. 9 Chichley, 6 a. 1417 Nov. 29 Chichley, f. 10 a. 1419 Oct. 30 Chichley, f. 1 7 a. 14-21 May 5 Chichley, f. 23 b. 1422 July 6 Chichley, f. 30 b. 1424 Oct. 12 Chichley, f. 33 b. 1425 Apr. 23 Chichley, f. 40 a. 1426 Apr. 15 Chichley, f. 65 a. 1428 July 5 Chichley, f. 69 a. 1429 Oct. 19 Chichley, f. 77 b. 1430 Feb. 19 Chichley, f. 81 a. 1432 Sept. 15 Chichley, f. 86 b. 1433 Nov. 7 Chichley, f. 93 a. 1434 Oct. 7 Chichley, f. 99 a. 1437 Apr. 29 Chichley, f. 101 a. 1438 Apr. 28 Chichley, f. 103 a. 1439 Nov. 21 Chichley, f. 109 b. 1444 Oct. 19 Arundel, vol. ii. f. 28 a. 1452 Feb. 7 Kemp, f. 219 a. 1460 May 6 Bourchier, f. 12 a. 1 463 July 6 Bourchier, f. 1 8 a. 1480 Mar. 21 Bourchier, f. 26 a. i486 Feb. 13 Morton, f. 33 a. 1488 Jan. 14 Morton, f. 41 a. ^1 Thus far, the acts are distinctly entered in the registers of the arch- bishop : but about this time they began to have separate books for the affairs of convocation. i5 2 9 Nov - 5 ■ iS3 2 Nov - 5 ■ 1536 June 9 . 1 541 . Jan. 30. 1547 Nov. 5 . 1553 Oct. 6 . 1554 Apr. 3 . 1554 Nov. 13 1555 ° ct - 22. 1555 Dec. 10. 1557 J an. 1. • j 558 Jan. 24. Large extracts out of the upper house books, except those of 1553 and 1554 which are taken from y journals of the lower house. In 1554 the acts of the upper house are entered in bishop Bonner's register. and Registers of Convocation. Ivii The Years in which they were held. I562. The Days on which they were opened. Jan. 2 1.. 1584 Nov. 24. J The register of the upper house, entire. A fragment of the pro- ceedings of the lower house (Feb. 13, 1562) is in the hands of Mr. Petyt. Index of the upper house register. j^gg q c j. J" Two journals of the lower house, in ■s the registry at Doctors' Com- 1 <;88 Nov. 13 1586 Oct. 16. 1588 Nov. 13 1592 Feb. 20. 1 60 1 Oct. 18. 1603, 1605. Index of the upper house registers, in the hands of Dr. Atterbury. The few passages cited in this 1606 Nov. 19 y book are immediately taken out of a large extract from thence of such things as concern the pre- sent controversy. 1614. I 620. 1623. 1625. 1625. Mar. 20 Nov. 6 . Apr. 6 Feb. 13. May 18. Feb. 7. . 1627 Mar. 18 1640 i a Conv. Apr. 14. . 2 a Conv. Nov. 4. . . 1661, &c May 16 , 1689 Nov. 6 I Entire registers of the upper house, and minutes of the lower, in the office at Doctors' Commons. The original register of the upper house, and minutes of the lower at Doctors' Commons. The original register of the upper house at Doctors' Commons. THE CONTENTS. INTRODUCTION. The occasion and design of this book i The late principles about a parliamentary alliance 2 The ill consequence thereof to episcopacy 3 The beginning of these innovations in the convocation of 1689. 5 The tendency of such proceedings, to a coordinate power of pres- byters 6 Some new claims of the last lower house 8 The design of this book, To settle all proceedings upon the custom of convocation 9 All proofs from the words of the registers 10 The necessity of citing authorities at large 10 The necessity of such a work at this juncture, to maintain the honour of our reformed church 11 CHAP. I. The method of summoning an English convocation 13 The writ to the archbishop 13 The warrant to the lord chancellor, of another nature 15 The returns, immediately and ultimately to the archbishop .... 16 The summons not less ecclesiastical, because required by the prince 17 The clergy not summoned in the same manner from the beginning, as at present 17 Inferences from the foregoing testimonies 18 CHAP. II. The manner of opening an English convocation 19 The president's coming to St. Paul's 19 The dean of the province's certificatorium exhibited 19 Other certificates and proxies 20 Contumacy pronounced 20 THE CONTENTS. These, a clear foundation of the archbishop's power over the mem- bers in point of attendance, and therefore more particularly treated of 20 1 . By the tenor of the mandate, none to be excused, but who shall shew reasonable cause to the archbishop 21 2. In pursuance hereof, all returns ever made directly to his grace 22 The dean of the province more particularly required to do it 24 3. The dean of the province's certificatorium, with his grace's commission to receive and inspect proxies 25 4. Sentence of contumacy against absents 26 The sentence of contumacy, a written instrument .... 27 The suspension of it by the archbishop 29 5. The exercise of the archbishop's authority over the members in the middle of convocation 29 1. In prceconizutions 30 2. In giving license to be absent 31 3. In admonitions not to depart 32 The archbishop absolves or punishes the absents of the lower house at the conclusion of the synod 32 The substance of the arguments for the archbishop's power over the members 36 The claim of the lower house to a concurrent power, confuted. . 36 The prolocutor cannot reserve punishment, but in the president's name 37 The prolocutor cannot give leave of absence, but as empowered by the president 39 The practices of the last lower house in this particular 40 CHAP. III. Of admitting or denying proxies. The lower house have no power to admit or deny proxies 40 All proxies lodged with the register of the upper house 41 The entry of proxies in the lower house book, no argument of their right to admit them 42 The actuary of the lower house, an officer of the archbishop. ... 43 Certain irregularities lately committed in this business of proxies 44 The lower house's additional leave to depart, an invasion of the president's authority 45 The upper house, the protectors of the persons and privileges of the lower 46 THE CONTENTS. Ixi CHAP. IV. Of the election and office of a prolocutor. Prolocutors at the first chosen only upon some single occasions. 48 When they came to be chosen at the beginning of convocation. 49 The first instance of presenting a prolocutor 50 Of the admission and confirmation by the president and bishops. 50 The office of a prolocutor or referendarius 51 The immediate end, to report the answers of the lower clergy. . 51 The bringing back the instructions of the president and the bishops 5 1 The moderating in the debates of the lower house 52 The prolocutor properly supplies the president's place among the lower clergy 52 The prolocutors at the beginning, usually officers of the archbishop's court 53 Prolocutor sometimes recommended by the president 53 Neither of these observations intended to prejudice the freedom of their election 53 The order or leave of the president, necessary before they proceed to the choice 54 In case of death or promotion, the president's order necessary to a new election 54 Always presented to the upper house for confirmation 55 The prolocutor's application to the upper house for protection.. . 55 The prolocutor cannot substitute a deputy, but by leave from the upper house 5" The prolocutor's office, when present, to convey all messages from the clergy to the upper house 5° CHAP. V. By what degrees the inferior clergy became a separate house from the bishops 60 The false account of the late Narrative 60 Retirement of the clergy to consider business, (in their united state,) was by direction from the archbishop and bishops 61 The place to which they retired, uncertain for a long time 61 The lower clergy have a separate house for debate only 63 The place of debate has been ever assigned by the archbishop.. . 63 The separation of the bishops and clergy stated upon the foregoing accounts 64 The accounts given of this matter in the Narrative &c. groundless. 65 Ixii THE CONTENTS. CHAP. VI. The manner of entering upon business in convocation 65 The archbishop's right to declare the causes of the convocation. 65 The clergy usually ordered to retire and debate about the business of convocation, as declared by the archbishop 66 Inferences from the testimonies brought to confirm the foregoing heads 72 The difference between the former methods and the late practice of convocation in these respects 73 CHAP. VII. The right of the president and bishops to require the clergy to con- sider any particular business throughout the convocation 75 The necessity of shewing this 75 The separation of the two houses made no difference in this point. 76 Inferences from the testimonies alleged upon this head 81 CHAP. VIII. The right of the president and bishops to order committees of the lower house 82 Committees of the clergy to attend committees of bishops 83 Committees of the clergy alone, ordered by the upper house. . . 86 The names of the persons chosen in the lower house, reported to the upper 89 The right of the upper house to appoint committees of the lower clergy, never questioned but in 1689 and 1701 89 The refusal in 1689 89 And in 1701. (both irregular.) 90 The reasons alleged in the narrative particularly answered 91 Committees chosen by the lower clergy for purposes of their own. 94 The lower house never consent to the choosing, when required by their president ; but only to the persons or numbers 95 The last lower house justly chargeable with all the consequences of that refusal 96 CHAP. IX. The right of the president and bishops to prescribe a time for the return of business committed to the clergy 97 The time for such return expressly prescribed 98 The clergy's answers called for by the president and bishops, and longer time granted at the request of the clergy 99 Inferences from the foregoing testimonies 10 1 THE CONTENTS. Ixiii CHAP. X. The right of the president and bishops to require the answers of the clergy in writing 102 The last lower house's refusal to answer in writing 102 Proved irregular from the practice of convocation 102 The state of this case between the two houses, the last convocation. 1 04 Free conference, a new term in convocation 105 No such free conference ever insisted on by the clergy before. . . 105 Inferences from the foregoing accounts 106 CHAP. XI. The right of the president and bishops to take to them the assistance of persons learned in our laws, &c 107 Application of the foregoing testimonies to the transactions of the last convocation 109 The necessity of having recourse to counsel about the censure of books in the last convocation 109 Their lordships in recommending the case to the bishop of the diocese, acted agreeably to the practice of convocation. ... 110, Thus far of the duty of the inferior clergy, as acting in subor- dination to their metropolitan and bishops. Next, of the rights of the inferior clergv in convocation. 1 1 2 CHAP. XII. The share of right belonging to the clergy in preparing and in pre- senting the gravamina and reformanda 112 The gravamina often considered and presented with the subsidies. 1 1 2 The gravamina, how addressed by the clergy 115 The time when grievances shall be proposed, at the discretion of the upper house 115 Grievances first offered in a general representation vivdvoce. . . 116 The clergy's right to redress, and the manner thereof 118 The reformanda frequently proposed by the archbishop among the causes of convocation 118 The clergy's right to propose reformations 120 The clergy's right to bring in schedules of reformation 121 A short state of the reformanda from the foregoing accounts . . 1 23 The care of the reformanda in parliamento usually left to the arch- bishop and bishops 123 Deputies appointed by convocation to assist in soliciting 124 CHAP. XIII. The clergy's right to offer petitions of other kinds 125 lxiv THE CONTENTS. The several sorts of petitions, particularly occurring in the acts of convocation, (not specified to restrain the clergy from petitions of other kinds.) 1. For making new canons 125 2. For the revival of old ones 125 3. For the abolition or suspension of laws 126 4. About festivals 126 5. For the archbishop's intercession with the king 126 6. For the more strict execution of discipline 127 Petitions of several kinds, an. 1555 127 Clergy's petitions of all kinds, presented immediately to the upper house 127 The usual time of presenting such petitions 128 CHAP. XIV. The part to which the clergy have a right in judicial cases in convocation. The occasion of bringing offenders (ordinarily tried in the bishop's courts) before the convocation 128 Constitution for bringing heretics before the convocation 129 Offenders usually said to be brought coram archiepiscopo, episcopis, et clcro, as the judicature 129 The sentence ran in the name of the archbishop by authority of the synod 130 This account not opposed to any restraints laid upon the whole con- vocation by subsequent statutes 130 CHAP. XV. The clergy's right of a negative or final dissent from the upper house 130 The original of the clergy's negative 130 A negative or final dissent, a peculiar, but yet established right of the English clergy 131 All denials of the clergy ever made with great humility and con- descension 13 1 This, no prejudice to the clergy's absolute right to a final dis- sent 132 CHAP. XVI. The manner of passing business in convocation 133 The manner of consenting in the lower house 134 THE CONTENTS. Ixv The circumstances of that consent, in some instances, reported to the upper house 134 All instruments read publicly and finally agreed to in the. upper house 135 The sanction of the metropolitan 135 Articles, canons, &c. passed otherwise; viz. by subscription . 136 Why articles, canons, &c. pass now by subscription 137 CHAP. XVII. Of proroguing and dissolving. The royal writs for these purposes necessarily directed to the arch- bishop 138 The archbishop's prorogations and dissolutions upon these writs, authoritative and canonical 139 The archbishop executes them by his own metropolitical power, and in his own name 139 The commissions to do the same things in parliament express a special power and authority from the king 139 The archbishop's admonitions immediately before prorogations or dissolutions 139 The schedules of prorogation or dissolution mention the royal writs, but run in the name of the archbishop 140 The English reformation unjustly charged with destroying the canonical methods of transacting ecclesiastical affairs 140 Appendix ; containing the journals of five convocations : with obser- vations drawn from them, concerning 1. The right of continuing or proroguing. 2. The right of determining controverted elections. 3. The right of substituting a prolocutor. 4. The authority of the Summons to convocation. I. Of the right of Continuing or Proroguing 276 The schedule of continuation constantly mentioned in the upper house registers 276 The antiquity of schedules in convocation 277 The inferior clergy present at the archbishop's continuations 278 A summary account of the schedule 279 The deriving our schedules from the Lateran council, an impro- bable scheme 279 GIBSON. e lxvi THE CONTENTS. The dispute depends not upon proroguing by schedule, or other- wise 281 The heads upon which the dispute turns 282 The schedule evidently comprehends both bishops and clergy 282 The clause prcelatorum et cleri, a genuine part of the sche- dule 283 The transmission of the schedule, only a circumstance in this dispute 283 Reasons to believe that the schedule has been ever sent down 284 The prolocutor is judge of the time of intimating, when the pre- sident and bishops do not interpose 285 The form of intimating to be taken from the most exact jour- nals 286 The ordinary phrase to be in reason the established form. . . 286 Declaring by intimation, the ordinary form 287 The prolocutor's intimation has no reference to the consent of the house 288 The intimation, given by command of the president 289 A formal intimation of the prolocutor, not necessary to continue the lower house 290 The president's right to continue the clergy in the upper house 292 The phrase continuavit quoad heme domum, no argument of a sepa- rate power in the lower house 294 Nor the phrase in parliament, dominus cancell. contin. prcesens par- Uamentum 295 A separate power of continuing in the lower house opens a way to perpetual divisions of the synod 297 Intermediate sessions a great irregularity and mischief to the church 299 The clergy of former times did not think of intermediate ses- sions 300 II. Observations touching the right to determine controverted elec- tions 304 Instances of such elections occurring in the acts 304 No question, whether the archbishop have a right to determine elections 307 The lower house have no right to intermeddle in returns. . . 308 The pretences to a concurrent right in the lower house con- sidered 309 THE CONTENTS. lxvii The prolocutor, and not the house, determined the election in 1586 310 The instance of 1640 considered 311 III. An additional account of the substitution of a prolocutor. . 313 The late substitution in 170 1 313 The account of it in a paper marked No. 1 314 Orders made in convocation against publishing the debates, while depending 314 Reasons why a sub-prolocutor ought to be confirmed in the upper house 316 Instances of substitutions by authority of the upper house, de- fended against the late paper No. 1 3 16 The arguments for an independent power in the lower house, answered 320 Instances where the registers of the upper house are wanting, of no force 320 The bare silence of the upper house books, no proof against posi- tive evidences 321 The precedent of 1640 particularly considered 322 The paper [No. 1 .] speaks against the sense of the house in this matter 323 No difference between a prolocutor and referendary 324 The duties belonging to the office of a prolocutor are all annexed to that of Reporting, as the consequences of it 325 IV. Additional observations touching the authority of the sum- mons to convocation 328 The authority of summoning applied both to the king and the archbishop 328 The archiepiscopal summons confessed to be authoritative, before the act of submission 329 The notion of a civil summons, an argument for the papists against our reformation 329 The intent of the statute, no more than to restrain the arch- bishop from exerting his authority without the royal license 330 The word ' authority' in the statute implies a leave or license 33 1 The archbishop's summons authoritative, from the style of the mandate and return 331 The case of the convocation's being dissolved by the death of the Prince 334 lxviii THE CONTENTS. A dissolution by the king's death, no prejudice to the archiepisco- pal authority as giving subsistence to a convocation 335 The archiepiscopal authority recognised in the dean of the pro- vince's certificatorium, set down at large 336 V. Observations upon the table of fees, and the catalogue of mem- bers, prefixed to the registers of convocation 338 Inferences from the table of fees, 1. That the officers of convocation are under the immediate jurisdiction of the archbishop 339 2. That the admission of proxies of the lower clergy belongs to his grace 340 3. That none could make proxies, but who were personally cited 340 Catalogues of convocation members, and inferences from them, 1. That the entry of the lower clergy in the upper house books, shews the convocation to be one body under one common head 340 2. That the lower house is included in the clause convocatio prcel. et cleri in continuations 340 3. That the members of both houses in the convocations of 1640 and 1661 were eminent assertors of the rights and LIBERTIES of the CHURCH 34O 4. That therefore our present prelates in convocation have been unjustly traduced, for proceeding by the same rules 34a THE CONSTITUTION AND PROCEEDINGS OP AN ENGLISH CONVOCATION, &c. INTRODUCTION. The occasion and design of the following discourse. Among the pretences that have been framed of late to gain the clergy in convocation some new exemptions from their metropolitan and bishops, no one has been insisted on so much as a parliamentary capacity supposed to belong to them. And 2 it was an artificial management in those who set the design afoot, to make this the chief ground of their claim ; not only because such exemptions could have no colour from their eccle- siastical capacity and the constitution of the primitive synods, but also because an alliance to the parliament, in constitution, was the most likely way to lead the generality of men to take the measures of their proceedings from thence. Every one knows that the parliament consists of two houses ; and they have withal an opportunity of observing out of the public votes the separate methods whereby the commons act and govern themselves : and little more of the nature of a convocation being ordinarily understood than that it also consists of two houses debating apart, this, without recourse to the primitive times or opportunity to know our own established methods of acting, prepared men's minds to favour the late claims of some of the clergy to such privileges as the commons enjoy. In which error they have been industriously confirmed, by the GIBSON. B 2 The occasion and liesiyn endeavours of the same persons to bring the parliament and convocation to such an alliance as was never thought of before the publication of some late books. The late That the members of the lower house are the clergy corn- principles . . iiii ofparlia- moners, and spiritual commons; that the whole convocation alnanwT suos i sts by the king's writ, and not by the archiepiscopal man- Atterb. date ; that the clergy thereof are attendant on the parliament 8 , Riyhh, &c ag ^ e p ar jj amen t has a right to be attended by them, is the ordinary language of a late book : which yet is pretended to be written in defence of the church's liberties, and censures the principles of its adversary as of a slavish tendency. From 3 this principle, others of the same kind relating to their consti- Answer to tution and privileges have since sprung; b That the model of I St IjCttSY • p. 2. col. 2. an English convocation was doubtless taken from the model of Ibid. p. 6. an English parliament ; that an English synod was formed Nar. p. 6. upon the platform of an English parliament ; that the synodical c rights peculiar to the lower clergy of the church of England Nar. p. 8. are owing to a conformity to the parliament ; that the distinct a " As hitherto 1 have inquired only into the rights of a synod of the province of Canterbury at large, so now I go on to consider it as attendant upon a parliament of England. For thus the matter at present stands, and has stood for 400 years and upwards, to speak at the lowest : though in the elder ages it plainly enough appears that the clergy came at once from both provinces, and joined nationally with the lay assembly." — Atterbury, Rights, Powers, Syc. p. 28. b " This particular frame of an English synod was doubtless taken from the model of an English parliament ; because no synods in the world, but English ones, are so constituted. And therefore the argument from parity of constitution must thus far be allowed to hold ; that since the distinction of the convocation into two houses was borrowed from the parliament, those houses must be truly and properly such in the parliamentary meaning of the term all those rights and privileges that are absolutely and in- dispensably necessary to the being of a house (in the parliamentary sense of the word) they must have by virtue of their origin and alliance : and these can be no fewer, I have said, than the right of separate debates, of a negative and of adjournment." — Atterbury, The Power of the Lower House Sfc. p. 2. col. 2. c " The practice was much the same in the state-assemblies to which we find the clergy-meetings endeavoured to conform; and to which con- formity we suppose we owe those synodical rights which are peculiar to the lower clergy of the church of England." — Hooper's Narrative, fyc. p. 6. of the following discourse. S capacity of the lower house of convocation was derived from an imitation of the lower house of parliament. The two last passages acknowledge in effect, that some of The ill eon- the privdeges they are already in possession of were unknown thereof to to the more ancient synods : and as to the other exemptions for episcopacy, which they contend, if they had any countenance from those early times, that, I suppose, would he thought a more decent plea in a case of ecclesiastical government, than laying their model in the imitation of a parliament. For I take it to be new doctrine that a late author delivers with great assurance, to take off the ill appearance of contending, and that with so much warmth, for ecclesiastical rights upon a secular founda- tion : (1 " I am sure, and am ready whenever I am called upon^'fe^. particularly to prove, that the more our church shall resemble p^'f 38.' °" the state in her temper and manner of government, the nearer still will she approach to primitive practice." This is a position that will require proof, when he is at leisure to go about it ; not being half so evident, in my opinion, as that the rights and privileges of the house of commons, if vested in the lower house of convocation, would give the clergy a coordinate power with their bishops, and so remove our church still further from primitive practice. But all along on one side of this conti'oversy, the church seems to signify no more than the inferior clergy, exclusive of the metropolitan and bishops ; as if the giving 4 presbyters new degrees of exemption from their ecclesiastical superiors were the way that primitive practice has traced out for the perfection of an episcopal church. An opposition to the liberties of the church has an odious sound ; and sounds no worse than it really is, when the bishops as well as inferior clergy, acting regularly and peaceably within their proper spheres, are allowed to be the constituent members of that church. But the present claim of parliamentary rights d " This happy frame should by all means be kept up ; and the rather because it suits very happily with that of the state, and with the consti- tution of parliaments. And it is highly expedient for every church and state, that the ecclesiastical polity should be adapted to the civil, as nearly as is consistent with the original plan of church-government : which in our case there will be no danger of departing from by a compliance with the state-model. For I am sure" &c. — Atterbury, Rights and Powers, Sj-c. p. [138.] B 2 ft The occasion and design is only, in other words, a diminution of the canonical authority of the archbishop and bishops over their clergy ; which being diminished as far as^ parliamentary exemptions would do it, . must evidently destroy the subordination of presbyters to their bishops ; that is, it must bring us by degrees to a state of presbytery 0 . Now n<> law lias determined how far these, which they call their parliamentary rights, may be carried ; or, which is the same thing, how near the claims upon that foundation may bring us to presbytery. The late Narrative of the lower house f , speaking of their distinct capacity as derived from an imitation of the lower house of parliament, does indeed say that they are far from presuming to set themselves upon a level with that honourable body, or to pretend to equal privileges thence with respect to the lords the bishops. But they no- where tell us how far they will or may carry their claims upon the foot of that relation, nor assign any reason why it does not as well entitle them to all the other privileges of that august assembly, as to those they contend for at present. And the friends of episcopacy will hardly be content that our consti- 5 tution be perpetually exposed to ruin, whenever a majority of the lower house happens to be out of humour, and in a dispo- sition to withdraw their obedience, or invade the rights of their superiors, under a general pretence of their parliamentary relation. That they enjoy several rights, unknown to the presbyters of the primitive times, is not denied ; nor ought to be forgotten by those, who, not content with that addition of e This resemblance to a presbytery was noticed and enforced by Dr. White Kennet in a pamphlet published by him at this time and entitled "A letter from the borders of Scotland concerning somewhat of agree- ment between a Scotch general assembly and an English provincial con- vocation." It was further illustrated by Dr. Gibson in "The parallel continued between a presbyterian assembly and the new model of an English provincial synod," which tract bears date Dec. 9. 1702. f Of this Narrative Gibson says (The Right of the Abp., 2nd letter, p. 40.) " it was published under the name of the lower house, but not by their order or with their knowledge." Dr. Hooper, the principal writer of the Narrative, says of it in his preface, " it was drawn up by order of the lower house of convocation, and approved of by them so far as it could be finished during their session. 1 took the liberty of sending that copy which was in my hands to the press." — Pre/, p. iii. See also Dr. W. Ken- net's Hist, of the Convoc, Pref. p. iv. of the following discourse. 5 power and privilege, were making larger encroachments upon their ecclesiastical superiors ; and, which is worse, upon a foundation that will raise them to what further degrees of independence the clergy may at any time be drawn to attempt, either out of a personal dislike of their bishops, or of a secret enmity to the character itself. These new claims were set afoot (with what design, or upon These inno- what grounds, I cannot say) in the convocation of 1689. 1° begun in the sixth session whereof the upper house drew up an address ^ 89 " s of thanks to his majesty for his royal licence, and a gracious Domus. message which he had sent that day to the convocation s. The form being agreed on was, according to custom, sent down to the lower house for their consent ; but they, instead of giving their consent, or signifying the amendments they conceived necessary, returned an answer to this effect, " That they had resolved to address in a form of their own framing ;" and pre- sently after, upon their lordships' disapproving that answer, they declared their resolution more openly, " That they intended to address separately :" Intendebant supplicem libellum sepa- ratim proesentare : an expression very agreeable to the con- stitution of a house of commons, but never heard of before in convocation : and as the practice was wholly new, so was it 6 resisted and overruled by the right reverend the present lord bishop of London, then president, and his brethren the bishops. tjS > In the tenth session, the prolocutor having received certain amendments from the president to be considered by the lower Ibid, house, immediately asked the question, Whether, in case the lower house agreed to those, their lordships intended to make any more? Which would not perhaps have been thought a very proper or decent offer, even from one house of parliament to the other, in a like case ; and being so much more improper in convocation, especially as coming from the lower to the upper house, would have justified their lordships in a resent- ment less mild and gentle than they were pleased to express : Praises, &c. declaravit qucestionem per eura propositam fuisse valde irregidarem, et talem cui nidlo modo respondere queat aut tenetur. s See Synodalia, vol. 2. p. 692. li Tlie occasion and design Session 13th, the president proposes to the prolocutor the Reg. Sup. naming a committee of the lower house, to meet a select num J her of the upper, in order to inspect the acts of hoth houses. Upon this a douhle irregularity ensued ; (so I take the liberty to call them now, because they will be proved such hereafter in their proper place :) the first, in the prolocutor, who re- turned an answer that I dare say no president ever met with before from a prolocutor, se non j^osse ad id consentire sine consensxi coitus domus inferioris convocations prints habito ; the second, in the house, whose resolution was, not to appoint any committee for that purpose durante recessu convocatio- ns : as if by the established rules of convocation they had a negative upon the president in the appointment of committees, or had any further share in it than to receive his directions, 7 and, when the number and the persons are left to their dis- cretion, to confirm the prolocutor's nomination. In that convocation also the new practice of sending the resolutions and opinions of their house by other hands than the prolocutor's was first attempted, but presently taken notice of as an innovation, and checked by the president and bishops. I produce not these as testimonies of any design in the clergy of that time to transgress the rules of convocation, or The tend- to gain new privileges to their house. Though it may be some f. ncyof , par "of the members then had this notion of parliamentary rights hamentary _ . . claims to a in their eye h ; and the manner of holding an English convo- power Date ca ti° n n °t being near so thoroughly considered as since it has been, the taking some of their measures from the proceedings in parliament might, under that imperfect knowledge of things, be a pardonable error. But the observation I would make upon these practices is, that they were plainly enough an imi- tation of the methods in the house of commons ; and being so, show how the very beginnings of such an imitation tend to divide and separate the synod, and introduce a coordinate power of presbyters with their bishops ; and that therefore the safety of our episcopal constitution, at this juncture, de- h As early as in the year 1697, sir Bartholomew Shower, in "A letter to a convocation-man concerning the rights, powers and privileges of that borly," had drawn a parallel between a parliament and a convo- cation. of the following discourse. 7 pcnds upon a timely and steadfast opposition to those parlia- mentary claims, with the establishment of all proceedings in convocation upon the only true bottom, the current usage of former convocations, as contained in the remaining registers of either house. These have been diligently examined since the year 1689, and being so opposite to the claims that were then made, (as will be shown at large from the registers them- selves,) it might have been hoped that some of the more in- quisitive members would have come together the last convo- cation in a disposition to recede from those groundless pre- 8 tences. But whether they had not thoroughly examined the books, or whether they suffered themselves to be misled by one whose interest it was to draw a majority of the clergy to act upon principles that he had publicly advanced': whatever, 1 " This scheme, we see, intended in general to establish an independence of the presbyters on their bishops, is directly raised upon the ruins of ecclesiastical power. For what else can we call this transferring the sole right of summoning synods from the archbishop to the civil authority, and making the metropolitan's part in it purely ministerial ? However, upon this foundation he builds, and frames upon it a convocation con- sisting of two distinct bodies, each meeting at their own pleasure, and ordering the time of their debates, independently of the other, under an equal and immediate authority of the prince, in whom alone they are made to centre and unite. Being assembled in this coordinate state, the metropolitan, deprived before of his summoning authority, is hereby di- vested of his right of presidency ; and the prolocutor is put into the full possession of that power in the lower house ; and (as this author explains the plenitude of his power and the independence of the lower clergy upon that foot) he becomes as much the head president and governor of the lower house as the moderator is of a presbyterian synod. " And was it not high time for my lords the bishops and all the friends of the hierarchy to interpose, when they saw such a plain foundation of an Erastian church laid with a professed design to exempt the presbyters in convocation from the authority and influence of their ecclesiastical su- periors; and, which is more, laid by one who was at that time the great oracle of the lower house ? For at the first the supposed author of that piece was said to bear no less figure in the debates and resolutions of the majority. " It was time, I say, to oppose principles attended with so pernicious a consequence, coming from an author to whose opinions an implicit obe- dience was then paid by the generality of that side. And therefore, in justice to the constitution of our protestant church and of its synodical meetings, it was shown, That there still remains a right in the church to s The occasion and design I say, was the cause, it is certain in fact, that they were for Some new enough from revoking the innovations attempted in 1689. So the last mr ;ls upon the same foundation to proceed to new claims of lower independence, as little warranted from the usage of convoca- tion, and tending equally, if not more, to set up the coordinate power we are complaining of, and to destroy the fundamental constitution of an English synod. Such are, the power they pretend over their own members ; their sitting and acting in a synodical way, without their metropolitan and bishops ; their proceeding to resolutions upon matters of the highest import- ance without the previous knowledge and directions of the upper house ; their refusing to return their answer in writing, and to appoint committees when required by the president, &c. ; with other steps towards such an independence from their bishops as the commons in parliament are possessed of with relation to the lords. And if this must be their standing pat- tern, and their parliamentary capacity a certain refuge when- ever their claims exceed the custom of former convocations, how far they will go I cannot say, nor will I judge with what intention they pursue measures so opposite to the state of the primitive church : but this I am sure of, that the same found- ation upon which their late claims are grounded will equally justify them in many more, that, being once introduced, would 9 make the frame of an English convocation as inconsistent with episcopacy as the professed enemies thereof can desire. It will be objected, that the persons who at present are in those levelling measures have not formerly been thought in the presbyterian interest, and that now also they are more open and bitter than most other men in their invectives against them, and remarkably loud in a concern for the church. summon them authoritatively; that an English convocation is but one body consisting of bishops and their presbyters ; that it proceeds jointly in the same common measures, and in a way suitable to the original dis- tinctions between their respective orders ; that it is united in one common head or president, the metropolitan of the province ; that in his stead the prolocutor moderates the debates of the lower house, separated from the upper, only for the convenience of debate; and that the clergy are obliged to receive and pursue the directions of their metropolitan and bishops and to make their reports thereupon just as they were in their united state." — The Schedule reviewed, p. 4. of the following discourse. 9 All this is readily acknowledged ; and it is no new thing with frail mankind, such especially who are uneasy under government, to rail at those the most, who are in the posses- sion of what themselves most desire. But words are empty testimonies in comparison of actions ; and the hardest names they can find for that sect will be no conviction to them nor us, either that these endeavours to lessen the character of bishops are not an evident service to their cause, or that such invasions by presbyters upon the primitive rights of episcopacy are not an evident undermining of our establishment. But when I speak of the primitive rules, I would not be The design understood to propose the forms of the more ancient synods book ^ q as the measure of my future reasonings upon the privileges settle their either of bishops or clergy in an English convocation, but only fngs upon to prevent its being thought that any of the powers they now l \ e custom * . ° J 1 * of convo- claim, and the bishops deny, are so much as pretended to cation, receive support from the condition of presbyters in the primi- tive church. So far from this, that many of their real privi- leges peculiar to the clergy of this nation, and now grown into legal rights, are much younger than the first accounts we have of a convocation properly so called : such are, their debating in a separate body ; their having a standing prolocutor of their 10 own ; the share they have in framing canons and constitutions ; their negative upon the archbishop and bishops in synodical acts of an ecclesiastical nature ; and even their right to be summoned in the present form, or for ecclesiastical purposes. For their civil property could not be disposed of but by their own consent ; and the necessity of having this gave them a negative upon the bishops in subsidies, which was then the chief business of convocation ; the canons and constitutions of the church being for many ages after constantly made in synods consisting only of the archbishop and his provincial bishops. But the affairs of the church, as they came to be transacted in convocation, fell under the rules and methods that had been established there upon civil accounts ; by which means the inferior clergy came into the same share in the ecclesiastical that they had enjoyed in the secular business: and as custom has given them a legal claim to several privi- leges of that kind unknown to the primitive presbyters, or 10 The occasion and design even to the presbyters of any other episcopal church at this day, so, bo their original what it will, it is no part of my de- sign to call in question any of their claims that the remaining acts of convocation will warrant. Their want of authorities from the primitive times, with the lateness of their coming to a share in the canons and constitutions of our own church, and the secular original of the title they now have to bear a part in framing and passing them, will be a general reason with all unprejudiced men why they should at least acquiesce in these, and not endeavour to build higher upon that secular foundation. But in the present controversy, I freely pass by all these disadvantages, and desire only that every point may 1 1 be determined by the constitution and customs of convocation ; resolving neither to assert any authority to the upper house, nor deny any privileges to the lower, but as the proceedings of former convocations establish the first, and prove all pre- All proofs tensions to the second groundless and illegal. Nor do I pro- regbters P ose *° nave the rea der depend upon my assertions or bare themselves, representations of things ; but upon all points that are either made a question already, or can possibly bear one, the evi- dences shall be produced at large, that so every reader may be his own judge, and none be able to contradict the positions laid down but by first denying the authority of the registers. My accounts may perhaps seem too minute and particular to some who are already skilled in convocation affairs ; but it is not for their use that I write this, but for the sake of the generality, many of whom, eminent in other parts of learning, may without reproach be presumed strangers to a subject that has so lately come under consideration. Which will also be a fair apology for their having been misled into a favourable opinion of some measures not to be warranted by the practice of convocation, if they show themselves ready to retire upon a clear conviction from proper authorities. In the producing of which my multiplying testimonies of the same kind and to the same purpose may possibly be thought a fault ; but if it be, they who have so openly denied truths, established upon evi- dences so plain and numerous, are answerable for it. The neces- j n truth, the errors and prejudices arising from the notion ing autho- of a parliamentary body have been wrought into men's minds of the following discourse. 11 with so much art and diligence, that nothing under originals, at and a variety of authorities from thence, can hope to dispossess l them ; nor will it upon any less testimony be thought possible that persons in holy orders should contend so earnestly for meeting and acting in a civil capacity about matters of an ecclesiastical nature, if they had any pretence in law or custom to meet and act under the character or appearance of a sacred synod ; especially when subsidies, the great business of a secular nature that ever belonged to the convocation, are not now granted in it. And since, even after the business of it is become purely ecclesiastical, the endeavours to make it a civil meeting have been so remarkable ; my design in the following papers is to do right to its constitution, by restoring it to all the spiritual liberties and advantages it may justly claim by the laws of the land and its own perpetual usage : from which, as conveyed to us by the Acts themselves, I will The general show in a plain and naked relation of matters of fact, That an thfsljook. English convocation, however laid under some restraints from the civil constitution, is far from being so much transformed into a civil meeting as has been pleaded of late ; that in the 1 summoning, opening, and acting, it appears, what it is, an ecclesiastical synod of bishops with their presbyters, and nei- ther a parliamentary body on the one hand, nor an assembly of presbyters on the other ; that however the papists slander the English reformation, as if it had changed our church into a civil constitution, yet it is evident, against all the endeavours of some among ourselves to help the church of Rome in that objection, that, as to the nature of our synods at least, it left them in the same ecclesiastical state as it found them. To proceed regularly in this design, it must be all along 13 observed, what I hinted before, that the corruptions which have been endeavoured of late in an English convocation are, in general, the diminution of the canonical authority of the metropolitan and bishops, and the clergy's claiming such ex- emptions from that authority as makes the whole body look more like an English parliament than a sacred synod. To this purpose it has been pleaded, k That the convocation was Nur. p. 6. k These propositions are not all of them given expressly in the two tracts to which the author refers ; hut where they are not given ex- pressly, they are direct inferences. 12 The occasion and design Answ. p. 9. divided into two houses, in conformity to the parliament : That the prolocutor is president of the lower house, as the arch- bishop is of the upper : That the acts and declarations of both are only the cft'ect of the order or consent of each house re- spectively : That the prolocutor governs the time of the lower in as full a manner as his grace does that of the upper, i. e. Nar. p. 17. with the consent of the house: That their debates are man- Nar. p. 61. aged independently from their lordships: That they have a general negative upon the upper house : That in virtue there- of they have a right to deny the appointment of committees, and even a sight of their journals (in which, by the way, they exceed their pattern; the journals of the two houses of parlia- ment being mutually open to the members of each at all times Nar. p. 3. and upon all occasions) : That without the knowledge or direc- tions of their lordships they can enter upon and proceed in business of the highest importance ; and if any point happen that in the judgment of the upper house may be most conveni- ently debated in writing, they can insist upon a free con- Nar. p. 50. ference as the fittest method, and if that be denied, are under no obligation to be further accountable to their lordships for Nar. p. 49 any of their practices or proceedings : add to these, the power they claim over their own members, upon which they can re- 14 quire their attendance, and, according to the known practice of the last convocation, can discharge them from it by a vote or resolution of the house ; with that other claim which has been so much insisted on, their right to adjourn to differ- ent days from the metropolitan and bishops, and to sit and act on these days as a house. In these claims and practices, I say, we have the view of an English parliament, but lose that of an ecclesiastical synod, consisting of a metropolitan, bishops, and presbyters. By these rules, we see, the debates, as to the matter, manner, and time, are all separated at the pleasure of the inferior clergy ; and as the archbishop and the upper house are made to re- semble the speaker of the house of lords and the lords tem- poral, so, to complete the parallel, the prolocutor and the lower house (that is, as they term themselves, the spiritual commons) answer to the house of commons and their speaker. However, such comparisons, if they went no further than names, or the general appearance of the two bodies, might be of the following discourse. 13 innocent enough ; but when upon these the claims of new pri- vileges begin to be founded, and such privileges too as are an apparent diminution of the metropolitical and episcopal autho- rity, separating the synod, and raising the presbyters by de- grees to a coordinate power, then the parallel is no longer safe, but the governors of the church, and all that love our episcopal constitution, are concerned to enter upon proper measures for the preservation of it. And these, in our present circumstances, I conceive to be, the opposing to those new at- tempts the authority of former convocations, and describing from thence (i. e. from the only true rule) the practice and proceeding proper to each house. Which will not only show 15 that their lordships have insisted upon no power but what their character and the usage of convocation fully justify, and that therefore the clergy's claims of exemption from it are not to be warranted ; but will also discover to the world how they have been imposed on by 'those who have grounded such claims upon an imaginary alliance between the parliament and convocation, two bodies that will appear to be widely different both in constitution and proceedings. And since that differ- ence, as I said before, consists chiefly in the authority which belongs to the metropolitan and bishops over the inferior clergy and their proceedings, it is my design to show out of the records themselves, how that authority stands, and has always stood, in the several ages and instances, from the sum- moning and opening a convocation to the dissolution thereof; with an eye, all along, to the different constitution and manner of corresponding in the two houses of parliament, and par- ticularly to the late claims of independence built upon a par- liamentary relation. CHAPTER I. The method of summoning an English convocation. I. When his majesty, by the advice of his council, resolves to The writ to summon his parliament, and with it a convocation, he signifies * . e , arc * 1 ~ 1 . . ' B bishop. his royal pleasure by writ to the archbishop, Rex, &c. Reve- rendissimo, &c. (then the general causes of his calling a con- 14 The method of summoning 6 vocation are recited) — Vobis in fide et dilectione quibus nobis tenemini, rogando mandamus, quatenus pramiissis debito in- tuitu attentis et ponder atis, universes et singulos episcopos vestrce provincial ac decanos ecclesiarum cathedralium, nec- non archidiaconos, capitula et collegia totumque clerum cu- juslibet dia'cesis ejmdem provincial, ad comparendum coram i obis in ecclesia cathedral)' 8. Paidi London . . . die, &c., vel alibi prout melius expedire videritis cum omni celeritate accommoda, modo debito convocari faciatis. A writ to this effect, and for some hundred years in this very form, has been all along directed to the archbishop when- ever the king had resolved that a convocation should be sum- moned. Upon the reception whereof his grace always pro- ceeded to summon it in the fixed and canonical method, that he ever used in calling of convocations upon his own motion without that writ. For though the king, as having a right to the assistance of the clergy, had also a right to be obeyed by the archbishop in calling them together for that end, yet in the dispatch of that business he left them to proceed according to the known rules of a provincial synod, viz. to be summoned before their metropolitan, and to the place he should think fit to appoint, and in the manner that was usual in all other con- vocations. For the archbishop had a right to call a convoca- tion at pleasure, till the statute 25 Hen. VIII. c. 19. absolutely restrained him from doing it, unless empowered by the king's writ : which effected this alteration in the summons, that whereas before it was issued sometimes upon the pleasure of the prince signified to the archbishop, and sometimes upon the archbishop's alone, the authority of the summons in both rest- 7 ing equally in his grace, now he is restrained from the exer- cise of that authority till he receive leave or direction from the prince ; the summons, upon that intimation of the royal plea- sure, being still issued in his grace's name, and under the archiepiscopal seal, that is. remaining as properly authorita- tive as before. 1 1 See this point proved more largely in the Right of the Archbishop, 9. &c. " When this author affirms that the power which the king ex- ercises in the calling a convocation was transferred to the crown by the 25 Hen. VI 1 1, he forgets that before this statute the archbishop frequently an English convocation. 15 II. For whereas in the late comparisons of a convocation and parliament, the parallel lies between the archbishop in the first and the lord chancellor in the second, the share they have in the summoning these two bodies is very different. The lord chancellor or keeper receives a warrant from the king, whereby his majesty signifies his resolution to call a parliament ; " In which case divers and sundry writs are to be The war- directed forth under our great seal of England, &c. Where- 1°^- fore we will and command you, forthwith upon the receipt cellor, who hereof, and by warrant of the same, to cause such and so isterially. many writs to be made and sealed under our great seal, for the accomplishment of the same, as in like cases hath been heretofore used and accustomed, &c." What the king, in this case, requires of the lord chancellor is in a way purely ministerial, his lordship being commanded to act only in his majesty's name, and under his seal, i.e. solely by his authority ; while the archbishop is only licensed or directed to exert a power and authority which belongs to him, as well in the common right of a metropolitan as by the an- cient laws and customs of this realm. In virtue whereof he directs his mandate to the bishop of London, whose office it is, as his grace's dean of the province, to execute that mandate, and whose part therefore, in the calling a convocation, answers to that of the lord chancellor in the summons of a parliament. 18. Both of them act ministerially, in the name and by the autho- rity, the one of his civil and the other of his ecclesiastical superior. The writ for a parliament, issued in the king's name by the lord chancellor, summons the lords spiritual and temporal, per- summoned his convocations upon the king's royal writ, framed in the same words, issued in the same manner, executed with the same readi- ness, and recited in his mandate to the bishop of London, as at this day. And therefore there was no occasion to give the king a power of enjoining the archbishop to call a convocation, because he had the power before, and was always obeyed. But the archbishop also had a power to summon the clergy of his province without that writ, and king Henry VIII, find- ing a strong disposition among the clergy to oppose his new measures, and being sensible withal how much their meeting and protesting against them in a body would obstruct his designs, saw it necessary to make him- self the sole judge, when it was fit that a convocation should be called." Right of the Archbishop, letter 2nd, p. 9. 16 Tlte method of summoning sonally to attend his majesty on a certain day at Westminster : Vobis in fide et legiantia, quibus nobis tenemini, firmitcr injungendo mandamus, quod consider atis, &c. dicto die et loco personaliter intersitis nobiscum : and another also, in his majesty's name, to the sheriff of each county, commands him to take care that the knights, citizens, and burgesses, duly elected, pay their attendance to the king at the same place. But the archbishop, in his mandate executed by the bishop of London, first reciting the royal writ, to show that the restraint of the statute is taken off, summons the bishops and clergy of his province to appear before himself in his provincial convo- cation at St. Paul's : Quod iidem episcopi decani et archi- diaconi, et caiteri ecclesiarum cathedralium pr&lati, &c. compareant coram nobis, aut nostro in hac parte locum te- nente sive commissario in domo capitulari ecclesiai cathe- dralis Divi Pauli London. The returns The sheriff of each county is directed in the royal writ to mentfto make a due return of his election to the king in his court of the king, chancery : Et electionem tuam in pleno comitatu tuo factam distincte et aperte sub sigillo tuo et sigillis eorum qui elec- tioni illi interfuerint, nobis in cancellaria nostra ad diem In convo- et locum in brevi contentum certifices indilate. . . . By the the arch- arc hbishop's mandate, the bishop of each diocese, to whom the bishop. immediate execution thereof belongs, is directed to make the 1 9 return to his grace, or his commissary : Et pra>terea vobis, ut supra, injungimus, quod omnibus et singulis coepiscopis suffra- ganeis provincial nostra} Cant, injungatis et injungi faciatis, ut singuli eorum sigillatim de facto suo, quatenus pertinet ad eosdem, nos seu locum-tenentem sive commissarium unum vel plures, dictis die hora et loco per literas eorum patentes nomina et cognomina omnium et singulorum per eos respec- tive citatorum continentes, distincte certificent et aperte. These returns are ultimately deposited in their proper offices, the parliamentary in his majesty's court of chancery, and those to convocation in the register of the see of Canter- bury : that is, the due execution of each being immediately certified to the person from whom the command comes, and in whose power it is to punish the default, the testimonies of that execution rest and stop at the authority from whence the summons in both cases immediately flowed. an English convocation. 17 Thus far, to the honour of our reformed church, nothing The sum- appears in the manner of an English convocation but what is "^"gcci'e- truly ecclesiastical ; or, in other words, suitable to the consti- siastieal for . , P -ill 11 i its being tution and government ot an episcopal church, as well as the enjoined by degrees and order of the members whereof it consists : bating, • e P nnce - I mean, that one restraint which the statute has laid upon the archbishop, from calling a convocation at pleasure, as the ancient metropolitans and our own here in England before that statute had a right to do. For as to the archbishop's exercising his summoning authority at the command of the king, this is so far from changing our convocations into civil meetings, that it is no more than an obedience which has been ever paid to Christian princes by the governors of national churches, planted and established under their influence and protection. Nor in 20 our own, did the archbishop's calling his clergy, upon the king's writ or without it, ever make the least alteration in the stated ecclesiastical methods of summoning. All these, God be thanked, are still pretty entire ; and I hope safe enough against the endeavours of some restless men, who would persuade us that they are pleading the cause of the church, in doing all they possibly can to make her a mere creature of the state. This has ever been the method of summoning a convocation; The clergy but as to the members summoned, the cathedral and diocesan not su . m " moned m clergy were not from the beginning represented, as now they the same are, by persons of their own immediate choice. The deans, y^"^ priors and abbots were required by the archbishop to bring beginning, procuratorial letters from the respective bodies over whom they were placed, as the archdeacons were to do from the parochial clergy within their district. Anno 1257, the archiepiscopal mandate runs thus: In vir- tute obedientice prcecipiendo, ut prmlicti decanus et prior > dictarum cathedralium ecclesiarum, ahbates, et alii priores, cum Uteris procuratoriis nomine conyregationum suarum con- fectis, ac dicti archidiaconi cum Uteris similiter factis ex parte clericorum qui subsunt eisdem, Sfc. dictis die et loco personaliter debeant interesse. Anno 1 25H to the same purpose : Vocetis etiam decanos , cathedralium et aliarum ecclesiarum, nec non etiam ahbates, ' priores majores insuper et archidiaconos vestra?, dioecesis uni- versos, ut cum Uteris suorum subditorum procuratoriis loco GIBSON. C t 18 The manner of et die antedictis compareant. And the bishop's order upon that mandate to the archdeacon: Ac nihilominus vos ipsi com- pareatis dictis die et loco cum Uteris procuratoriis cleri totius archidiaconatus vestri. 21 Anno 1279. The archbishop's mandate directs the bishops to call their clergy together, and excite them to contribute liberally to the king's necessities ; and then leaves them at liberty, whether they will send their resolutions by the bishops or their proxies, or by proctors of their own. Hujusmodi autem servitii vel subsidii quantitatem per vos aut procura- tors vestros, vel certe per procuratores proprios ad hoc, si expedire videritis, destinandos, nobis intimare studeant in congregatione nostra London, Sfc. The same method (I mean of the bishops calling together the clergy) is prescribed by the archiepiscopal mandates of 1282 and 1283, when the clergy appear to have been represented in both by two proctors. But afterwards, Anno 1 296, we find the diocesan clergy required to appear by one proxy : Unumquodque capitulum seu conventus per unum ; clerus quoque cujuslibet dicecesis per unum similiter procuratorem idoneum et instructum : and, anno 1 3 1 1 , either by one or two : Clerus autem per unum vel duos procuratores consimiles, communiter destinandos. inferences I produce not these instances to invalidate the right of the from the cathedral clergy to be constantly represented by one, or the foregoing . 0ersonarum inteiulimus executioni debitaz demandare. Anno 1297. Vos etiam prcemunimus, et cceteros sic citandos prcemuniri mandamus, quod absentee in citatione praidicta, nisi evidens et inevitabile impedimentum per probationes certas superesse docuerint, tanquam inobedientes et offensores notorios graviter puniemus. And another the same year : Denunciantes dictis coepiscopis, et per eos suos subditos sic vocandos faciatis idonee prcemuniri, quod absentes in citatione 22 The manner of prcedicta, nisi evident et inevitabile impedimentum sufficients? probetur, tanquam inobedientes graviter puniemus. Much of the same form, and wholly to the same purpose, is this clause in the mandates, anno 1333 and 1327. Anno 1356. Intimantes eisdem, quod contra absentes in forma canonica procedemus ; nullius sic absentis excusatio- nem penitus admissuri, nisi quatenus ad lioc nos arctaverint canonical sanctiones. 27 Anno 1359. Volumns et intimamus, quod intimetis seu de- nunciari faciatis dicta; provincial coepiscopis et confratribus ac vicariis hujusmodi, decanis, abbatibus, prioribxis, et ceteris ecclesiarum prailatis supradictis, quod eos a personali com- paritione in hujusmodi congregatione, dictis die et loco per nos seu nostra auctoritate, Deo annuente, celebranda, habere non intendimus excusatos ista vice, nisi ex causa necessaria tunc ibidem alleganda et probanda ; sed eorum contumacia, si qui forsitan absentes fuerint, secundum juris exigentiam canonice punietur. From thence to this day the same clause continues a part of the archieplscopal mandate, with a very small variation of the words, and none at all of the sense or intention : Volumus insuper et mandamus, quatenus intimetis et denuncietis seu intimari et denunciari faciatis dicta' provincial nostra? Can- tuar. coepiscopis, decanis, archidiaconis ac ceteris eccle- siarum prailatis suprascriptis, quod eos a personali compo> ritione in hujusmodi negotio convocations et congregationis dictis die et loco, ut prozmittitur, divina favente dementia celebrand. excusatos non habere intendimus ista vice, nisi ex causa necessaria tunc et ibidem alleganda et proponenda et per nos approbanda ; sed contumaciam eorum qui absentes fuerint canonice punire. I know not how clearer testimonies can be given of any point than these are of a constant right in our metropolitan, the same that metropolitans have always enjoyed, to require attendance according to the tenor of his mandate, and to judge of the reasonableness of all excuses of absence, and to punish the contumacy of those who are absent without sending reasons that in his grace's judgment are good and sufficient. 2 8 II. In pursuance of his general summons, and that particular ||" s admonition, the archbishop in the same mandate, and in the opening a convocation. 23 clause immediately following, commands the dean of the pro- directly to vince to intimate to every suffragan bishop, that ho exhibit to yJ^L his grace at the day appointed a schedule under his episcopal seal containing the names and surnames of all the persons he has cited to appear. The words of this clause have not always been the same they are now, but such as express the same meaning, and had the same effect ; for instance, Anno 1281. Mandantes insuper singulis episcopis quod secum deferant in scriptis nomina omnium in forma praidicta de suis dioicesibus ad concilium vocatorum. And more dis- tinctly the very next year, viz. Anno 1282. De nominibus vero abbatum, priorum, et alio- rum religiosorum, decanorum, archidiaconorum. procura- torum, tarn cleri cujuslibet dicecesis quam capitidorum, singuli episcopi pro stiis dia'cesibus ad dictos diem et locum per suas literas distincte nos certificent et aperte. In the next century it comes yet nearer to our present form : as, Anno 1350. After direction given to the dean of the pro- vince to bring a particular return or certificate of the due exe- cution of the mandate, it is added, Et caiteris coepiscopis suf- fraganeis nostris, electis, et vicariis pra&dictis similiter injun- gatis, ut nos vel nostrum commissarium eisdem die et loco singuli sigillatim modo debito certificent per literas suas pas- rentes harum seriem et citatorum nomina dioeces. eorundem in cedula consimili continentes. And before the end of that century we find it the same with the present form, excepting a very small variation of the 29 words : so, Anno 1396. Vobis etiam, ut supra, injungimus et manda- mus, quod omnibus et singulis venerabilibus fratribus nostris, coepiscopis vestris, vel vicariis hujusmodi, injungatis seu facialis injungi, quod singuli eorum singillatim de facto suo quatenus pertinet ad eosdem, nos seu loca nostra tenentes vel commissarios, dictis die et loco, per literas suas patentes, citatorum nomina continentes, distincte certificent et aperte. The clause at present runs thus : Et pr alter ea vobis, ut supra, injungimus et mandamus, quod omnibus et singulis coepiscopis suffraganeis provincial nostrce Cant, injungatis et injungi facialis, ut singuli eorum 24 The manner of sigillatim de facto suo. quatenus pertinet ad eosdetn, nos sen locnm-tencntem sive commissarium, unum vel plures, dictis die liora et loco, per literas eorum patentes nomina et cognomina omnium et singulorum per eos respective cita- torum continentes, distincte certificent et aperte. The several forms of these two clauses, we see, are only different ways of expressing the selfsame things : and I pro- duce them thus distinctly, that they who have lately acted against the intent and authority of them, may have no oppor- tunity to suggest to their friends, that as they stand in our modern mandates they are not agreeahle to the sense and language of antiquity, i. e. that the denouncing canonical cen- sures against absents, and the returns from the several bi- shops, to inform his grace whose attendance it was that he had a right to require, has not ever been, as now it is, the method 30 and practice of an English convocation. Since the beginning of this controversy, assertions no less groundless have been given out and propagated, and have had their designed effect in misleading many honest and well-meaning men ; which is a warning for the future not to leave room for any misrepresen- tations of that kind, and is also the reason why I take the same method in the explication of the next clause, whereby the lord bishop of London, in particular, is obliged to certify the archbishop that his mandate has been transmitted to the suffragan bishops, and duly executed within his own diocese. The dean In archbishop Peckham's time, anno 1281. Yos autem, vinceVe- 0 " pi^didis die et loco, in forma prozdicta comparentes comite quired to sanitate, certificetis nos per patentes vestras literas quid certify to , ... 7 . . his grace jeceritis de ])ra'missis. the esecu. Anno 1 282. Vos autem, quos tunc pr&sentes adesse volu- ticn of the . « . mandate, mus, nobis rescribatis per vestras literas patentes, harum seriem continentes, qualiter prwsens mandatum nostrum fue- ritis executi. Anno i35t- De die vero receptionis jjr&sentium, et quid Jeceritis ac facere duxeritis in praimissis, nos vel nostros commissarios dictis die et loco certificetis per literas vestras patentes harum seriem et citatorum nomina vestrai London, diozces. in cedula separata, his certificatoriis annectenda, plenarie continentes. Which, after three centuries and a half, continues the same in effect to this day, viz. opening a convocation. 25 De die vero receptionis prcesentium, et quid in prmmissis feceritis, nos aut nostrum in hac parte locum-tenentem sive commissarwm hujusmodi, dictis die hora et loco, debite certijicari curetis per literas harum seriem, una cum nomi- nibus omnium et singulorum [adding the several degrees, episcoporum, &c] in separata schedula Uteris certificatorum ann ectend. comp lectentes. III. According to this precept of the archiepiscopal man- 31 date, it is and always has heen the usage of convocation, for J^g^ the bishop of London to exhibit his certificatorium, or return, vince's cer- to his grace on the first day of its meeting : which being read ^etam™ by some one of the officers of the archbishop's court appointed exhibited, by his grace, certain commissioners are directed to receive the returns of all the other bishops, and the proxies of the persons mentioned therein, i. e. the procuratorial letters of the ^ cathedral and diocesan clergy appearing in person, and the substitutions of proxies made by the absent members, upon • reasonable causes of absence, offered and alleged according to the terms of the mandate. Nor is the commissioner em-Arohbi- powered only to receive, but also to inspect and examine the missioned proxies of both sorts, to see that they be in due form, and the to receive causes alleged for absence fit to be admitted. proxies? 60 ' The proxies, as well of the cathedral and diocesan clergy as > of the absent members, are ordinarily expressed under the common name procuratoria in his grace's appointment or commission ; but sometimes with express reference to the ab- sent clergy. So, Feb. 7. 1452. nec non quorumcunque absentium procuratoria in dicto concilio sive convocatione comparere debentium. Anno 1557. he is required to examine, among other things, causas absentiarinn ; and in 1562 (the first after the Reformation, the acts whereof remain entire) the archbishop's deputation is thus set down at large : Delude dictus reverendissimus pater commisit vices suas Mro. Thomce Yale cance/lario suo, ac Magistro Willelmo Drurie legum doctori, commissario ad facilitates, ad reci-^% piend. certificatoria episcoporum ac ad inspiciend. pro- curatoria quorumcunq absentium, ac causas absentiarum suarum examinand. et approband. Answerable to which the contumacy pronounced immediately upon this inspection and examination is, in the ordinary style of the registers, against 26 T/ic manner of those who did nidlo modo comparer e, that is, neither in per- son nor by proxy : and yet more express in that of 1562. monitos et citatos, ac per se ant procurators suos ido- neos minime comparents. For, Sentence of IV. The certificates and proxies being duly examined, and against the members particularly preconized, the usage has ever been sents, by to pronounce the absents contumacious. Anciently it was the arch- 1 . J bishop or pronounced in the name of the archbishop, by the person com- his com- missioned to receive and inspect the certificates, &c. And in missary. -t ' that case the punishment was reserved to the archbishop, Poena contumaciarum domino reservata : but when his grace pronounced it in person, as he then did sometimes, and con- stantly afterwards, it ran, Pozna sibi reservata, or in words to that effect, i. e. to be inflicted or not inflicted, with strict- ness or with abatements, as he himself should see convenient. The certificates, &c. were exhibited by his grace's appoint- ment, not on a convocation day, but at an intermediate time ; and so the registers, though they constantly make mention of the bishop of London's certificatorium, and his grace's commis- sion to inspect the rest, both these being done in convocation, do yet seldom take notice of the contumacy pronounced, which 33 was out of convocation. But we find the manner of the commis- sioner's proceedings entered at large in the convocation acts of 1432 after the business of the day : Post prandium dicti diet lunai preefatus venerabilis vir magister Thomas Bronus adivit dictam domum capitularem, et ibidem recepit certificatoria episcoporum et procuratoria pradatorum ac cleri et capitido- rum, et receptis certificatoriis hujusmodi, idem magister Tho- mas prozconizari fecit omnes et singidas personas quarum nomina in cedulis singulorum episcoporum certificatoriis an- nexis fuerunt annotata. Quibus sic prazconizatis, idem magis- ter Thomas omnes et singulos ad Mud provinciate concilium citatos, certificatos, et, ut pr&mittitur, pratconizatos, ac nullo modo seu minus legitime comparentes, pronunciavit contu- maces, poena reservata Domino. Et mandavit idem magister Thomas procuratoria hujusmodi custodiri cum deliberatione examinanda, et prout juris fuerit, admittenda seu rejicienda. At other times the archbishop himself pronounced the ab- sents contumacious, at the meeting next after the inspection of the returns and proxies : which indeed, in the natural order of opening a convocation. 27 things, seems to be more regular than the practice that came after and still continues, of the archbishop's pronouncing the contumacy immediately upon his appointment of a commis- sioner to receive the certificates. I cannot affirm, because the registers do not say it, that this The sen- act of his grace and his commissioner was in a written form contumacy from the beginning : but I find one as early as archbishop a wntten . , — . . instrument. Chichley, in the year 1438. Tenor vero decreti sive senten- tial contra absentes, ut prozfertur, sequitur, et est talis, in Dei nomine. Amen. Henricus permissions divina Cantuar. archiepiscopus, totius Angliai primas et apostolical sedis34 legatus, omnes et singulos abbates, priores, decanos ecclesia- rum cathedralium, archidiaconos, custodes et magistros ec- clesiarum collegiatarum, et alios de clero quoscumque ad prazsentem convocationem vocatos, citatos, prazmunitos, et prozconizatos, diuciusque expectatos, ac mdlo modo out non legitime secundum tenorem mandati nostri comparentes, 2)ronunciamus contumaces, poznam contumaciam in omnes et singulos predict, infligend. nobis reservantes : monemus in- super omnes et singulos prafatos contumaces, quod sexto die Octobris prox. futuro omnes et singuli contumaces supradicti compareant coram nobis in loco praisenti poznas contuma- ciarum hujusrnodi auditur. et subitur. completur. et factur. prout justicia suadebit ; et prozsentem convocationem usque in et ad diem prafatum continuamus : monentes insuper omnes et singulos jam prozsentes, ut die prozdicto compareant, et quilibet eorum compareat, coram nobis out nostris in hoc parte commissariis in convocations prozsenti isto eodem loco processur. et visur. factur. et stihitur. quod in conciliis pro- vincialibus faciend. ordinandi, et providend. fuerit, et quod canones et jura suadebunt. But a much older than this is entered in the register of archbishop Courtney, anno 1391. Dominus contra [absentes~\ sub liac forma processit, Nos Will- helmus permissions divina Cantuariensis archiepiscopus canonicam Us et eorum singulis injiigendam nobis seu com- missario nostro quern ad id dn-xerimus deputandum, nihil- ominus specialiter reservantes. Afterwards, the extracts out of the register of the upper house, in 1529, speak of it as a written instrument, referring to the register where it was entered at large : and in 1545, 28 The manner of where the remaining convocation-acts in the province of York begin, the Schedula contra contumaces is set down at length, and said to be then and there read by the commissary : Omnes et singultus personas ecclesiasticas, ad hos diem et locum interessend. in hac sacra convocations vocat. proz- conizat. expectatas et non comparentes, pronunciamus eas et earum quamlibet contumaces, et in pcenam contumaciarum 35 suarum hujusmodi decernimus procedend. fore ad xdterior. ipsorum contumaciis sive absentiis non obstan. Et ulteriorem pcenam contumaciarum suarum hujusmodi per nos imponend. usque ad et in xxvi diem mensis Januarii prox. futurum reservamus in his scriptis. Whatever schedules of contumacy had been from time to time deposited in the registry of the see of Canterbury were burnt in the lire of London, with those of continuation or pro- rogation ; and I find no one entered at large in any acts since the reformation : only, at the opening of convocations the pronouncing it is mentioned, and reference made to the ori- ginal schedule in writing. The register of 1562 mentions it thus : Ac prceterea dictus reverendissimus pater pronuncia- vit omnes et singulos decanos, archidiaconos, capitula ac cleri procuratores, et cwteros quoscunque ad interessend. in hujusmodi sacra synodo sive convocatione monitos et citatos ac per se aut procuratores suos idoneos minime comparentes notorie contumaces; painas contumaciarum suarum hujus- modi usque in prox. sessionem reservand. prout in schedula per eum lecta plenius continetur ; cujus quidem scheduloz ve- rus tenor sequitur in haic verba, in Dei nomine Amen. The present schedule, of the same import with the former, is as follows : JVos, archiepiscopus omnes et singulos de- canos, archidiaconos, capitula et cleri procuratores, ac caite- ros quoscunque ad interessendum nobiscum in hac prcesenti sacra synodo provinciali fyc. legitime et peremptorie monitos et citatos, nec per se nec per procuratores suos idoneos com- parentes, nec ullas causas absentiarum suarum hujusmodi sufficienter allegantes, 2^'onunciamus contumaces, et eorum quemlibet contumacem ; sed p&nas eorum contumaciam usque ad et in diem reservando reservamus. 36 IV. By this sentence, all the absent members fall under the The exe- . cution of guilt of contumacy ; and that rests upon them till they give opening a convocation. 20 satisfaction to his grace, either by their personal appearance, the scn- or the transmitting some such reasonable cause of absence as contumacy- he shall approve. In expectation whereof the canonical p U - sus P ended . . 1 every ses- nishment is usually suspended in aliquem diem competentem s ion by the pro beneplacito ipsius reverendissimi, according to archbishop arcllblsho P- Parker's form ; and the day that is usually fixed by his grace is to that of his continuation. For in the tenor thereof we find this suspension of punishment for absence particularly expressed in our most early acts of convocation. Archiepisco- pus continuavit, Sfc. et decrevit absentes fore expectandos, et ipsos expectavit usque in diem continuavit, §*c. de gratia expectando absentes -fecit continuationem et expectatio- 7iem Here, the expectatio absentium is properly the same suspension of the punishment of absence that has been con- stantly expressed in the schedule of continuation, viz. nec non omnia et singula certificatoria, hactenus introducta et intro- ducenda et non introducta, in eodem statu quo mine sunt, usque ad et in diem continuamus et jworogamus in his scriptis. The certificatoria thus continued are the forcmen- tioned returns made by every bishop to his grace at the open- ing of the convocation, and deposited in the office of the archiepiscopal see : as the continuation of them is a decree, suspending both the preconization of the persons therein re- turned, and the infliction of the punishment that would there- upon belong to the absents. And so, in the year 1554. scss. 5, where it is said that the president continued the convocation to such a day, it is added, Et etiam continuavit certificatoria contra absentes usque ad et.in V. But the declaration of contumacy at the beginning only, 37 as well as the continuation of the returns from time to time, The arch- are purely acts of grace and favour in the archbishop ; who hav^fre- therefore, as the members appeared to be slack in their at- quently ex- crciscd tendance, has solemnly declared them contumacious, and in the their au- several instances actually inflicted the punishment of suspen- *J ont y over » 1 1 the mem- sion in the middle of convocations. Which I the rather ob-bersinthe serve, because I remember, at the meeting of the last, they who contended for a power in the lower house over their own tion. members went upon a groundless distinction, That the arch- bishop's part was only to pronounce contumacy at the begin- ning, and either to execute or take off the sentence at the end 30 The manner of of convocation ; but as to the time between these, i. e. in the whole course of their proceedings, ho had never interposed. Whereas that his original right to require or dispense with their attendance has been frequently, and in several ways, shown and exerted in the middle of convocation ; as, In preco- i . In preconizations and solemn declarations of contumacy : and so- ' °f which sort there are several instances, but none so particu- lemnly de- l ar ly affecting the lower house, or so fully represented under daring con- , . . tumacy. all the circumstances, as that of the convocation in 1562. It began January the 1 ith, and sat till it was prorogued by the queen's writ, April 14th. Between these, on February the 19th, Venerabilis vir magister Thomas Tale legum doctor vicar, in spiritualibus generalis dicti reverendissimi patris, ac commissarius in hac parte specialiter deputatus, in capella 38 beata) Mariai infra ecclesiam cathedralem divi Pauli London scituat. domo, viz. inferiori convocations predict' in pra&- sentia, ut dicebatur, magistri Willelmi Sage, notarii publici, dictai domns inferioris registrarii et actorum scriboz, judicia- liter sedens, legit quandam schedulam contra omnes et sin- gidos decanos, capitula, archidiaconos, et cleri procuratores, ac ca;teros quoscunque in dicta convocations juxta monitio- nem legitimam in hac parte factam non comparentes, ant ab eadem sine licentia, fyc. recedentes. Cnjus quidem schedulai verus tenor sequitur et est talis. In Dei nomine Amen. So also, ann. 1605, the extracts out of the upper house books have this note in the middle of the session : " Nothing of mo- ment more than suspension of contumacious non-comparents, and absolution of some." Again, in the same convocation, ten sessions at least before the conclusion of it, the same extracts, referring to the acts of the upper house, say, " Nothing more than the absolution of Dr. Tooker, dean of Lichfield, and Mr. Robotham, from sus- pension as non-comparents, and the suspension of Dr. Stern, suffragan bishop of Colchester, for not appearing." Ann. 1588. In the convocation whereof there were twenty- two sessions, it is said in the extracts, sess. 19, "Archbishop suspends absents and departers without leave ; particularly the bishop of Lichfield for going without leave." 2. Another effect of the archbishop's power over the mem- bers, in point of attendance, is his giving license to be absent: so, opening a convocation. 31 Ann. 1438, May 10. Dominus continuavit convocationem 39 suam, Sj'C Licentia prius data dictis religiosia recedendi, constitutis per cos certis procuratoribus, prout de facto con- stituerunt, ad interessend. consentiend. et faciend. in ipsa convocations, qxm ipsi facerent si personaliter interes- sent. Ann. 1586, scss. 10. The lower house book: the prolocutor coming from the upper house intimates the continuation et moniti sunt omnes supra-nominati ad tunc ibidem interes- send. Sfc. Mri. Noiuell, Walker, Humfrey, Bysse, Poivell et Say, ex relatione domini prolocutoris isto die fuerunt licen- tiati quoad eorum personalem comparitionem. In the list of the members before the lower house minutes in 1640, at the archdeacon of Canterbury's name I find this note : A bs. ex licentia domini archiepiscopi. So also in the catalogue of the members before the minutes of 1662, at the dean of Sarum's name it is said, Excusatio per licentiarn archiepiscopi. And at the same name in the next list, the bishop of London presiding, Excusatus per episcopum London, ut informatur. With reference to this right in the archbishop to require the presence of all the members during the convocation, we find his dissolution of it anciently expressed by his giving them leave to depart. Ann. 137 1. The bishop of London presiding, procuratorcs religiosorum et cleri ibidem comparentes ad recedendum li- centiavit per decretum. Ann. I 373- Commissarius dictos procuratores ex prozcepto Domini, ut dixit, ad recedendum licentiavit. Ann. 1379- Et tandem idem dominus archiepiscopus dictis prailatis et procuratoribus licentiarn recedendi a dicta con- vocatione dedit, et ipsam convocationem dissolvit. Ann. eod. Et sic idem dominus Cant, archiepiscopus die- 40 tarn convocationem dissolvebat, et legitimam dictis prailatis et procuratoribus cleri licentiarn recedendi a convocatione hujusmodi concessit. Ann. 1400. Reverendissimus pater, 8fc. convocationem prai- dictam et concilium suum provinciale consummavit et dis- solvit, omnibus praibens licentiarn recedendi. 3. His grace's admonitions to the clergy not to depart be- 32 The manner of fore the end of the convocation, is another direct testimony of his power over them in this particular. Ann. 1379, 16 kal. Jan. Et dominus post tractatum hujus- modi moneri fecit ibidem publice procuratores dictorum prce- latorum et cleri, ne quis ipsorum recederet a civitate London, ante dictai convocationis negotium finitum, sub paina amis- sioitis procurationum suarum, et alius multai eis per eum im- ponendce. Ann. 1541, sess. 2. The prolocutor and clergy being in the upper house, Momdt reverendissimus, ut nemo se subduceret a convocations ob ullam causam nisi prius approbatam a se. Ann. 1557, sess. 1. Et moniti sunt tarn patres quam totus cleri chorus ad interessendum in lioc sacro concilio usque ad dissolutionem ejusdem ad singulos actus expediendos. And therefore archbishop Parker, describing the several branches of the prolocutor's office, makes this one : Ejusdem prolocutoris est, etiam monere omnes ne discedant a civitate London, absque licentia reverendissimi. To these admonitions not to depart, I will join a remarkable reproof from the archbishop to the lower house, occasioned by the negligence of the clergy in not duly attending the convo- 41 cation. It is upon their own book in 1588, sess. 12. Dominus prolocutor prceconizari fecit citatos ad comparendum in hac parte, et praiconizatione hujusmodi minime finita, reverendis- simus pater dominus Cant, archiepiscopus, caiterique domini prailati, accersiverunt ad se integrum coztum hujus domus, eosdemque dominos prcelatos adierunt ibique dictus reve- rendissimus pater reprehendit negligentiam sive contumaciam nonnullorum citatorum et monitorum ad comparendum in hac domo et non comparentium, ac expresse affirmavit se velle propter eorum contumacias procedere juxta juris exigentiam, Sec. Et mox omnes supranominati in inferiorem domum proz- dict. reversi sunt, et tunc ibidem finita fuit prceconizatio, ut prafertur, citatorum. The arch- 4. Pursuant to his power of requiring the attendance of the solves' or' meraD ers, with putting the absents under the censure of con- punishes tumacy, and the exercise of that inherent power while the at the con- convocation continues, the archbishop at the conclusion thereof elusion of usually calls for a catalogue of the members who have either not appeared at all, or departed without his special leave ; and opening a convocation. 33 the punishment having been all along reserved to himself, he absolves or punishes them as he sees reason. Upon some occasions the registers particularly mention the pardon of their contumacy as an act of favour in his grace. Ann. 141 7. Dominus omnibus et singulis ad ipsam convo- cationem vocatis, et nullo modo seu minus legitime compa- rentibus, ad rogatum pradatorum et cleri ibidem praisentium, ex sua gratia speciali remisit. Ann. 1 41 9. Dominus, ad petitionem et rogatum confratrum suorum coepiscoporum et aliorum prcelatorum et cleri ibidem praisentium, omnes et singulos ad ipsam convocationem voca- tos, minus legitime seu nullo modo comparentes, pro ilia vice 4 2 duntaxat habuit excusatos. Ann. 1422. Dominus, ad petitionem procuratorum cleri ibidem tunc praisentium, quibuscunque ad dictam convocatio- nem vocatis et nullo modo seu minus legitime comparentibus, ex gratia remisit. At other times, when the non-attendance of the members put him under a necessity of using other methods less mild and gentle, he continued them in a state of contumacy, and proceeded to canonical censures, sometimes reserving the pu- nishment to himself, but frequently declaring the punishment publicly in convocation. Ann. 1356. The first convocation, of the acts whereof we have any accounts remaining, concludes thus : Dominus archi- episcopus omnes citatos ad idem concilium, qui illo die non comparuerunt, ut tenebantur, pronunciaint contumaces, pazna sibi reservata. Ann. 1386. In domo capitulari, idem Dominus Cant, prai- conizari fecit suff raganeos suos, abbates, priores, decanos, archidiaconos, et procuratores cleri, ad eandem convocatio- nem citatos ; et omnes absentes pradatos prozconizatos, et nullo modo comparentes, pronunciavit contumaces ; et in poz- nam contumaciai corundum sequestravit fructus et proventus omnium ecclesiarum eisdem prazlatis vel eorum beneficiis ap- propriatarum. Ann. 1 404. Reverendissimus pater archiepiscopus ad pro- motionem et excitationem cleri praidict. et de consilio et avisamento prazlatorum diozces. Cant, provincial sibi assiden- GIBSON. D 34 The manner of tium et circumsedentium, omnes ac singidos abbates, priores, ac alios quoscunque dicta? Cant, provincial, qui ad compa- rendum in dicta convocatione per loci ordinarios, prout in eorum liquet certificatoriis, citati fuerunt, et non comparen- 43 tes, pronunciavit contumaces, et in poenam contumaciam eorum hujusmodi sequestravit fructus, redditus, et proventus omnium monaster iorum, prioratuwm, et aliorum locorum hujusmodi, et prcesertim exemptionum, et decrevit exinde fieri publicatio- nem in partibus. Et post aliquot dies postea, idem reve- rendissimus pater archiepiscopus scripsit suffraganeis suis pro intimatione hujusmodi sequestri, et pro eodem sequestro custodiendo. Ann. 141 6 we meet with another execution of the same kind : archbishop Chichley directs it to the bishop of London's vicar-general, and reciting how they had been summoned to convocation, and did not obey (nee in dicto concilio persona- liter comparere, aut procuratores sufiicientes, saltern qui cau- sas rationabiles ipsorum absentia} allegare possent aut vellent, mittere curaverunt) he signifies his declaration of their con- tumacy, and the punishment he had inflicted : In poenam con- tumacioz suoz hujusmodi, fructus quoscunque omnium et sin- gularum ecclesiarum non exemptarum personis exemptis et eorum monasteriis ubicunque infra nostram provinciam ap- propriatarum, cujuscunque ordinis existunt, duximus seques- trandos ; prout tenore pra?sentium sequestramus. Alios vero abbates, et priores, ac prozlatos non exemptos, et archidia- conos ab ingressu ecclesice in his scriptis suspendimus Afterwards, we find nineteen absolved from the sentence upon their submission, and an oath taken by every particular person, quod ipse in singulis convocationibus pr&latorum et cleri Cant, provincial de caitero celebrand. juxta vim, formam et effectum citationis sibi fiendce fideliter comparebit, nisi impe- dimento legitime fuerit praipeditus ; et in eventum quod ci- tatus fuerit ad personaliter comparendum, parebit citationi, nisi impedimento legitimo, ut supra, detineatur ; in quo casu mittet unurn ex confratribus suis cum sufficienti procuratorio 44 tarn ad allegand. causas absentioz suai et eas proband, quam ad comparend. nomine suo in convocationibus hujusmodi, nec non Mis quai ibi fieri, statui, concedi, vel ordinari contigerit, consentiend. ibique durantibus convocationibus hujusmodi re- opening a convocation. 35 mansurum, nisi abinde recedendi licentiam obtinere valeat specialem. Ann. 1428. Dominus, ex assensu confratrum suorum, pro eo quod complures abbates, et prailati ac alii religiosi qui in convocatione debuerant comparere nulla modo comparuerunt, ipsos omnes non comparentes pronunciavit contumaces, poena sibi reservata. Ann. 1437, May 14. Dominus omnes citatos ad dictum provinciate concilium nullo modo vel juxta tenorem mandati non comparentes, pronunciavit contumaces Monemus in- super omnes et singulos contumaces quod sexto die Octobris compareant coram nobis in loco prcesenti, poznas contu- maciam™ hujusmodi audituri et subitum, fy-c. prout justitia suadebit. At the conclusion of another meeting of the same year. Dominus omnes et singulos ad hujusmodi convocationem le- gitime citatos, ac non comparentes, juxta tenorem mandati eis in hac parte facti, pronunciavit contumaces, posna sibi reservata. Ann. 154 1, sess. 15, before a prorogation, Dom. Cox [the archbishop's commissary] omnes prcelatos non comparentes seu non licentiatos suspendebat a celebratione divinorum et in- gressu ecclesim. The prailati were the lower house members, the dignitaries at least, who under that style are commanded to retire and choose a prolocutor in the convocation that im- mediately precedes. Ann. 1586, Dec. 2, in the extracts out of the registers of the upper house it is said in short, upon a prorogation, " Non- comparents, contumacious, suspended." And before the disso- lution, " Suspension of absents, or departers without leave." Ann. 1 60 1, in the same extracts, we meet with the like 45 hint, immediately before the dissolution " Contumacious sus- pended." Of which act we have a full and particular account in the lower house journal, sess. 14, Mar. 24: — That the prolocutor, according to custom, might be able to lay before his grace a schedule of the absents in the lower house, de mandato domini prolocutoris facta fait publica prozconizatio omnium citato- rum ad comparend. in hac domo, juxta consuetudinem alias usitatam, et juxta tenores mandatorum et certificatoriorum d % 36 The manner of alias respective coram ipso reverendissimo patre domino Cant, archiep. fyc. exliibitorum et introductorum : the pro- locutor and the whole house being immediately sent for, reve- rendissimus querelatus est de incuria, negligentia et contu- macia citatorum, §'c. et non comparentium fyc. et tunc, porrecta sibi schedula suspensions, una cum schedula conti- nente nomina et cognomina contumaciter absentium ab hac sacra st/nodo, idem reverendissimus eos omnes et singulos in hujusmodi schedula nominatos, a celebratione divinorum et omnimodo exercitio ecclesiastics jurisdictionis suspendit ; prout in ipsa schedula penes registrarium ipsius reverendis- simi quoad superiorem domum remanen. continetur. The sub- These therefore, in short, are the grounds which give the the argu- archbishop an undoubted power over the members of the lower ments for house exclusive of the bouse itself. It is an inherent right of the arch- . ..... bishop's the see to require the attendance of the inferior clergy in his the^mem^ P rovmc i a l convocation ; and a right to require attendance in- bers. eludes and supposes a power of enforcing it when required : that right has been ever exercised, and this coercive power expressed, in the archiepiscopal mandate or summons : the re- 46 turns of the persons summoned are made immediately to him, that he may know upon whom the obligation of attending lays, and also rest ultimately with him, as a testimony of his right to such attendance during the convocation : his summons being not simply to appear before him, but with the addition of such further days as he shall see convenient, cum continuations dierum prout convenit. According to the several returns, it has ever been the custom, at the opening of the convocation, to call over all the members, and to pronounce the absents contumacious. In the course of them proceedings his grace, as presiding in person over the whole body, has either sus- pended the punishment from time to time, or inflicted it upon particular persons as he saw occasion ; sometimes, when busi- ness of great moment was imder consideration, giving general admonitions not to depart before the conclusion ; at other times, licensing particular members to go away upon reason- able causes alleged and approved, and at the end, either by way of grace remitting the penalties threatened, or confirming them by a formal execution. The claim £s\\ these belonging to the archbishop, and to him alone, ot the lower 1 opening a convocation. 37 upon the foundation of law and practice, it has been wondered house to a how his power over the inferior clergy in point of attendance p 0 ^ er coa . could be made a question ; especially when those of the lower fated. house, who claim a concurrent right (though some of the de- parters acted the last session as if it had been solely in that house), do not pretend any coercive power over their own members : and yet I take a right to grant leave to suppose a right of refusing it ; and a right to refuse, without an enforcing power in case the member depart, to be somewhat singular both in law and reason. Suppose one or more members to be 47 necessary to some purposes depending in convocation, neither ] 10Uge nave the prolocutor nor the lower house can oblige him to come up n0 coercive ....... power over or attend longer ; nor have they any way to bring him thither their mem- or to keep him there but by application to the archbishop, in bers * whom the coercive power rests, and by his grace's admonition and censure in case he >v ill not readily comply. So that what the Narrative means in saying that they have a power of de- Ar arr .p. 49 . man ding the attendance of their members 3 , I am yet to learn ; because, as I understand the word, all power of demanding necessarily supposes a right in law to prosecute upon refusal ; and they have not aimed at the proof of such a right in them- selves, though they could not but see the necessity of clearing that point before their way could be made to the other. I know, they observe in another place, that the prolocutor iVarr.p.34. has a power b to reserve the punishment (meaning the punish- i 0 cutor°re- ment of contumacy pronounced against the absents) as well as se JJ ea P u - . ° . mshment the archbishop, in whose schedule it is always, immediately only in the after the sentence, added, poena sibi reservata. \P02na sibi^^ reservata is not the express language of the present schedule, but sufficiently appears to be the meaning of it, both from the a We deny not that his grace has, but we must add that we have like- wise, a power of demanding the attendance of our members. If therefore either the archbishop or the lower house give a leave of absence, it is of course to be interpreted so far only as the claim of them that give it is concerned. So that the member is not perfectly at liberty without leave from both. — Narrative, p. 49. b We are well assured that the prolocutor in both these cases has power by virtue of his office : not reserving in the first instance the punishment to himself, according to their lordships' construction of reservata poena, but reserving the punishment for a synodical act, which the words, we conceive, will bear as well. — Narrative, p. 34. 38 The manner of frequent mention in the registers of such reservations to the archbishop singly, and the no less frequent inflictions of such canonical punishment upon the lower clergy ; and that by the president without any interposition or concurrence of the bi- shops or clergy.] And it is easy to imagine how the person upon whose sentence the guilt is contracted, reserves the exe- cution of that sentence in his power ; but how a man can sus- pend the infliction of the punishment who had no part in pro- nouncing the guilt (which is the prolocutor's case), is not so Narr.-p.34. easily comprehended. They say indeed (to avoid this absurdity, I suppose), that they do not mean reserving in the first in- stance the punishment to himself, according to their lordships' construction of reservata pozna ; but reserving the punishment for a synodical act, which the words, they conceive, will bear as well. But before they induce others to conceive so, it will 48 be necessary to show in what instance any one member of their house was ever punished for absence by a synodical act, or any other way than by a sentence of suspension solemnly pro- nounced by his grace, of whose authority in summoning a convocation their absence is a contempt : and the punishment can certainly be reserved to no other power than that which has always finally inflicted it. Accordingly, in the very first place where that journal speaks of the prolocutor's reserving the punishment, it expressly mentions it as done by the direc- tion of his grace. Anno 1586, sess. 1, the prolocutor and the whole house being called up, Reverendissimus pater dominus Cant, archiepiscopus, ob paucitatem comparentium, Sfc. inti- mavit domino prolocutori absentes ob eorum contumacias suspendend. fore debere, fyc. Upon this they go back, and having called over the house, dominus pronunciavit eos et eorum quemlibet contumaces, Sfc, reservata eorum pozna in diem Mercurii, the day to which the archbishop's schedule had continued the convocation and suspended the certificates. Sess. 2, 3, 4. The contumacy not being yet pronounced by the archbishop, the prolocutor, after coming, in every instance, from the upper house, and his delivery of other messages from thence to the lower, reserves the punishment ; in the same sense that after the continuation intimated from the schedule, he in virtue thereof admonishes all the members to be present at the day, according to archbishop Parker's description of the opening a convocation. 39 office : Ejusdem prolocutoris est monere omnes ne discedant Forma con. civitate London, absque licentia reverend issimi ; quodque statutis diebus tempestive veniant ad convocationem. Which shows the meaning of an expression in the form whereby arch- bishop Bancroft suspends three members of the lower house 49 for departing without leave : Cum nos, fyc. omnes et singidos Bancr. re- alios decanos, fyc. et alios quoscunque in dicta convocatione slster ' comparentes, et ab eadem sine licentia nostra in ea parte obtenta recedentes, aut mandatis nostris licitis vel prolocu- toris dictai convocations minime obtemperantes, pronuncia- verimus contumaces, fyc. Here the mandatum prolocutoris can signify nothing but the admonition to attend regularly at the day appointed by the archbishop, given always by the pro- locutor, in pursuance of the intimation thereof from his grace's schedule, Monuitque omnes, Sfc. ad interessend. a clause, that the actuary of the lower house in the last convocation ought not to have added to the adjournments to intermediate days as well as others, because he knew that the archbishop had declared against their meeting on those days ; and it is plain from hence that no authority but that of his grace can war- rant such an admonition. But as to the leave to depart, and the place of application, The prolo- in these, we see, the forecited passage directs us solely to the give^o* 11 archbishop ; whose license either immediate, or by the prolo- leave but cutor, the conveyer 01 his grace s pleasure to the house in all e red by the other particulars, is absolutely necessary. In 1586, sess. 10, P re91tlent - after the admonition to be present according to his grace's schedule, the Journal, as I observed before, mentions five, who ex relatione domini prolocutoris isto die fuerunt licentiati quoad eorum personalem comparitionem. And, not to omit the smallest objection, this teaches us how to interpret that short hint which is in the list before the minutes of 1 640, over against the name of one of the proctors for Glocester diocese, ^ Q venia Mri. prolocutor, ratione mortis filii. In other parts of that catalogue we find the archbishop's leave in such cases directly v. Supr. expressed ; and in this, the lower house will as little own as his grace, that the prolocutor could give it by his own authority. For when in the Narrative they assert a power of giving leave Narr.y.49, concurrent with that of his grace, they do not make the prolo- cutor, but the house, the subject of that power : " If either the 40 The manner of archbishop or the lower house give a leave of absence, it is of course to be interpreted so far only as the claim of them that give it is concerned : so that the member is not perfectly at liberty without leave from both." How groundless this notion is, I have proved at large ; but it shows however, that in their sense the venia prolocutoris can be no more than a declaration of leave given by another : and nothing but a resolution to be obstinate can make it suggested that this other must be the house (which before the last convocation does not once appear to have interposed directly or indirectly in that matter) and not the archbishop, who as he has been proved to have the legal right to give leave, and to have frequently done it in person, so the prolocutor's is the hand whereby he conveys all his mes- sages to the lower house, and by whose relation, as we are sure from an exact journal of their own, five of the members were formerly licensed to depart. The But be the claim of such a power in the house as groundless pracHcesTof an( l unprecedented as it will, it is in fact certain, that it was the last openly and frequently exercised by the majority of the last lower house 1 J * J in giving lower clergy. — Sess. 7. Et tunc venerabiles vim subsequentes absent°and pvtwrunt Ucentiam sese absentandi ab hac domo ; cui con- admitting sensum fait ab hac domo. — Sess. 13. "Two persons desired 11 ° X leave to go into the country." Sess. 20. "Mr. Archdeacon desired leave to go into the country to hold his visitation." In the twenty-fourth session, another member asked the same favour ; as in the twenty-seventh, not only leave for absence was desired, but also that a proxy might be admitted, which the following chapter will show to be equally out of the power of the lower house. m CHAPTER III. A— No power in the lower house to admit or deny proxies. The lower It is upon the supposition of a power in the house to admit house have or f | e proxies, that they build their claim of a right to give no power to J 1 •> . admit or or deny leave. So the Narrative represents it ; " But the proxies. power of the lower house to admit or deny proxies, which has A^drr.p.50. been always exercised, and never disputed, what else is it but a power of giving or denying leave to be absent V It was wisely opening a convocation. 41 done, to obtrude this doctrine upon the reader as a self-evident truth, because particular proofs of it were not to be had either from law or practice. We have already explained how at the opening of the convocation the archbishop appoints a commis- sioner to inspect and receive proxies of all kinds, and to judge of the fitness of the person substituted ; to examine the causes of absence, and to admit or reject the several excuses for non- attendance ; those, I mean, that are then offered in pursuance of the clause in his grace's mandate, which declares that none shall be excused, nisi ex causa necessaria tunc ibidem alle- ganda et probanda ac per nos approbanda. This summons to appear on a certain day, cum continuatione dierum prout convenit, is not satisfied by a personal attendance at the opening, but evidently extends to the whole time of his grace's continuing, and the convocation's sitting thereupon. There is therefore the same obligation in law not to depart in the 53 middle without the archbishop's approbation of the cause, as not to be absent at the beginning without sending it up and laying it before his grace or his commissioner : and, on the other hand, if his grace's approbation of the cause be of itself a legal and entire discharge from attending at all, why is it not a sufficient warrant to depart before the attendance be entirely paid ? Agreeable to the law of convocation, the practice has been, Proxies as to apply to the president for leave to depart and substitute J° d s ed ™ th 1 1 » 1 m 1 the register a proxy, so to enter proxies of that kind in the register of the of the upper upper house. To which purpose the extracts out of the upper house '- house books anno 1541 conclude with the following note; "Memorandum : in fine libri inseruntur constitutions et sub- stitutiones in convocation praidicta ex licentia reverendis- simi ; ubi habentur scripta diversarum absolutionum eorum qui absentes erant." In that of 1640, the catalogue whereof at the beginning is the chief light we have of this kind, frequent mention is made of archdeacons appearing by proxies, with the name of the persons substituted by them. Mr. Wade was then register of the upper house, and in the list before the minutes of the lower house, we find it often added over against the names of absent members, Wade habet procuratorium : and W. (for brevity's sake) habet procuratorium : as the me- morandum entered at the archdeacon of Derby's name is 42 The manner of remarkable to the present purpose ; Comparuit per prol. Mr. prol. habuit procuratorium et exhibuit Mro. W. But there are entries of this kind yet more distinct in the catalogue before Mr. Mundy's minutes of 1 66 1 , where the actuary of the lower house notes thus : 54 Archidiaconus Col. constitute dom. Porey ejus procurato- rem, et reliquit procuratorium penes registrum. Archidiaconus Wellen. constitute magistrum Franklin S. T. P. in procuratorem; et reliquit procuratorium penes registrum. Archidiaconus Huntingdon comparuit, et constitute Do. Layfield ejus procuratorem ; et reliquit procuratorium penes registrum. The enter- It is true several of the proxies we meet with in the upper proxies in house-book of 1 640 are likewise taken notice of in the catalogue the lower ^ before the minutes of the lower : and the reason is obvious ; no argu- because they were to be produced and exhibited there, when- their right ever house were occasionally to divide upon any point, to admit Others also are set down in the minute-book, without any mention of them in the register ; because his grace's leave is frequently given in the intervals of sessions, and may not there- fore directly come to the notice of the upper house register, but cannot escape the knowledge of the actuary in the lower, where the proxy left behind is to be considered upon all divisions. But that the receiving of proxies exhibited belongs properly and solely to the register in the upper house, appears from these three remarkable circumstances : i . That by archbishop Whitgift's table, he alone has a right to the fee assigned for exhibiting such proxies. 2. That this fee is constantly paid to him, and none to the actuary of the lower house. 3. That 55 when the actuary either receives an instrument of proxy or the fee of exhibiting it, the instrument is always delivered, and the fee accounted for, to the register of the upper house. Nor was it material in which book the entry was made, so long as the member had the president's leave to depart and substitute ; the notaries of each house being equally under the jurisdiction of the archbishop and members of his court : as the books themselves at the end of every convocation are equally deposited in the registry of his see. For that the actuary of J opening a convocation. 43 the lower, as well as the register of the upper, is properly the The actuary president's officer, cannot be denied, when the very original l °™ er table of fees for the vicar-general's office, established by arch- officer of bishop Whitgift, appoints among the rest feoda actuario bishop. " domus inferioris convocationis solvenda. According to which table, the fees of the lower, as well as the upper house, are demanded and paid ; and a copy of that table, so far as it con- cerns the convocation, is entered at the beginning of the act- books of each. And so I find in 1640, that he in whose book the proxy was first entered commonly received the whole fees, and the other only entered a memorandum that they were paid (sol. Wade 7.9. Sd. or Js. ^d. is the usual note in the minutes), because they were the fees of the same court, and the respective proportions were assigned by the same authority. Add to this what we meet with in their own accurate journal of 1586, sess. ult., where the notary having observed his grace's suspension of the absents, says, prout in ipsa schedula, penes registrarium ipsius reverendissimi patris quoad superiorem 56 domum remanen. continetur ; which surely can imply no less than that the president had a like officer also in inferiore domo. That therefore the names of proxies appear upon the journal of the lower house, shows no more than that it is fit that sub- stitutions made by the president's authority should be recorded by an officer of his own, and then deposited in the registry of his see. But the bare bringing in and exhibiting of proxies, or even the lodging the instruments in the actuary's hand, is far from proving a right in the house to admit them : for that must include a power of denying ; and as we have shown that the president has frecpiently licensed members of their house to go away upon substitutions, so it lays upon them to produce any such instance attended with the least mark either of the mem- bers' asking their concurrent leave, or of any doubt or scruple whether those members should depart, or their proxies be ad- mitted. What they claim in this case is a negative upon the president ; but what can support that claim besides such testi- monies of denial or scruple, I cannot see. There is, I confess, a clause in the lower house journal of 1586, sess. 3, that seems at first sight to imply a concurrent power with the president in this business of proxies : Et tunc 44 The manner of ego notarius antedictus [i. e. Tho. Barker, actuary of the lower house] ex mandato doniini prolocutoris, monui omnes isto die comparentes ad exhibend. et introducend. procuratoria, si quai habeant, ad comparend. pro absentibus citatis ad com- 5 7 parend. in hac sacra synodo prox. sessione. That the prolo- cutor could give this admonition by his own authority, is incon- sistent with their claim in behalf of the house ; the power whereof would doubtless be contended for upon this precedent, were we not sure that what he did was by order of the arch- bishop. At their first meeting after a prorogation the presi- dent intimates to the prolocutor the offence he took at the thinness of the house, and his resolution to proceed against the absents. Sess. 3. we find this note in the Extracts out of the upper house books, "Archbishop orders all proxies of the lower house to be brought in :" and in the very same session it is that the prolocutor admonishes all ad exhibend. et introdu- cend. procuratoria. From these accounts, and these are all I can meet with in the registers, it appears that the president, as in law so in practice also, hath the sole right to admit or deny proxies ; and their giving leave for absence being grounded upon the supposition of a concurrent power in the lower house to admit The late proxies, these two claims must of course fall together. But, ties^'this * na * some ^ a * e practices may not grow into precedents, it seems business of to be a necessary inquiry, and I hope they who are concerned proxies. w m make it in time, how the instances recorded in the acts of the late lower house are to be reconciled to the constitution or usage of an English convocation. Sess. 16, May 5. Et postea Georgius Fulham S.T.P. ex- hibuit procuratorium speciale sub manu et sigillo Thomo3 Sayer S.T.P. archidiaconi archidiaconatus Surrioz, conce- dens potestatem dicto Georgio Fulham, nec non Samueli Palmer, comparendi pro eo in convocatione hac die. Quod Domini admiserunt. 58 Sess. 27, Jan. 23. "Mr. Bridges prayed his proxy might be admitted." Add to these the orders they took upon them to make in relation to proxies, as within their own power and cognizance. Sess. 7. Et tunc mota quaistione de numero procuratoriorum per quodlibet membrum in hac domo exhibendorum, decre- opening a convocation. 45 verunt nemini licitum esse, de ccetero, ultra numerum trium in hujusmodi domo exhibere. Sess. 8. Decreverunt et declararunt, " That the proctors for the clergy may make proxies, pursuant to the former practice of this house, though such proctors have not appeared personally." Which former practice, I fear, consists not of above one in- stance ; and yet even that is more than they have, to warrant this interposing in the regulation of proxies. In the extracts out of the upper house books, anno 1 584, we meet with an order, " That none be hereafter proxy for a dean or arch- deacon but one of the lower house ;" and a question moved at ' the same time, " Whether fit that a clean or archdeacon of the lower house should be clerk of the convocation." In the lower house books we likewise find orders made for preserving de- cency and regularity in their own debates, Dec. 2, 1640, and May 22, 1661. But that they have in any one instance before the last convocation undertaken to give leave for absence, or to admit proxies, or to interpose in any kind about the at- tendance of members, is more than I have yet been able to discover. For I cannot think that those substitutions in the 59 first of cpieen Mary, and the order then passed for a liberty to choose any members of the two universities to sit with them in convocation, will be regarded in the present case ; especially when the business of that convocation was under the imme- diate direction of the court, and acted in some respects by commission from thence, and when the want of the upper house register leaves it uncertain whether these appointments, as all others of that kind have done, came not originally from thence. If it be said, as it was by some at the beginning, that though The addi- the additional leave of the house be not necessary, it can how- o^ehouse ever do no harm, it may be remembered, that in the eye of an invasion the law no kind of possession is so tender as that of jurisdic- sident'sau- tion, nor any invasions so strictly forbidden as the unwar- tnorit y- rantable exercise of another's authority. And every good man will concur with the laws in a more than ordinary zeal for the preservation of an authority that has been always enjoyed by his predecessors, of which he is not the proprietor, but rather the guardian ; of a thing not at his own disposal, but that 46 The manner of which he is bound in conscience to transmit entire to posterity. And when the same laws have moreover vested in him a co- ercive power, sufficient to defend that jurisdiction, he must be excused, when men will not be otherwise kept within their proper bounds, if he be forced into a resolution not to lose the one for want of using the other. 60 The members who departed silently without leave, either from his grace or their own house, might presume upon the known tenderness of the president, and the improbability of any such business as might make their further attendance ser- viceable to the church. But the asking leave of the house, especially in those who departed upon that without attending on his grace, was a plain and open contempt, which nothing but a very great degree of goodness and clemency could have overlooked. In that, even their own principles forsake them ; Narr. p.49. which, with a power in the house to give leave, assert the necessity of having the president's too. Thus have I considered at large the power of the president to require the attendance of the inferior clergy in convocation ; who therefore, when their privileges were either endangered or actually invaded, have applied to the upper house as the known guardians thereof. In the year i486, Feb. 17, I find the prolocutor making his request in form, that the clergy may enjoy their ancient privileges: Et petitum erat per prce- fatum prolocutorem, ut prcelati et clerus ad convocationem evocati, suis gaudeant antiquis privilegiis et libertate. Cui reverendissimus pater respondebat, quod in quantum poterit, voluit ea observari. In the same manner, at the opening of the convocation, ann. 1.488, Mr. Hwmjridus ojjicium \_prolocu- toris] in se assumens, humiliter petiit ut sancta mater eccle- sia, ac eorum clerus, ad dictam convocationem congregatus, suis juribus, immunitatibus, et privilegiis hactenus sibi in- dultis gaudere possint. 61 But more near and direct to the point in hand are the ap- plications of the lower clergy to the upper house, upon inter- ruptions in their attendance, praying protection according to the statute 8 Hen. VI. c. 1 , which gives them a freedom from arrests, &c. equal with the members of parliament. Anno 1603. The prolocutor had two subpoenas served upon him: he complained to the president (sess. 19), and care was opening a convocation. 47 taken to have one of the offenders arrested in a legal way ; and then being convened before the bishops, he was sent down to beg pardon of the prolocutor and lower house, as the other was brought upon his knees in the upper house. Anno 1634, M a y The extracts out of the upper house register have this note : "A petitory letter to the bishop of Lincoln, lord keeper, to supersede a subpoena served upon Mr. Murrel, archdeacon of Norfolk, by reason of his privilege of convocation." Anno 1640, sess. 13, May 18. Prolocutor querelatus est breve de subpoena e curia scaccarii esse executum in doctorem Burgis archidiaconum Roffen. et petiit privilegium convoca- tionis. Unde reverendissimus pater dominus archiepiscopus voluit ipsum prolocutoreyn cum consensu domus inferioris ad concipiendum actum quid eis in hoc negotio expedire vide- bitur, et ad transmittendum istum actum ad hanc domum superiorem, ut ipse et confratres sui de eodem considerent. The only observation I shall make upon these instances is, 62 that the honourable house of commons, having a power to re- quire the attendance of their members, and to protect them in it, are known to make no applications of this kind ; nor would there have been occasion for them in the lower house of con- vocation, if the members thereof had a separate right in them- selves to take cognizance of these matters. CHAPTER IV. 63 The election and office of a prolocutor. While the archbishop, bishops, and clergy were used to debate in a body, the clergy, upon any emergency that required separate consultation, were directed to retire for that end. The result of their debates was to be reported above ; and that made it necessary to fix upon some one of the members to represent the opinions or resolutions of the rest ; the whole body being all the while present, and he only distinguished by speaking in their name. From thence he had the style of prolocutor and organum cleri ; and, from his relating to the president and bishops the effect of their debates, that of refe- rendarius. 48 The election and office Prolocu- i . At first they were chosen only for particular occasions ; tors at first » .1 ■> • n i 1 i» j» ix. . j ■ ' ■ chosen only * or these being over, we find no marks ot a farther design m upon some the choice, or a longer continuance in the office. single occa- , . m , , . , sion. Anno 1394. reb. 17. Ihe clergy present their grant to the upper house, per venerabilem virum magistrum Johannem Barnet, offic. curiae Cant, ad hoc specialiter electum. Anno 1399, Oct. 13. Dominus archiepiscopus misit pro ce- teris prailatis et procuratoribus cleri quod venirent de domo capitulari ad capellam beatai Maria? coram eo et dictis 64 mffraganeis suis, gravamina, siqum haberent, de et super quibus pra'tendebant se gravatos, ac reformanda si qum sci- re at, proposituri. Quibus ad dictam capellam venientibus, surrexit quidam venerabilis vir Mr. Johannes Maydenhetli nomine cleri provincial antedictaz, et certos articulos ex parte cleri provincial, antedictai conceptos et quamplurima grava- mina continentes perlegebat. Anno 1400, Nov. 10. The archbishop calls for the articles of the clergy ; and ex eorum communi consensu per maims venerabilis viri Mri. Roberti Hallum archid. Cant, dictos articulos in scripta redactos coram dicto reverendissimo pa- tre et suffraganeis suis unanimiter produxerunt. Anno 1408. The opinion of the clergy having been re- quired, ipsi de clero eodem, nomine et vice suis, per vene- rabilem virum magistrum Henricum Ware officialem curiae Cant, in legibus licentiatum, prcefatis majoribus prailatis, $c. Three years after, anno 141 1, Dec. 7, we find mention made of two prolocutors representing the clergy in the same business and at the same time : Archiepiscopo cum confratribus suis in domo capitulari congregatis, venerabilis vir magister Henricus Ware curiai Cant, officialis et Philippus Morgan utriusque juris doctor, nonnullas inconvenierJias et grava- mina pro et ex parte cleri, cujus gerebant organa vocis, ex- posuenmt, quai in scriptis redacta exhibuerunt. And not only the lower clergy in general, bu* the proctors of the religious houses in particular, are said to offer their resolutions per prolocutorem ; the name, as well as the extent 65 of the office, agreeing equally to any person representing the sense of a body Anno 1437, May 10. Concesserunt iidem religiosi Sec. sub certis modis et formis, in quadam cedula, of a prolocu tor. 49 per abbatem Oloucestria' prolocutorem ipsorum religiosorwm porrecta, content. II. The first instance we meet with of a prolocutor regu- when the larly chosen at the beeinnino; of the convocation, was that of P roloc " t6w » ° ~ . were chosen William Lyndewood the famous canonist : the manner of which at the be- election is thus represented in the register : convoca- 0 ' Anno 1425. April 24. Reverendissimus pater causas con- f on. vocationis sum exposuit et explanavit. Quibus expositis, decani, archidiacoui, et procuratores capitulorum et cleri, de mandato dicti reverendissimi patris traxerunt se in domum inferiorem sub domo prcedicta capitulari, ut de hujusmodi causis tractarent, et unum referendarium sive prolocutorem ex seipsis eligerent, qui vice eorum omnium et singulorum causas exponeret et responsa. Qui in domum prmdict. se recolligentes, mag. Willelmum Lyndewode, utriusque juris doctorem, officialem curia; de arcubus, in referendarium et prolocutorem hujusmodi elegerunt. After this we meet with several persons in several convo- cations exercising the original office of a prolocutor ; that is, occasionally reporting the answers and desires of the lower clergy to the archbishop and bishops: Anno 1433. Nov. 12. Reverendissimus, fyc. fecit ad se vocari clerum provinciai sua} antedictce. Quo clero comparente, dictus reverendissimus pater interrogavit venerabilem virum mag. Thomam Be- kyngton, prolocutorem cleri, si clerus communicasset et con- clusisset super istis punctis sive dubiis Anno 1438. Idem 66 clerus per magistrum Thomam prolocutorem suum de contri- buendo ad expensas transmittendorum ad concilium petiit et dictis dominis supplicavit humiliter excusari. Ann. eod. They make another excuse from a subsidy per magistrum Johannem Ly ndefeld suum prolocutorem. Anno 1439. Richardus Andrevj, curiae Cant. offi.cialis, though not chosen at the first, is mentioned four times as doing the office of a prolocutor, viz. reading their schedules in the presence of the archbishop and bishops, and laying before them the petitions of the clergy. The same things that we find John Byconil, the archbishop's official, executing under that style in the year 1444. All these executed the office ; but after Lyndewood we meet with no regular choice before the year 1452, when the arch- GIBSON. E .50 The election and office bishop, as in that other instance, explained to them the causes of the convocation, and then commanded them to retire to their house and choose a prolocutor. But as that is the very first The first instance of choosing, so is this of presenting him : Egregi- presentinga umque virion in prolocutorem cleri, ut prcemittitur, electum prolocutor, reverend is simo patri, reverend isque jxitribus pra>sentando. He declined the office, usque adeo quod dictus reverendissimus pater sibi in virtute obedien tial praidictum onus ut assumeret, injunxit. Quo audito dictus electus, fyc. onus hujusmodi in se nolens volens assumpsit. So again, Anno 1460, we meet with the same circumstances : Reve- rendissimus demandavit omnibus de inferiori domo, quod illuc accederent, et prolocutor em eligerent. They chose the arch- bishop's official, ac ipsum (ut moris est) coram archiepiscopo 67 et aliis confratribus et preelatis praisentabant Tandem, ad mandatum dicti reverendissimi patris, hujusmodi onus in se suscepit. The next convocation opens with the choice of a prolocutor under all the foregoing circumstances ; only, instead of the obligation to accept it, laid upon the other two by the arch- Thead- bishop, it is said, Quam prcesentationem dominus admisit ; crafirma" as m some of the convocations that follow, the style is admisit tion of a e i acceptavit ; and yet nearer to our own times, approbavit et prolocutor . by the pre- confirmavit, de consensu confratrum : which consent is gene- bishops ntl ra % expressed or at least implied, in that he is said to be presented to both president and bishops, from the first instance of confirmation in 1452. By these degrees we are come to the very method of choosing and confirming, which archbishop Parker lays down as an established custom in his time, and is the standing rule at this day. Reverendissimus solet eosdem ex inferiori domo monere atque hortari, ut statim se conferant in dictam inferiorem domum, ibique de viro doctoj^io et fideU in pro- locutorem suum assumendo consultdntes unanimiter consen- tiant et eligant, sicque electum ipsi reverendissimo in eadem domo capitulari prox. insequen. sessione, debita cum solemp- nitate praisentent. And when they come to present him, Reverendissimus, fyc. ipsam electionem sua archiepiscopali auctoritate e.rpresse confirm a re et approbave non dedigna- bitur. of a prolocutor. 51 III. The office also of a prolocutor, with the end of its insti-The office tution, are exactly described by the same archbishop, according cutor . to the constant usage of the times before him. — Quoniam, si in rerum tractandarum serie unusquisque ex inferiori domo suam ipse sententiam, quoties visum esset, diceret, aut si omnes aut plures simul loquerentur, pareret coufusionem, 68 igitur semper hactenus observation fait, ut units aliquis doctus et disertus ex gremio dicta; inferioris domus in eorum omnium locum ad hoc munus assumatur, ut is intellectis et scrutatis cwterorum omnium votis tanquam unum eorum omnium os et organum loquatur, et consonant eorum senten- tiam eidem reverendissimo, cum ad hoc rogatus seu missus fuerit, ceteris silentibus.Jideliter referat. Qui ex hoc munere referendarius sive proloquutor commuhiter denominatur. This, Theimme- as we have shown, and the name implies, was the immediate ^^p^' end of making it an office in convocation, viz. the reporting the their an- • swcrs* resolutions of the clergy to the archbishop and bishops, by whom they were directed, as occasion required, to confer about particular matters and return their answers thereupon. While therefore the clergy's ordinary place in convocation was the chapter-house, the same wherein the bishops also sat, they came back thither in a body, and the prolocutor, styled by them organum cleri and vocis sua; organum, had no more to do but to deliver the general sense of the clergy in the pre- sence of all the rest. And in this united state, whatever directions the president and bishops had to deliver to the clergy, were given immediately to the whole body. But as the debates grew by degrees more separate, and they also had a title to send up their opinions and resolutions by the person whom upon the archbishop's special order they had chosen, and his grace had confirmed and allowed to be their standing The bring- prolocutor, this of course drew on a new addition to that office, ™| ^ ck the reporting to the lower house the commands and admonitions structions of the upper. Which branch, omitted by archbishop Parker °f d ^ arid in his Form of a Convocation, when he had only the original bishops, institution in his eye, is afterwards mentioned in his speech, 69 an. I57 2 - Q u ^ \_prolocutor~\ vestra nobis desideria, nostraque vobis vicissim monita, exponat atque referat. He conveys to the bishop the petitions and opinions of their clergy, and carries back to the clergy the advice and direction of their bishops ; E 2 52 The election and office and so by this office the inconveniences of debating together are avoided, and vet the synod remains in effect as united as ever. Again, as canons and other ecclesiastical affairs 0 , which before had been no where considered but in a synod of bishops, came to be passed and framed in convocation, the business of the lower clergy, as well as of the bishops, increased, and upon both these accounts the retirements of the clergy became more frecpaent ; till at last, preserving the same union they had ever done as to the matter and method of their business and debates, as to the place thereof they became wholly separated. And, being now removed from the immediate government of the president as moderating the debates of the whole body, this H |' °th~ bought on ^ ne necess ity of a standing moderator in the debates debafes. of the lower house, whom the foresaid archbishop describes in the office of a prolocutor, Qui et vestras disceptationes, ne aut longius producantur, aut acrius vehement hi sque tractentur, temperet. The prolo- This being a true state of the office and institution of a pro- suppiies the locutor, it is strange how that fancy of making the prolocutor president's a president by his own authority in the lower house could enter into the thoughts of any one who had ever looked into our acts of convocation. The several branches of this office, it is plain, are only executions of what the president formerly did 70 in person, and now does by the prolocutor, solemnly admitted and confirmed for these ends. While the bishops and clergy c " I hope when he speaks of the original constitution, he does not mean that an English convocation was originally separated into two houses. If he do, the ancient acts already produced to shew that this separation was late and gradual, sufficiently confute him. The clergy for a long time sat in the same house with the archbishop and bishops, by whom they were occasionally directed to retire to some other place upon matters in which their separate resolutions were necessary, or their advice or opinion called for. As business increased, these retirements became more frequent, and grew by degrees into a state of debating separately, the archbishop con- tinuing as much their president as before. A prolocutor was appointed to maintain the union of the synod by a conveyance of instructions from the upper house and applications and answers from the lower; besides a right in his grace and the bishops to send up for the clergy in a body or in such numbers as the occasion may require." — The Pretended Independence, Sfc. P- 33- of a prolocutor 53 acted together, the president moderated the debates of both; and the clergy being removed to another place, the care of order and decency there was by him intrusted with the prolo- cutor. In that united state his grace delivered his directions immediately to the clergy themselves; which he now transmits, as they do their answers, by the mouth of the prolocutor. And yet this very office has been made one main argument to settle the lower house in greater degrees of independence, though it was so evidently instituted to convey to them the authority of the president and bishops, and in all their proceedings to preserve as strict a union as is possible in different places of debate. To this purpose, I mean the prolocutor's supplying the arch- J 1 ^ P r °*°" bishop's place among the inferior clergy, it is observable, that the begin- Lyndewood and six of the prolocutors who came after, viz. n ' n s officers * 1 of the arch- Bekyington, Lyndefekl, Andrew, Byconill, Stokys, and Pyken- bishop's ham, were all officers immediately under the archbishop; the court ' 1st, 2nd, 4th, and 5th, his officials; the 3rd, decanus curioz Cant., the 6th, auditor causarum, and the last his chancellor. And I find some others to be the very same persons who were commissioned to receive and examine the returns of the bishops, a business that was ordinarily performed by the officers of his own court : but these, not being directly taken notice of in the registers under the particular characters they might bear in his grace's court, I add not to the rest, whose offices are expressly mentioned. Nor is my observation upon these seven, succes- sively prolocutors and at the same time officers under the arch- 7 1 bishop, intended to prejudice the freedom of election in the lower house, but only to suggest the regard they then had to the president in the choice of a person by whom they were to appear before him, and who was in effect to supply his place among them whenever they debated apart from their lord- ships. With the same design, and no other, I add the following Prolocutor instances of the president's recommending to the lower clergy recom- the choice of particular persons, who were accor dingly elected, "ended by 1 . 1 0 •> the presi- Anno 1562. Archbishop Parker ordered the clergy to retire dent, to the choice, commendans Mis maxime decanum ecclesioi cathedralis D. Pauli London, Alexandrum Noivel ; and we find him presented and confirmed in form the next session. 54 The election and office Anno 1588. the dean of St. Paul's ex parte reverendissimi patris Joh. Cant, archiep. significavit ut ad electionem futuri prolocutoris procedere licite et libere valeant et possint ; et commendavit eis venerabilem virum magistrum Johannem Styll tunc ibidem pra>sentem. Unde omnes tunc prozsentes uno ore eundem magistrum Johannem Styll sine mora in eorum et dicti coetus inferioris domus cleri prolocutorem et referendarium concorditer unanimi consensu nominarunt et elegerunt, nemine contradicente. Anno 1605. The extracts out of the registers of the upper house say thus ; " the archbishop recommends Dr. Overal, dean of St. Paul's, to be chosen prolocutor in the room of Dr. Ravis, made bishop of Gloucester." The order w h e ther the president recommended or no, it is certain or leave of •* , the presi- that the clergy have never used to proceed to their election sar^hefore" without the antecedent order or leave of his grace: reveren- they can dissimus demandavit pra'cepit monuit has been and is the theThoice. language in which our registers ordinarily express it : and in 7 2 the convocation of 1586, as well as that of 1588, which I just now mentioned, the archbishop's leave is directly expressed in the journal of the lower house : the dean of St. Paul's, ex parte reverendissimi, Sfc. significavit ut ad electionem futuri prolo- cutoris pn-ocedere licite et libere valeant et possint; but with- out any recommendation accompanying the notice. In case of And as in the beginning, so in the middle of a convocation, promotion, m ^ ne case °f death or promotion of a prolocutor, a new no new election is not yet pretended to be made without the president's election but -it • L by the pre- special direction. Ihus, sidents Anno i <4 1. Reverend issimus evocari fecit clerum inferioris order. J \ _ • / > J domus; quibus exposuit illos debere eligere novum prolocu- torem per mortem D. Owent. Anno 1677. Cleri hujus domus coram reverendis do minis episcopis personaliter comparentes, et requisiti ut recederent in domum suam propriam, et eligerent aliquam personam idoneam e gremio ipsorum in prolocutorem sive referenda- rium convocationis pra>sentis, loco ultimi, nuper in archiepi- scopum Cant, promoti. Anno 1661. Febr. j8. Pra>sidens, Sfc. voluit ad se accersiri clerum domus inferioris convocationis ; quibus advenientibus dictus dominus prwsidens antedictns in verbis Latinis con- of a prolocutor. 55 ceptis eosdem cleros dicta domus inferioris monuit quatenus ad solitum et consuetum conventus sui locum sese conferentes, union virum gravem doctum et peritum de gremio suo pro- videant et eligant in eorum prolocutorem et referendarium in loco reverendi viri Henrici Fearne, sacrce theohgice prqfesso- 73 rig, ultimi prolocutoris, ratione promotionis suai ad episco- patum Cestren. jam vacan. Anno 1664. Nov. 25. Dominus episcopus London, cleros dictai domus inferioris monuit quatenus ad solitum et con- suetum conventus sui locum sese conferentes unum virum, Sfc. eligant in eorum prolocutorem et referendarium in loco vene- rabilis viri Johannis Barivick, sacrce tlieologice professoris, ratione ejus mortis jam vacan. 2. The person chosen upon the order or leave of the arch- Prolocutor bishop is solemnly presented to his grace and his brethren for gented to™ their confirmation ; which our registers always express in } he upper . . . .house tor terms signifying his acceptance of him, with the conveyance ot confirma- power and authority for the execution of the office : cum con- tlon ' sensu fratriun admisit, acceptavit, approbavit, vatificavit, or conjirmavit. 3. As he receives his authority from the archbishop and his The prolo- brethren, so upon a remarkable invasion of that and of the pi^catioruo privileges of convocation in his own person, we find him di- theu PP er ... , , . . house for rectly applying to the upper house tor protection. 1 he case protection, happened in the year 1604, sess. 19, and is thus represented by the Extracts out of the registers of that house : " The pro- locutor complains to the bishop [presiding] that he had two subpoenas served upon him by Harrington and Walker, not- withstanding his privilege. The president answers, that the king was acquainted with it, and that Walker was arrested for it by a sergeant at mace, and a warrant gone for Harrington. Sess. 20. Walker abovesaid convented before the bishops, sent to the lower house to beg pardon of the prolocutor and house ; which he did, and was dismissed pro tempore. Sess. 32. Harrington brought upon his knees for serving a 74 subpoena upon the prolocutor." If the inferior clergy of that time had thought their house to have a sufficient power in this case, they would, I suppose, have protected their own prolocutor ; or, if they had reckoned it consistent with their duty, as members of the same convo- 56 The election and office cation with the metropolitan and bishops, to seek for refuge otherwise than by recourse to their lordships, the prolocutor would scarce have been suffered to bring in cpiestion the inde- pendent rights of the house by such an application. The prolo- Two questions remain concerning the office of a prolocutor : not substi- 1 • Whether he have power in his absence to substitute another tuteade- without leave from the upper house? 2. Whether, the prolo- I'uty but . 11 by leave cutor being present, messages may regularly be sent up to the ^™ the bishops by any other hand? I will not pretend to solve these house. two, purely from the reasons of the things, which are no certain rules in questions of this kind ; but surely the solemn confirmation of a particular person for that purpose, to continue during the whole convocation, should imply an obligation upon him, when present, to discharge a duty to which he, and he alone, has received that general appointment : and his own incapacity to convey such messages till he be admitted and confirmed, and thereby publicly known to be the mouth or, in the language of the registers, the organ of the lower house, seems to make it unreasonable that another shall be capable of exercising that office without confirmation, that is, without being known to their lordships to be the mouth of the lower house, when yet the messages are to come by him as such. 75 Especially if to this we add, that neither the speaker of the house of commons, nor the house itself, have the power of a substitution in case of sickness or business ; who yet act in a much more independent state than the lower house of convo- cation. These presumptions are seconded by the authority of the registers ; assuring us that the prolocutor has actually desired leave of the upper house to make such a substitution. Anno 1533. Sess. 3. In the upper house : Ibidem dominus prolocutor D. Wolman ajjirmavit se cegrotum esse, et petiit ut durante infirmitate ejus, magister Fo.r, si vellet adesse, vel magister Bell, exerceret o fflcium suum ; et consensum est. Anno 1554. At the end of the acts of the upper house we find this note entered : Memorandum, quod vicesimo octavo Novembris, dominus prolocutor substituit loco suo, durante ejus absentia, magistros Hugonem Weston, Nicolaum et Jo- hannem Harpesjield conjunctiva et divisim ad exercendum officium prolocutoris ; which could no way have come into that of a prolocutor. 57 register, but that the upper house had their share in the sub- stitution. The same year certain minutes of the lower house men- tioning the presentation and admission of the prolocutor, and after that, a debate with the bishops in the upper house, imme- diately add, Et cum prcedictus prolocutor, who had been presented just before, non potuit adesse dictce convocationi, substitute N. Horpesfield et Johannem Wimbleseys, the two persons who had just then presented him and stayed there with him, conjunctim et divisim in loco suo. On the other hand, Ann. 1555 ^ ^ s sa ^> -Dec. Q uo die dominus prolocutor substitute loco suo magistros Cole et Harpesfield : but this was in a Legatin council of both pro- vinces, and not in convocation ; nor have we any contemporary 76 accounts of the upper house where some such memorandum as we find in the foregoing year might probably be made. But in the year 1640, May 2nd, the minutes make mention of a sub- stitution, no notice whereof is taken by the register of the upper house, though in other respects full and exact : only, as to the notice there, the instance has this disadvantage, that the bishops did not meet and act that day. Here therefore the question rests d ; whether a certainty that d "The question is, whether a sub-prolocutor named in the lower house ought to be presented to the archbishop and bishops for their confirmation. Against this he produces some instances which mention a sub-prolocutor in the lower house, when the contemporary registers of the upper say nothing of confirming him above. We deny not the prolocutor's right to act by a deputy duly substituted, nor the right of the lower house to con- sent to the substitution. The sole question is, Whether the confirmation of the upper house ought not regularly to be had. And do his instances say that it was not necessary to apply to the upper house ? or that in fact they did not apply ? or that this or that substitution was made by the sole power of the lower house ? Not an instance upon record that mentions such a thing. And yet these are his precedents which ' make expressly for the right of the lower and against the right of the upper house, and evince 150 years uninterrupted usage.' Of what ? I pray: of a thing no- body ever denied, the clergy's having a sub-prolocutor as oft as their pro- locutor has been kept away by sickness or business. I know no other usage of which they can be precedents, or for which they can expressly make. In the point before us I am sure they are at best but presumptive proofs, and become such only by being compared with registers of the upper house remaining entire and yet silent as to any confirmation there. I r 58 The election and office the prolocutor has actually applied for leave to make a substi- tution be not a stronger argument of his obligation to do it, than the bare want of an entry thereof (in one instance, in the absence both of the archbishop and prolocutor, on a day when no business was done besides the continuation) is any ground of a right to do it without such leave. Thus the case stands ; and under these circumstances the right of the upper house may, I think, be trusted to the decision of any impartial man. No mes- 1 The next question is, Whether, the prolocutor being present, regulariy be messages may be regularly sent up to the bishops by any other ranied up hand? For in the last convocation, session 14, a message was prolocutor sent by Dr. Finch, but rejected by the president as irregular, lent" 1 1>re because no * brought up by the prolocutor : which occasioned a \ vote of the lower house, that the prolocutor himself should ' carry it, but salvis juribus hujus domus. It is true that some messages had been so sent up in the convocation of 1689; but in the ninth session the irregularity was observed, and the bishop of London, the then president, declared to the lower house, Quod apparet per recorda domus 77 superioris convocationis, quod quoties et quando aliquid fuit per dictum domum inferiorem superiori domo convocationis propositum, prolocutor semper comparuit in propria sua per- sona, aliis dictai domus secum comitantibus. Hereupon a committee of both houses was appointed to in- spect the registers : and though no report be entered in the A^arr.p.45. journal of that year, and the late Narrative e affirm that they It is true in fact that there are instances of that kind in some of the re- gisters ; and as true that others expressly speak of notice and application to the other house. The question is about these two sorts of evidence. Ours, we say, is express, that application was certainly made : theirs pre- sumptive only, that it was not made because not entered in the register. The omission of an entry can amount to no more than a negative proof. And some of these are on days when the bishops did not sit, others when the proceedings of the day are entered in gross, and others again at times of which we have no more than an index of the upper house books : and each of these circumstances is an evident diminution of that proof, which at best is but negative." — The Pretended Independence, c)-c. p. 75. e " 'Twas agreed that a committee of both houses should meet that even- ing to inspect the registers. But the convocation separating soon after on the 14th, the committee brought in no report, nor was any thing deter- mined in this matter." — Narrative, p. 45. of a prolocutor. 59 brought in none, yet the bishops who were of that committee very well remember, that those of the lower house were satis- fied that all their messages ought to be sent by the prolocutor, the books affording no one instance of the contrary. I know, upon the revival of that difference in the last con- vocation, and the censure thereof as irregular, an attempt was made in one of their answers to vindicate it upon the authority of a precedent in the year 1444; when .the clergy, after the grant of one tenth, being desired by the keeper of the privy seal to give another, sent up a doctor of laws and the arch- deacon of Canterbury for direction from the bishops, whether they should proceed to the consideration of that request ; though William Byconyll, the archbishop's official, was pro- locutor at that time. But, 1. In that convocation we read of no prolocutor as chosen by the clergy or confirmed by the archbishop ; and therefore though Byconyll made two several reports from the lower clergy, that must be upon a particular choice for those purposes ; such as we know was made of the persons whom they styled their prolocutors. 2. It does not appear that Byconyll, who had done the business of a prolocutor before, was then in the house : on the contrary, the circumstances make it much more probable that he was not. This message was carried up on a Monday ; and the Saturday before, the 78 clergy had granted a subsidy on condition that the archbishop would dissolve the convocation. His grace promised that he would ; upon which, as the register has it, plures procura- tors cleri eo proztextu ad partes suas recesserunt. And it was actually dissolved on the same Monday. However, its not appearing that he was there is reason enough why it can be no precedent in the present case ; and no other testimony has yet been aimed at. Indeed, the drawers of the Narrative seem to have been apprehensive that the acts would afford none, and that therefore they should be forced to relinquish their claim: "If," say they, "the precedents Narr. p.45. overrule this matter, it will become us to submit." 60 The division of bishops and clergy CHAPTER V. By what degrees the inferior clergy became a separate house from the bishops. The false The late Narrative of the lower house observes, what was the late ° * 00 phiin to be denied, that in elder times the whole body of Narrative the convocation used to sit too-other in the same room*. But ot the Low- & er House, when afterwards the same Narrative comes to speak of the P* 6 - manner of their occasional retirements, and of the division into two houses, the accounts are agreeable to no usage but that of the last convocation. For in the registers of these ancient times whereof they speak, there is not the least ground for 79 what they say about the retirement of the bishops from the clergy, or the clergy from their bishops at their own motion, and upon distinct business that belonged properly to their con- sideration : nor does it appear that the division into two houses, or the settlement of a prolocutor, did at all arise from an imitation of the parliament, but, on the contrary, came in gradually, and, as the occasion of them increased and the con- venience appeared, improved by little and little into an esta- blishment. Two rea- While the bishops and clergy debated together, as they retirement frequently did a long time after the regular election of a pro- of the cler- Jocutor, we find the clergy occasionally directed to retire upon two accounts, r. When the archbishop and bishops found it necessary to debate any matter in secret; as, anno 1376, 5 Id. Febr. Dominus cum confratribus mis, exclusis omnibus aids personis, secrete deliberavit And the next day, Exclusis omnibus alii s personis, super prcemissis deliberavit. In these cases not only the clergy, but the lesser prelates also who belonged to the upper house, retired ; as these latter are said to have done again upon the same occasion, anno 1428, Nov. 16. Aliis pradatis ad tunc ibidem in multitudine copiosa s " In elder times the whole body of the convocation used to sit together in the same room. And the lower clergy having, besides the common business, distinct rights and interests of their own, were wont to separate from the bishops (as their lordships for the same reason used upon the like occasions to separate from them) to debate and conclude their own business among themselves." —Narrative, p. 6. into two houses. (i! e.ristentibus. de mandato prcesidentivm se interim retrahen- tibus ad partem domus capitularis hvyusmodi. But the ordinary occasion of their retirement was the busi- Retirement ness from time to time referred to their consideration by the" ^^"j president and bishops. That this was the constant method, as sider busi- ' oft as the archbishop thought fit at the beginning of conyo- alwayshy cation to lay before them the causes of his calling it, will be the d "j ec " * ° tion or plain to any one who shall cast an eye upon the next chapter : archbishops and the frequent instances of the same kind throughout the ^'g'" course of their proceedings, to be produced in the chapter 80 following that, will sufficiently prove their retirement in those days to have been the sole effect of business proposed to them by the archbishop and bishops, and not of their own pleasure or occasions. Nor have the registers left us to infer this from their separating immediately upon business proposed ; but they mention it frequently as done at the express command of the archbishop: Anno 1369, 4 kal. Febr. I njunxit procurator ibu* cleri quod se ad partes transferrent Anno 1379, .5 Id. Maii, Prcecepit quod procuratores proedicti exirent And on many other occasions their departing is said to be de man- dato, ad mandatum, and juxta assignationem domini, as will appear from the passages quoted at large in the two next chapters about the entrance upon business in convocation. Nor can I remember any instance of their retiring, in which the circumstances thereof leave room for a supposition that it was at their own motion, or upon distinct business of their own ; so far was any such thing from being, according to that account in the Narrative, the usage of convocation in those days. The place also to which they retired in such cases? was not The plare the same from the beginning, but settled by degrees. So, t i' 1C y re tired e " It is very well known that Henry VII. chapel was till very lately made use of by the bishops as their house ; and a little chapel below stairs, or a sort of vestry, as in 1685, was always fitted up for the clergy of the lower house. Whenever the archbishop had occasion to say any thing to the prolocutor or to the lower house, they were sent for up to Henry VII. chapel : there it was the prolocutor was presented ; there every thing is done that is proper to be done in the upper house ; and all acts signed by the archbishop are dated thence, and among others his schedules of ad- journment of that house, by which schedules the convocatio or sacra sy- nodus is according to the most usual style said to be adjourned. In 62 The division of bishops and clergy uncertain Anno 1 369, 1 1 kal. Febr. Rogavit dictos religiosos, quod time.' 0 " 8 se insimul traherent ad aliquam partem ecclesice et clerum sua? diceceseos et prov. quod ad aliam partem ejusdem eccle- sio2 se traherent, tractarent, et deliberarent. 4 kal. Febr. the same year : Injunxit procuratoribus cleri relig. hujus- modi, exhortando eosdem quod se ad partes in dicta ecclesia transferrent, et concordarent, fyc. 81 Anno 1382, Nov. 19, the place is left to their own choice: Quod convenirent in aliquo loco decenti et honesto, et de prat- missis tractarent invicem. Anno 1383, Dec. 3, the proctors are directed, Quod ad aliquem locum in tali negotio hactenus consuetum se decli- narent. Anno 1384, May 24. Procuratores in domo scholarum in coemeterio dictce ecclesia' situata ad invicem de negotiis ipsis tractarent. Anno 1394, Feb. 6. After a debate super principali causa convocations between the bishops and clergy, separato clero ad claustrum subtus eandem domum capitidarem, they there considered of a subsidy. Anno 1402, Oct. 30, the archbishop directed them, for the choice of a committee, ut in aliquo priuato loco convenirent ; Henry VII. chapel, as being the upper house, all the adjournments from week to week, during several sessions of parliament in king Charles' reign, were executed by the archbishop's commissary, whilst the clergy were willingly and thankfully excused their attendance : and the same method took place upon royal prorogations from time to time. Hence this chapel came to be looked upon by all as the proper place where such adjourn- ments and prorogations were to be made. But so it happened that by the reason of the suspension of several bishops of this province in 1689 (the convocation meeting in the midst of winter, and the number of the bishops being very small), the president and those few bishops that were there accepted of the bishop of Rochester's kindness [bp. Sprat, then dean of Westminster] in accommodating them with a good room in his house called Jerusalem Chamber, and left the lower clergy to sit in Henry VII. chapel, and saved the trouble and charge of erecting seats where they used to meet. This very change of place, though merely accidental, we shall find to have made great alterations in the methods of proceeding in convocation, and particularly with respect to adjournments, so far as to affect us to this very day ; which perhaps hath been very little thought of as yet, or not considered so much as the nature of the thing may de- serve." — An Expedient proposed, p. n, col. 1. into two houses. and when they chose that committee, they are said to he in basso sub dicta domo capitulari insimul congregati And Nov. 10, ad dictum bassum sub domo capitular i secesse- runt Again, anno 1404. Clero seorsim separate ad donium bassam sub domo capitulari. And 1408, Dicto clero in valto inferius sub eadem domo capitulari, fyc; where their meet- ing is said, some years before this, to be more solito. Ac- cordingly, Anno 1419, the deans, archdeacons, and proctors are di- rected to retire in domum suam solitam; and two years after, May 7, 1421, in domum suam inferiorem. Anno 1422, the direction is, Quod recederent de domo ca- pitulari et adirent domum inferiorem; under which name, simply, we find it mentioned in the succeeding convocations. But here two things are to be observed, 1. That this was not styled the domus solita or domus sua 82 with reference to their constant meeting and sitting there ; for, ^ he lo . wer ... . clergy have many years after, we find them ordinarily with the bishops in a house for the upper house at the beginning of the sessions, and present ^ bate on " at the debates there ; the same that we ako meet with now and then in some of the latest acts of convocation recorded in the old registers, which end with the year 1488 inclusive. It was therefore their house only for such occasional debates as those for which they retired in the manner already hinted, and to be explained more at large in the two following chapters. 2. That this place of debate, after custom and the name The place seemed to have appropriated it to the use of the clergy, waSgjj^by" always thought and said to be assigned them bv the arch- tlie arch - ... bishop. bishop. Which two heads are clear from the following instances : Anno 1408. Clerus inferior in loco sibi deputato consti- tutus. Anno 1421, May 7. Recedentibus tunc, de mandate domini, procuratoribus cleri in domum suam inferiorem, pro tracta- tibus fiendis in hujusmodi convocationibus consuetam. Anno 1421. Dominus demandavit, fyc. quod adirent do- mum inferiorem solitam pro cleri jwocuratoribus, et ab anti- quo in cleri convocationibus assignatam eisdem. The next convocation, Oct. 16. Recedentibus procuratoribus 64 The division of bishops and clergy in domum inferiorem, clero pro tractatibus habendis in con- vocationibus antea celebratis solitam assignari, de mandate domini ad tractandum de et super materiis ipsis per domi- nium, declaratis. In the same convocation, the king's commissioner's being 83 gone, Et finita eocpositione hujusmodi, procuratores cleri de mandato domini recesserunt de domo oapitulari in domum inferiorem, ubi tractatus cleri procuratorum in talibus con- ciliis fieri antiquitus consueverunt. Anno 1452, Feb. 9, it is again mentioned as a place intended only for these occasional retirements : the president commands the clergy, Ut ad locum eis ab olim in hujusmodi actibus solitum et consuetum, viz. locum inferiorem subtus dictam domum capitularem, ad electionem sive nominationem futuri prolocutoris cleri rite processuri, unanimiter insimul decli- narent. The sepa- From the particulars of this chapter, there arises this natu- the bishops ra l account of the separation of the two houses. While they and clergy me t 5 abode, and debated together in the chapter-house, their stated upon . 0 1 the forego- separations were rare, because the occasions requiring the counts retirement of the clergy were so too. As the business of con- vocation increased, these retirements, and by consequencce the separations, became more ordinary and frequent ; till, by de- grees, upon the evident inconvenience of the clergy's going up in a body with all their answers and petitions (for so they did at the first, notwithstanding their choice of a prolocutor), the archbishop and bishops on ordinary occasions accepted the attendance of a prolocutor regularly chosen and confirmed, instead of all the rest, returning their pleasure and instructions by the same hand. From hence there ensued a gradual sepa- ration as to the place of debate ; the union and communication in other respects remaining entire, and the correspondence about the business of the synod continuing such as is suitable to the known subordination of presbyters to their metropolitan and bishops. 84 Nor are the debates themselves so separated but that the archbishop and bishops, as oft as they saw cause for debating together, have always sent for the inferior clergy to the upper house, either in a body, or by the prolocutor with some few of the members; Reverendissimus, Sfc. fecit ad se vocari clerum; into two houses. 65 accersito clero, fyc. Who coming up, and conferring with their lordships as long as the occasion of sending for them required, were dismissed from further attendance at that time ; and being dismissed, returned to their own house. Dimisso pro- locutors, 8fc. is the ordinary style of the registers in all such cases, as appears from those two of 1640 and 1661, &c, which are published at large in the Appendix. If this be a true account, as no account from the registers themselves can be otherwise, it is hard to believe that the acts of convocation were ever seen by those who have lately Narr. p. 41. disputed the president's right of assigning them a place, and^* irf " p ' 4 °' have talked so much of their distinct capacity as derived from Answer to an imitation of the house of commons' 1 , and raised so many lst ^ stter > uncanonical exemptions, with I know not what degrees of in- jvarr.p.17. herent power from the denomination of a house and their Power of , , , Lower separate debates. House, p. 2. CHAPTER VI. 85 The manner of entering upon business in convocation. The members of convocation being settled by the returns of The arch- the bishops made and exhibited to his grace, he, in virtue ciareTtlle thereof, has a right to their attendance, as thev have to pro- causes of ... . . . i the convo ceed with him in the business of convocation. And therefore, cation, the bishops and clergy being together in one body at the open- ing thereof, it has been the usage of convocation, especially when met upon business of great moment, for the president to explain to them the causes and ends of his summoning it at h " We dispute not the archbishop's power of calling the convocation to St. Paul's or Westminster or Lambeth, if the king's mandate leave it to his grace's discretion. But in every such general place we find that by the ancient practice the lower house are to have 'locum solitum ab anti- quo assignatum iisdem domum suam solitam locum convenientem more solito;' and if such an one be assigned us ; we shall not complain. It seems not improbable that such an assignation formerly was an effect of his grace's care in providing for us, rather than a confinement of us by his authority. But at present it is certain that their lordships, as well as we, must own that we are obliged to the dean and chapter of Westminster, and not to the archbishop, for the convenient accommodations that either of us have in that church." — Narrative, p. 40. GIBSON. F 66 The manner of entering that time. So archbishop Parker- explains the custom of his Vorma own and former ages : Reverendissimus ad episcopos et clerum tunc prazsentes Anglice sive Latine causam sui adventus ac dictai convocationis inchoataz exponit. And another more early directory for the first day of convocation in Edward VI.'s time " The clergy of the inferior house to he called up to the chapter ; his grace to declare the cause of this convo- cation." The clergy At the same time that the registers speak of the president's retire! and declaring the causes of the convocation in this solemn manner, b^ifth 1 " ^ey generally add that the clergy were thereupon required business of to go down to their house and confer about the matter pro- tion a^de P osec ^ *° them by his grace ; who also very frequently enjoined dared by the return of their answers within a certain time. bishop 0 . 11 Anno 1369, kal. Febr. The archbishop (assidentibus confra- tribus, Sfc. et procuratoribus Cant, provincial coram eo, Sfc.) 86 explains to them the necessities of the kingdom, and proposes a supply ; and then it follows, et super petitione prazdicta, rogavit dictos religiosos quod se insinud traherent ad ali- quam partem ecclesioz prazdictw, et clerum suai diozceseos et prov. quod ad aliam partem ejusdem ecclesiai se traherent, tractarent, et deliberarent de petitione predict, quid et quan- tum concedere velint ; et deliberatione habita per eosdem, sibi referre et intimare de voluntate eorum in dicta domo capi- tulari super prozmissis die crastino. Anno 1379, May 9. The archbishop explains the occasions of the meeting, " Reformation and subsidy ;" and then, habita in domo capitulari inter prailatos et procuratores quadam deliberatione super materia convocationis, idem pater in- junxit singulis procuratoribus quod eodem die post prandium in dicto loco comparerent tractaturi super materia antedicta. Anno 1383, Dec. 2. The archbishop explains the cause of the convocation's meeting ; and the next session, prazcepit pro- curatoribus quod ad aliquem locum in tali negotio hactenus consuetum se declinarent, ac de et super negotio, Sfc. per ipsum eis exposito, diligenter tractarent, et super delibera- tione sua in ea parte responsum sibi et confratribus suis, ibidem protunc personaliter existentibus, meliori modo et forma quibus poterant, prozberent. upon business in convocation. 67 Anno 1399, Oct. 8. Coram domino comparuerunt persona- liter reverendi in Christo patres, fyc. et prwlatorum et cleri provincial antedictce procuratores ; et exposita ibidem per dominvm causa convocations, tractabant ipse dominus et reverendi patres episcopi per se de negotiis communibus eccle- sia}, aliis prcelatis et procuratoribus cleri seorsim separatis. Anno 1408, July 23. The archbishop explains the causes of their meeting ; and then, clero vero inferiori a prafatis ma- joribus pr&latis seorsim separato, et in scholis theologian sub domo capitulari prafata juxta assignationem archiepiscopi conveniente more solito, iidem venerabiles patres, Sfc. Anno 1415, Nov. 18. Reverendissimus pater conveniens in domo capitulari ecclesia? S. Pauli cum suffraganeis suis, ab- batibus, prioribus, decanis, archidiaconis et procuratoribus cleri S1102 provincial in multitudine copiosa, exposuit eis causas sum convocationis ; quibus expositis, decani, archidiaconi, et procuratores capitulorum et cleri, de mandato dicti reveren- dissimi patris traxerunt se in domum inferiorem sub domo prozdict. capitulari, et intra tempus modicum redeuntes, Sfc. concesserunt domino nostro regi duas decimas. Anno 1419. Archiepiscopo, confratribus suis, pradatisque et clero praidictis in domo capitulari insimul congregatis, the archbishop declares the causes of his calling a convocation ; one whereof was, pro defectibus in clero regnantibus, auctoritate illius provincialis concilii reformandis : super quibus, idem reverendissimus pater assignavit decanis, archidiaconis et cleri procuratoribus, quod recederent in domum suam solitam, et quod ibidem de et super materiis praidictis tractarent et communicarent, fyc. Unde ipsi statim, ut eis fuerat assig- nation, recesserunt de domo capitulari praidicta ; prafatis reverendissimo patre, confratribus suis episcopis, ac abba- tibus et prioribus provincial suaz remanentibus, et insimul tractantibus de et super materiis antedictis. Anno 1422. Dominus cum confratribus suis prailatisque et clero in domo capitulari insimul congregatis. They de- bated for some time in common about the business of the con- vocation ; and at last, Dominus demandavit publice et in genere omnibus cleri procuratoribus tunc ibidem praisentibus, quod recederent de domo capitulari et adirent domum inferi- orem solitam pro cleri procuratoribus et ab antiquo in cleri 88 v 2 6'8 The manner o f entering convocation! bus assignatam eisdem. ibidem insimul tractaturi tie habendo subsidio jtra libato : et dominus dixit se et con- fratres suos facere Mud idem. Anno 1424. Domino cum confratribus mis nonnullis. pra;- latisque et cleri procuratoribus in domo capitulari, fyc. do- minus causas et modum convocationis Mius publice decla- ravit ; habitisque nonnuUis commioiicationibus de et super causis ipsis, recedentibusque procuratoribus in domum infe- riorem clero pro tractatibus habendis in convocationibus antea celebratis solitam assignari, de mandato domini ad tractandum de et super materiis ij)sis per dominion de- claratis. Anno 1425. Compare/dibit.* in domo capitulari coram reve- rendissimo, fyc. archidiaconis, clerique procuratoribus in multitudine copiosa ad tunc jwazsentibus, eisdem exposuit et explanavit. Quibus expositis, decani, archidiaconi, et pro- curators capitulorum et cleri, de mandato dicti reverendis- sirni patris traxerunt se in domum inferiorem sub domo prce- dicta capitulari, at de hujusmodi causis tractarent, et unum referendarium sive pra?locutorem ex seipsis eligerent, qui vice eorum omnium et singulorum causas exponeret et responsa. Anno 1426. Comparentibus coram reverendissimo ])atre, fyc. archidiaconis, cleriquoque procuratoribus in multitudine copiosa the archbishop recited to them the condemnation 1 of William Russel: wide dominus petiit a clero ut deliberarent per quan) viam contra fautores hareticorum hujusmodi esset procedend. et habita aliquali communicatione super hoc, domimis assignavit procuratoribus cleri jiroedietis, ut post prandium ejusdem diei in domum inferiorem eisdem consue- tam se colligerent , et super hujusmodi negotio communicarent. Anno 1428. The archbishop. &c. decants, archidiaconis, 8y clerique procuratoribus tunc pra?sentibus, explains the causes of calling* the convocation : and the next dav he sends his chancellor to the convocation, qui intimavit quod voluntas domini erat. quod pra?lati pro parte sua et clems pro parte 5 sua eligerent certas personas. fyc. qua; inter se communicarent et deliberate viderent. quomodo et qua via esset melius et expediting procedend. contra ho?reticos. Anno 1428. The archbishop. &c. cum decanis quoque, et archidiaconis. ac pr&latis aliis. et cleri procuratoribus, opens ii /ton business in convocation. 69 the causes of the convocation in the usual manner, prcesertim pro idiqua provisione facienda contra hareticos, Sec. Then, Clero et procuratoribus in solitam dornum irtferiorem de viand ato domini recedentibus', dominus cum confratribus mis et pralatis communicationem habuit de et super provisione seu ordinatione hujusmodi facienda contra malitiam hazreti- corum. Anno 1432. The archbishop, as before, declares the causes of calling the convocation ; one whereof was, how the bishops and clergy of England should carry themselves towards the pope after he had dissolved the council of Basil. Dominus mandavit clero et procurator ibus, quod ad dornum suam solitam se diverterent, et insimul bene et mature ac cum deli- beratione se avisarent, quomodo in materia pradicta et sub qua forma esset procedendum. Anno 1433. Dominus, Sec. exposuit clero causam convoca- tionis. Insuper dominus movit coram eodem clero quozdam dubia. Et post istas dubitationes niotas, Sfc. quasivit dominus a clero quid in his esset finaliter dicendum seu sen- tiendum. Et clerus respondit, quod quum dicta motiva, essent talia, quoz non fuerant a pluribus eorum per antea perfecte communicata nec laborata, 8fc. oporteret eos de licentia domini et suorum confratrum, 8fc. quandam habere deliberationem et communicationem specialem : quod dominus libere concessit. Anno 1438. Dominus assidentibus sibi confratribus s 11 is episcopis, ac aliis prozlatis et clero ibidem existeutibus, inti- rnavit eisdem causas convocationis sua. De his causis desideravit dictus reverendissimus pater deliberationem ha- bere communem, et super hoc mandavit clero ut in domo infe- rior^ convenirent et super istis diligentur communicarent. The same year, upon a prorogation from May 14 to Oct. 6. Archiej>iscopus, Src. recitando plura suadebat pradatis et clero tunc ibidem existeutibus, quod quum eis non essent ignotai causa, ob quas convocati erant, super eis pro eorum celeri expeditione communicarent, fyc. TJnde ex mandato do- mini clero in dornum inferiorem se colligente, Sfc. Anno 1439. Archiepiscopus, Sfc. coram confratribus suis episcopis, aliisque pradatis et clero sua, provincial causas propter quas eosdem ea vice convocaverat, declaravit. 70 Tlie manner of entering Then the pope's collector presents a bull of indulgence ; qua tunc in publico prazlecta, et habita communication aliquali super eadem, dominus decrevit copias fieri, et ipsis de clero domus inferioris liberari, ad effectum xit communicatio ha- beatur inter eos de modo et forma executionis et publicationis ejusdem. Anno 1444. Archiepiscopus, Sfc. causas propter quas eos- dem ea vice convocaverat, declarabat. One was, qualiter in ecclesia Anglicana fuerant plurima reformatione digna. Unde communicante domino cum confratribus suis et clero suai provincial super praimissis, continuavit, fyc. And the next day, Dominus praicepit clero quatenus pro corrigend. et reformand. per hujusmodi concilium inter se diligenter com- municarent. Anno 1452, Feb. 9. Archiepiscopus, fyc. Episcopis, ac aliis prozlatis, nec non jwocuratoribus de clero, 8fC. causam convocationis explicavit; and then, that they might be in a 91 condition to bear their part in the business, he commands them to retire and choose a prolocutor. Anno 1460, May 10. The archbishop first directs the choice of a prolocutor, and then confirms him ; after which he explains to them the causes of the convocation. In these two last instances the clergy are not directed to retire, as they had usually been, to debate apart about the matters of convocation laid before them by the archbishop, because now they began, as to their debating, to be in a more separate state ; so that the bare proposition of business to be prepared or considered, was notice enough that they were to retire to their usual place and set about it. The old registers have only the acts of four convocations more; so that we have no light between the years 1488 and 1529, nor any from thence to the year 1562, besides certain Extracts out of the registers of the upper house. But the ancient Directory in Edward the Sixth's time, and archbishop Parker's Form of holding a Convocation, (both of them written while the registers of convocation remained entire, and both, as above-cited, setting down his grace's declaration of the causes of the summons as a necessary part of their pre- paration for business,) leave no room to doubt whether in that interval the same usage continued, which we have shown to be upon business in convocation. 71 the practice of convocation from the beginning of the most early acts. Not but that even in these Extracts we find the custom plainly enough, though not expressed under all the cir- cumstances that appear in the original registers. So, Anno 1536, the second in that collection, the bishop of London's return being exhibited, Reverendissimus exposuit causas hujusmodi convocationis, et deinde monuit omnes prce- 92 lotos quatenus conferrent se ad locum consuetum, et eligant unum virum in referendarium et prolocutorem qui eorum nomine loqui possit. Anno 1547, the next but one, (in which, as well as in the first of that book, the form of opening is very much contracted by the abridger, and consists only of some short hints,) arch- bishop Cranmer is there said in general to have acquainted them that the convocation was then summoned, quod prailati et cleri inter se consulerent de vera CJiristi religione probe instituenda et tradenda populo ; that being the first year of Edward the Sixth. Again, Anno 1554. The return being exhibited, Episcopus London in the vacancy of the archbishopric summarie et compendiose causam synodi vocatrn exposuit, et monuit inferiorem domum de eliyendo sibi prolocutorem. Anno 1557. The archbishop, with the consent of his bre- thren, having confirmed the prolocutor, mox causas hujus synodi verbo-tenus proposuit ; which are there set down at large. Anno 1558. Prceconizatione facta, et inferiore domo evo- cata, exposuit episcopus ibidem causam convocationis. But more distinctly in the next, which is an entire register : that, I mean, of archbishop Parker, in which the Thirty-Nine Articles were made : viz. Anno 1562. Reverendissimus dominus arcJiiepiscopus Cant, brevem quandam orationem eloquentia> plenam habuit ad patres et clerum ; per quam inter alia opportunitatem refor- mandarum rerum in ecclesia Anylicana jam oblatam esse aperuit, ac propensos animos tarn illustrissimai domino) no- stra} reginoB quam aliorum maynatum hujus reyni ad hujus- modi reformationem habendam declaravit, hortando, praici- piendo, et mandando pradatos et clerum inferioris domus in 93 dicta domo capitulari coram eo et reliquis patribus constitutos, 72 The manner of entering quatcnus ad conventus sui locum sese conferentes, unum virum gravem, $pc. eligant in eorum prolocutorem. Anno 1640, the next convocation, of which the upper house acts remain, after the prolocutor is confirmed, the archbishop produces the king's license. Et reverendissimus pater ante- dictus prasfatum prolocutorem et alios de domo inferiori, decanos, archidiaconos, capitula, et cleri procuratores ibidem prwsentes, voluit tit ipsi inter se convenirent et mature exco- gitarent de subsidies domino nostro regi concedend. et cano- nibus et constitutionibus station ecclesiasticum et Christi reli- gionem in ecclesia Anglicana concernen. concipiendis. Et quicquid inde senserint sive excogitaverint, in scriptis redi- gant, et coram ipso reverendissimo et confratribus episcopis exhibeant. Anno 1 66 1. The prolocutor being confirmed, committees of both houses were ordered in the upper house, to compose ser- vices for the 29th of May, and the 30th of January, &c. And when afterwards, by the coming of the royal license, they thought themselves at liberty to enter upon the business which was the chief cause of their meeting, the archbishop directs the members of the lower house to proceed in it, in the selfsame words that archbishop Laud had used in the year 1640. The infer- j ] iave been thus particular in my deduction of authorities, , ence from . / the arch- to show the right of the president to mark out a scheme of declaring business to be transacted in convocation ; because, as by the the causes tenor of the mandate, his first step in summoning, we are led cation™" t° the foundation of his grace's power over the members of the lower house, so in this their entrance upon business, we clearly 94 see his influence and authority over their proceedings : that is, we have the view of an ecclesiastical synod, consisting of a metropolitan, bishops, and presbyters, all going on to act within their proper spheres, and suitably to the constitution of an episcopal church. The metropolitan, having advised with his suffragan bishops about the state and condition of the church, of which he and they are constituted governors, recommends to the synod the consideration of such improvements or reforma- tions as evidently tend to its honour and safety. The clergy are there in readiness to receive the opinion and directions of their ecclesiastical superiors, and to offer their own judgment, as there shall be occasion, with all duty and humility ; and in ((pon business in convocation. 73 short, to give their assistance of every kind in a proper sub- ordination, towards the ready and effectual despatch of all business that shall be regularly proposed for the advancement of religion. The archbishop and bishops, we see, deliberate above : and the clergy debate the same matters below, to be ready with their opinions and resolutions when required : and thus they appear like one body of men, met about the same common business, in which all in their several stations are im- mediately concerned : proceeding also with such a paternal affection on the one hand, and such dutiful obedience on the other, as becomes their holy function, and is due to measures for preserving the order and unity of the church. . But some late principles and practices have another ten- dency : for instance, the clergy's proceeding in business of the greatest moment, and even coming to formed resolutions there- upon, without ever acquainting their ecclesiastical superiors ; and much less offering them first in general, as points that in their opinion deserve or require consideration, and taking the 95 advice and direction of their lordships about the expediency The «| lffer - 1 . ence " e ~ and methods of proceeding in them. To the same effect is that tween language so familiar of late among some of the inferior clergy [hodsand* in convocation, " That they have business of their own to do ; the late that it is generally different from what is transacted at the same time in the upper house ; that their debates are managed independently from their lordships ; that the archbishop with his suffragans has no right to take cognizance of or interpose in their debates ; that there is no necessity (be the matter never so important) of previous directions from the upper house." Principles, somewhat ambiguously expressed, perhaps not without a foresight of certain objections ; but being inter- preted by the late practices, their tendency to a division of the synod, and a coordinate power in the church, is no less plain, than is their opposition to all the proceedings of former times. One thing more I would observe upon this head ; what little likeness there is between a convocation and a parliament in their very first entrances upon business. Unless the enemies of the ecclesiastical power will object, as they who are so fond of a parliamentary relation are like enough to do, that the archbishop in convocation opening the causes of their meeting does only the same thing with the lord chancellor in parlia- 74 The manner of entering upon business in co)ivocation. ment, whose office it is to convey and enforce to the two houses the instructions he receives from his majesty. But they may understand, that as oft as the king had occasion to solicit busi- ness in convocation, he sent commissioners of his own to do it, as every one must know who casts his eye upon our convoca- tion registers never so slightly. These were said to come thither ex parte domini regis ; and their coming, as occasion 96 required, to represent the desires of the king and the condition of the kingdom, was a custom so much known and establish- ed, that the register takes notice of the archbishop's doing it as a thing singular and extraordinary. Anno 1380, Dec. 1. Et quia protune dominus meus archiepiscopus erat cancellarius Angliot, nee comparuit alius pro parte domini regis, qui ex- poneret clero negotia regni sicut fieri consuevit in aliis con- vocationibus, dictus dominus meus negotia regni et pericula imminentia satis clare exposuit. Nor did it make any differ- ence in the form of their proceedings thereupon, that the first motion came from the court ; but the archbishop having given the commissioners some such general answer as this, quod vo- luit super his mature communicare cum confratribus suis prozlatis et clero, he immediately proceeded to that commu- nication, either with the clergy and bishops in a body, or, directing the clergy to debate in their own house, with his brethren alone. If it be further said, that the necessity of a royal license before the convocation can proceed to make canons, &c. has restrained the president's ancient power of explaining the ge- neral causes of the summons, the answer is this, That the persons whose present endeavours it is to diminish the metro- political and episcopal authority affirm that a great variety of ecclesiastical matters may not only be begun, but transacted and concluded, without the authority of such a license ; and so far the president's right of proposing the general matters stands where it did. And as to canons and constitutions, if they may not be actually entered upon without a license, yet his grace at the opening of the convocation may deliver his own judgment as to the expedience of them, and refer it to the consideration of the bishops and clergy, whether it be advisable to desire the royal license for that end. Business enjoined the clergy during the convocation. 75 CHAPTER VII. 97 The right of the archbishop and bishops to require the clergy to consider any particular business throughout the con- vocation. The foregoing chapter shows the right of the president, after consultation had with his brethren the bishops, first to lay before the clergy the general causes of his summons, and then to require them to retire and deliberate thereupon. But the scene of business opening and enlarging itself, many unfore- seen difficulties will unavoidably occur ; and new designs also for the benefit of the church must naturally arise from the mutual debates of the governors thereof assembled in convo- cation. And accordingly, when any such occasions required, the inferior clergy have been ever enjoined to debate and exa- mine all matters proposed by their ecclesiastical superiors for that purpose, from the beginning to the end of convocation. The instances hereof are very numerous, but necessary to be The neces- added to the testimonies contained in the last chapters, which showing without those would leave room for an objection, that as to this > to P re - i i i vent an the general causes at the beginning, those are equally ex- je ctionfrom plained to the two houses of parliament, and vet the honour- th f. ex P 1 i" 1 r » ■ J cation or able members of the lower house there are under no such the general restraint or subordination in their subsequent proceedings. An th" opening objection, I say, of this sort is like enough to be started, con- of a parlia- sidering how industriously those fancies about a parliamentary relation have been insinuated into the minds of men. I will 98 therefore show that what the archbishop does in opening the general causes of his summons, and directing the clergy to deliberate about it at the beginning of convocation, the same thing he and his suffragans have a right to do upon all emer- gent occasions during the whole course of their proceedings. And this will manifest to the world, how the constitution and proceedings of an English convocation, to the glory of it, are exactly modelled according to the primitive distinction between bishops and their presbyters in point of order and authority ; while, from the most early accounts of convocations to this day, we see the metropolitan and bishops, as the governors of the church, proposing and directing in ecclesiastical affairs, and 76 Business enjoined the clergy the presbyters at hand with their advice and assistance in subservience to the same ends. The sepa- Nor do we find any difference in this point between the the two* times before and after the separation of the bishops and clergy, houses excepting this one, that before it they all took the directions difference immediately from the president, and retired in a body ; and point S smce > his grace upon those occasions has either sent up for the whole house, or, which is more ordinary, for the prolocutor with five or six more {reverendissimus, cum consensu confra- trum, voluit, jussit, mandavit, ad se accersiri prolocutor em), and by him conveys to his brethren below the pleasure and instructions of the upper house. But as to the manner, end, or authority of these occasional directions, their division into two houses made not the least difference in them, as will ap- pear beyond contradiction from the registers themselves. 99 Anno 1369, 10 kal. Febr. The clergy having granted a supply on condition to have their grievances redressed, Ai'chi- episcopus voluit, quod clerus et religiosi prcedicti petitiones suas, fyc. in scriptis redigerent, et sibi porrigerent die Ve- neris. Anno eod., 4 kal. Febr. The archbishop having enlarged before the clergy upon the necessity of a decima triennalis which the bishops had granted, tunc injunxit procurator ibus cleri relig. kujusmodi, exhortando eosdem, quod se ad partes in dicta ecclesia transferrent, et concordarent pro dicta de- cima triennali. Anno 1376, Id. Febr. The bishop having proposed certain matters for the benefit of the church, oneravit clerum, in co- rum conscientiis, ut deliberarent inter se quid esset melius faciendum pro utilitate dicta; ecclesia;. Anno 1377, Id. Nov. Dominus voluit quod procuratores comparerent simul in prorfata ecclesia \_S. Pauli] dicto die post prandium, ad deliberand. ad invicem, utrum melius ex- pediat concedere decimas an impositiones. Anno 1379, 5 id. Maii. Reverendissimus pater pro?cepit, quod pyrocuratores prailatorum et cleri exirent dictam domum capitularem, inter se tractaturi super materia convocationis pra>dict(e : quibus exeuntibus, dictus reverendissimus pater cum suffraganeis in eadem domo \capitulari\ secrete tracta- vit super materia predict. Et post tractatum htijusmodi, during the convocation. 77 dictus reverendissimus pater prmcepit procurator i bus quod die Jovis tunc prox. sequente, post prandinm, convenirent ad invicem in domo capitulari praidicta, tractaturi ad invicem super materia convocationis prcedictau et dixit quod ipse et alii confratres mi revenirent die Veneris tunc prox. sequente ad domum capitularem prcedictam, ad effectuin tractandi 100 materiam convocationis prwdicta?. Anno eod., 16 kal. Jim. Dominus, fyc. moneri fecit ibidem publice omnes procuratores proilatorum et cleri, quod die Mercurii prox. tunc sequente in dicta domo capitulari com- parerent simul ante horam nonam, deliberaturi et tractaturi de modo subventionis. Anno eod., 13 kal. Jim. Dominus praifixit procuratoribus ad cornparendum in domo capitulari dictum diem Veneris post prandium, 8fc. ad plenius tractand. super praimissis. Anno 1383, Dec. 4. The pope's subcollector comes to con- vocation and desires a subsidy : the archbishop having en- forced his request, preecepit procuratoribus quod super eodem negotio diligenter tractarent, et finalem responsum sibi et con- fratribus mis prozberent. Super quibus omnibus et singulis, habito inter ipsos tractatu diligenti, procuratores eodem quarto die responsa sua in ea parte finaliter in scriptis re- dacta dicto domino Cant, coram confratribus mis, protunc ibidem existentibus, exhibuerunt. Anno 1404, May 17. Archiepiscopus, fye. continuavit et demandavit aliis preelaiis et clero tunc ibidem praisenti- bus, quod singulis diebus interim ad dictum locum conveni- rent, et laborarent circa reformanda in Cantuariensi ]>ro- vincia. Eod. anno, Jun. 9. Conveniente reverendissimo, Sfc. et ex- positis periculis et necessitatibus regni, tandem procuratores cleri convenientes sub domo capitulari more solito, et ibidem super praidictis per aliquantum tempus tractantes, tandem abinde secesserunt, et convenerunt coram dictis reverendissimo patre et suis suffraganeis, et concesserunt, 8fc; and again in the same year, June 16, upon the request of a grant from the 101 pope's collector. Anno 1 42 1, Maii 7. The chancellors of Oxford and Cam- ' bridge coming to convocation, Reverendissimo patri, et con- fratribus mis, totique concilio commendabant, Sfc. rogantes i 78 Business enjoined the clergy assidue de aliquo congruo remedio pro promotions pauperum studentium in universitatibus hujusmodi, auctoritate concilii, ad tunc inibi congregati, graciose et misericorditer provideri Quam quidem recommendationem dominus et confratres sui gratanter et benevole, tit apparuit, acceptarunt ; et rece- dentibus tunc de mandato domini procuratoribus cleri in domain suam inferiorem, pro tractatibus fiendis in hujusmodi convocationibus consuetam, dominus et confratres sui reman- serunt in domo capitulari prcedicta ; et post tractatum non modicum tarn circa promotionem graduatorum, et studentium in universitatibus prcedictis, quam circa subventionem domino regi faciendam, dominus tandem continuavit, fyc. Anno 1428, Nov. 18. Clerici sectdares et cleri procur at ores ad domum suam solitam de mandato domini recesserunt : dominus vero et confratres sui episcopi in domo capitulari remanserunt per aliquod tempus, de et super certis materiis arduis convocationem hujusmodi tangentibus simid tractantes. Eod. anno, Nov. 23. Lectai fuerunt in publico literal apo- stolicai (soliciting for a subsidy to suppress the heretics of Bohemia) : quibus lectis, dominus cum confratribus suis, 8fc. de et super materia, in dictis Uteris apostolicis contenta, com- municavit, cceteris de clero interim de mandato domini se retrahentibus. Anno 1433, Dec. 1. Reverendissimus pater injunxit clero, 102 quatenus collaborarent et providerent quid fiendum seu di- cendum esset de subsidio concedendo. And again, Dec. 10. Clero dominus mandavit quatenus circa subsidium domino regi concedend. diligenter collaborarent. Anno 1434, Oct. 20. Dominus mandavit Mro. Thomoa Be- kington et aliis diversis de clero, ut articulos illos de generali sententia, qua; consueta est quater in anno per curatos eccle- siarum publicari et solemniter denunciari, conciperent in lin- gua materna sub breviori modo quo piossent. Anno 1438. After the meeting of Oct. 6, upon a proroga- tion, Dominus prcecepit omnibus de clero, quatenus in domo inferiori simul convenirent, et super Mis pro quibus fuerant hac vice convocati diligenter tractarent, viz. pro promotione in universitatibus ordinanda, et pro subsidio pro transmit- tendis ad generate concil. Ferrar. et super his effectualiter responderent. during the convocation. 79 Anno cod., die Martis prox. Dominus mandavit clero qua- tenus super prcemissis effectualiter communicarent ; recita/ndo eis qualiter et quomodo fecerunt at concesserunt prcdati reli- giosi pro expensis transmittendorum ad concil. generale Fer- rar. et suadendo ut, omni postposita in ea parte divisione, ad consimiliter concedend. suos animos applicarent. Anno 1439, Dec. 11. Cedula, Sfc. pro quadam constitutione augmentationis pauperum et exilium vicariarum provincial Cant, auctoritate hujusmodi concilii provincialis facienda ; post aliqtialem communicationem habitam super eadem inter dominos episcopos et prcelatos religiosos de domo superiori, tandem ipsis de clero domus inferioris pro certis in eadem reformandis, nec non pro avisamento et deliberatione in liac parte capiend. extitit liberata. Eod. anno, Dec. 22. Clerus de rnandato domini ad tractand. 103 pro subsidio et aliis materiis supradictis, ad domum inferio- rem se divertebat ; ubi habita inter eos convocatione diutina super prmniissis, tandem ad domum superiorem reversi sunt. Anno 1444, Oct. 22. Dominus pratcepit clero, quatenus pro corrigend. et reformand. per hujusmodi concilium inter se diligenter communicarent, usque ad adventum dominorum ex parte domini nostri regis et concilii sui illic in brevi ad- venturorum. Anno 1529, sess. 7. The prolocutor in the upper house ; mo- nuit reverendissimus, ut conciperentur articuli contra hare- ticos. Eod. anno, sess. 20. Ingressi sunt prolocutor cum diversis archidiaconis ; cum quibus episcopus London, habuit secre- tam communicationem, et voluit eos redire in domum inferio- rem, et ibi tractarent de hujusmodi negotio. Eod. anno, sess. 32. Reverendissimus momdt prolocutorem, Sfc. invicem consultare super articulis ipsis super opinionibus suis. sess. 97. Reverendissimus putavit expedient ut re- sponsiones Jierent ad hujusmodi querelas, [viz. to a certain address presented to the king against the archhishop and bishops] quern libellum tradidit proloquutori ad perlegendum, ut ostenderet opiniones suas de eodem. sess. 104. Episcopus London, commissarius recitavit voluntatem reverendissimi super praidicta supplications, et 80 Business enjoined the clergy voluit prolocutorem, $r. quod concipiant responsa sua in script/is. Eod. anno, sess. 105. The archbishop's commissary pressing 1 04 for a subsidy, monuit prolocutorem ut alios consultaret de eadem materia, et rediret cum responsis suis. Anno 1 534, Dec. 2. Reverendissimus voluit prolocutorem ingredi, ut examinarent libros praidictos, et librurn Tyndal ; et ut ostendant opiniones suas. Anno 1 541, Jan. 27. Reverendissimus ibi tradidit prolocu- tori quosdam libros examinand. et conficerent leges de Simo- nia vitanda. Anno 1558, Feb. 10. The prolocutor speaking to the bishops, episcopi responderunt, quod eis expedire videtur, ut clerus, Sfc. preces faciant dominai regince, ne quid oneris imponatur clero in parliamento illo. Anno 1562. The prolocutor being sent for, and coming up with six others, reverendissimus, de et cum consensu confra- trum suorum hujusmodi, tradidit quosdam articulos in scrip- tis conceptos, mandando quatenus super contentis in dictis articulis diligenter inquirerent, ac quicquid inde invenirent, in scrij)tis redigant, ac dicto reverendissimo porrigant et exhibeant. Anno 1640, sess. 10, j conv. Reverendissimus pater prolo- cutorem et alios de domo inferiori, decanos archidiaconos et cleri procuratores ibidem praisentes voluit ut ipsi inter se convenirent et excogitarent de benevolentia, Sfc. et deinde de canonibus et constitutionibus statum ecclesiasticum, et eccle- sio3 utilitatem concernen. componendis, faciendis, et inter se consentiend. ead. sess. Prolocutore comparente cum octo decanis eum cornitantibus, reverendissimus eos voluit ad conveniend. die veneris prox. tempestive, et adtunc tractand. cum toto C02tu domus inferioris citra benevolentiam sive contributionem 1 05 voluntariam dicto domino nostro regi concedend. et ut ipsi formam articulorum in visitationibus imposterum ministrand. concipiant. sess. 16. De mandato reverendissimi prolocutor cum sex aliis e domo inferiori domum superiorem intravit ; et reve- rendissimus ei tradidit canonem etformamjuramentipertotum coetum domus inferioris considerand. tractand. et consentiend. during the convocation. SI Anno i66\, Nov. 23. Reverendus, Sfc. ad eum accersiri jussit prolocutorem solum ; quo adveniente, dictus reverendus pater tradidit ei partem libri publicarum precum per hujus- modi domum examinat 1 et revis', et in mandatis dedit, up dictus prolocutor una cum clero dicta} domus inferioris dic- tam partem cum omni celeritate qua potuit, revideat, et emen- det si sit necessarium. Nov. 27. Praisidens dedit in manibus dicti prolocu- toris residuar. partem libri publicarum precum, et requisivit dictum prolocutorem, ut ille una cum domo sua eandem omni cum celeritate revideat, et post revisionem hujusmodi prazsi- denti retradat. Dec. 10. Reverendus pater, fyc. voluit ad se accersiri dominion prolocutorem ad revidend. emendationes. Quo ad- veniente, SfC. dictus locum-tenens ostendit dictas emendationes per domum superiorem fact, et tunc et ibidem per lect. et ordi- navit eum ad consulend. domum suam inferiorem de et super eisdem. In drawing down these testimonies of a right in the upper The ap- house to direct the business of convocation, I have designedly of "^mit- waved the committees of the inferior clergy, ordered by the tees reserv- . , 1 , • 1 -i 1 ... ed for the president and bishops, upon particular matters wherein their nex t chap- assistance was necessary. Instances of such appointments are ter * very numerous, and shall be produced at large in the next chapter, which begins the proof of a right in the archbishop and his suffragans to direct the manner, as well as the matter, of proceedings in convocation. In the mean time the foregoing instances*, from the most The infer- ences from ' "After a due examination of the journals it soon appeared that the bishops and clergy always act as one and the same body under one com- mon head, the metropolitan ; whose presence is absolutely necessary in every session : that the clergy's consent to final resolutions being neces- sary by custom, they must in consequence have a distinct place in which to debate, prepare, and form such resolutions : that the metropolitan and bishops may send for them every meeting as oft and on such occasions as they see cause : that they can oblige them to stay with them in their house as long as they please ; and the clergy cannot depart till dismissed in form by the archbishop and bishops : that their lordships have a right to require the clergy to consider and prepare business of all kinds, and to prescribe the methods of doing it below, with the time when they shall return it to the upper house : that in short it is the known office of the GIBSON. G 82 Right of the archbishop and bishops the fore- early accounts we have of these things till alter the restora- monfcs eStl ^ on ' ma y sumce *° shew a right in the upper house to send for the inferior clergy, either in a body, or by the prolocutor, and to direct them to consider or prepare all such business as their lordships shall think fit to recommend to their care : and that, not only at the beginning, but in the whole course of the convocation ; nor only business of an ecclesiastical, but, while that lasted, of a civil nature also : nor was it by way of request, or upon the foot of a mutual agreement between the bishops and clergy, as some late writers have uncanonically represented the correspondence between the two houses of convocation, but both their retirement and deliberation were the effects of an express command, grounded upon the canon- ical authority of the metropolitan and bishops, received by the clergy with all the marks of duty and obedience, and accord- ingly executed without the least appearance of refusal or scru- ple in any one instance. It is needless to explain how unlike this is to the communi- cation between the two houses of parliament ; it is enough, as we go along, to put the reader in mind of making the com- parison, and to reflect withal, how well they had considered j 07 these things, who could first frame the parallel, and then publish it to the world with such a seeming assurance. CHAPTER VIII. The right of the archbishop and his suffragans to order committees of the lower house. The two last chapters shew us how the president, at the head of his suffragan bishops, has at all times, as occasion required, enjoined the inferior clergy to consider and prepare matters according to the instructions they received. But, because the joint debates of the whole body of the clergy may prolocutor to convey the directions of the upper house to the lower, and the answers of the lower house to the upper ; that is, to unite the proceed- ings of bishops and clergy, or (in a late phrase invented by our three-state synod) to keep up the unity of correspondence between them." — The Marks of a defenceless Cause, p. 16. to order committees of the clergy. 83 in some points be unnecessary and inconvenient in others, therefore the archbishop and bishops, the proper judges thereof, at the same time they referred business to the clergy, have frequently determined it to be done by a committee, and commanded a choice immediately for that purpose : on some occasions, to debate alone ; and on others, to attend a com- mittee of bishops appointed for the same purpose : at one time, confined as to the number ; and at another, left to their \ own liberty : in some instances, required to signify to the upper house the names of the persons elected, (which we find [ accordingly done ;) and in others, proceeding to their business without such a report. Which variety of circumstances accom- panying the same act, and all arising from the different in- structions of the upper house, are so many confirmations of a right lodged there, to direct the manner and method of pro- ceedings in the lower house, as they see cause to interpose, and to recommend business to their consideration. i. It has been usual for the archbishop to order the choice 108 of committees out of the inferior clergy, to attend a committee ^eg™ 1 ^ of bishops appointed for the same purpose : so I term it, in the clergy to language of their own actuary, anno 1661, several times re- g 0t ^" llit ^ ee peated, to express the ends for which the committees of the of bishops, lower clergy were chosen. "May 16. Chosen for attending the bishops at Ely-house, four deans, &c. ; May 1 8. Chosen for the review, &c. to attend the bishops, three deans, &c. ; to attend the bishops at the Savoy, &c. to consult about the form of baptizing adults, two deans, &c. June 7. Form of prayer, &c. referred to eight of this house to attend four bishops at Ely-house this afternoon. June 19. To attend the bishops at the Savoy, &c. seven deans, &c." All these were as late as the year 1661, but, as the following testimonies shew, grounded upon the ordinary usage of much elder times. Anno 1428, Nov. 12. Clero et procuratoribus in solitam domum inferiorem de mandato domini recedentibus, dominus Sfc. communicationem habuit de et super provisione seu or- dinatione facienda contra malitiam luereticorum ; et statu a extitit avisatum quod certi episcopi, prcelatique alii, et cle- rici, tarn in theologia quam jure civili et canonico doctores, provisionem kujusmodi seu ordinationem conciperent, et minu- tam exinde redigerent in scripturam. G 2 84 Right of the archbishop and bishops 109 Eod. anno, Nov. 20. Dominus intimavit et in publico decla- ravit, quod diversa negotia ardua, See. in hujusmodi convoca- tion tractari deberent ; et idcirco pro accelerations et cele- riori expeditione negotiorum ipsorum, sibi et confratribus suis videbatur expediens, quod certi proalati religiosi, decanique ecclesiarum cathedralium, archidiaconi aliqui et cleri procu- rators quidam magis providi et discreti nominarentur, qui communicare possent cum episcopis de et super materiis illis; de quo, ut apparuit, omnes reputarunt se contentos. Et tunc dominus assignavit eisdem religiosis et aliis tunc ibidem prai- sentibus terminum ad eligend. personas hujusmodi. Anno 1557, Jan. 24. Voluit revere ndissimus statuta eccle- siarum noviter erectarum, aut mutatarum a regularibus ad seculares, expendi per episcopos Lincoln, $*c. item et Nicolao Wotton, Cant. Sec. ecclesiarum decants, et quai consideranda sunt, referri reuerendissimo quamprimum commode pote- runt. Anno eod., Febr. 4. Upper house book : Quod negotium quo facilius expediri posset, electi sunt episcopi London, Elien, Roffen, Lincoln, et Petriburg, quibus adjuncti sunt sex de domo inferiore ; qui constituerent inter se tarn de quantitate solvend. quam etiam de modo et tempore solutionis. Eod. anno, Feb. 12 or 13. Deinde, quia liber concessionis nondum bene absolutus erat, rogavit reverendissimus, ut dicti London, fyc. cum prolocutore et quatuor ex illis ex inferiore domo [accederent] ad cubiculum reverendissimi in aula regia apud Westm. circa horam secundam, fyc. ubi ulterius delibe- rarunt. Anno 1586, sess. 7, Mar. 10. The prolocutor and all the 1 10 clergy being sent for to the upper house, tandem omnes supra nominati in domum hanc redierunt, excepto domino prolocutore, qui cum eisdem reverendis patribus post disces- sum reliquorum aliquantisper permansit. Ac deinde in hanc domum revertens, cum consensu omnium, ut praifertur, prm- sentium, elegit venerabiles viros, 8fc. ad tractand. et commu- nicand. una secum cum reverendis patribus de const itutioni- bus et decretis, licentia et vigore literarum paten, per domi- nant nostram reginam in ea parte concessarum, stabiliendis pro collectione, fyc. Anno 1588, sess. 3. Dominus prolocutor significavit uni- to order committee's of the clergy. 85 verso cattui, consensum et concordatum fuisse et esse inter dominos prtvlatos superioris domus, quod reverendi patres, domini Winton, 8fc. episcopi, tractarent, statuerent, et deli- berarent de subsidio dominai nostrce regince erogando : et in eundem finem, dominus prolocutor nominavit et elegit venera- biles viros [seven deans, and nine others there named] ut similiter vice ac nominibus tot ins hujus coetus communicarent et tractarent de subsidio fiujusmodi. Anno 1640, sess. 3, Apr. 22. Reverendissimus in examina- tions et correctores libri subsidiorum nominavit [three bishops by name] et voluit prolocutorem et totum coetum domus infe- rioris ad eligendum quatuor vel sex graviores viros de gre- mio suo, ad idem negotium cum dictis reverendis patribus expediend. Anno eod., sess. 5, Apr. 25. Reverendissimus, cum confra- trum suorum consensu, decrevit libitum fore, aliquibus duo- bus epnscopis, cum quatuor e cottu domus inferioris aliquo tempore ad dictum librum examinand. et corrigend. Anno eod. sess. 22. May 23. Prolocutore dimisso, paulo post 1 revertebat cum duobus vel tribus e domo inferiori : et reve- rendissimus in eorurn prcesentiis elegit dominos episcopos Winton. Exon. Elien. et Bristol, ad praisentand. cum ipso instrumentum benevolentiai sive contributionis voluntarioz serenissimo domino regi : et voluit dominum prolocutorem ad eligend. sex aut octo alios domus inferioris ad similiter praisentand. cum ipso prolocutore dictum instrumentum. Anno 1 66 1, May 16. Habito aliquandiu tractatu inter re- ferendum patron \_pro3sidem~\ et reverendos episcopos suffra- ganeos de et super precibus specialibus pro die nativitatis domini nostri regis, 8fc. 29 die mensis jam instantis Mali per quatuor episcopos hujusmodi dominos, vis. in ea parte respective elect, et per octo pradatos sive cleros domus infe- rioris eligend. concipieudis, Sfc. And another committee was appointed the same session, and in the same manner, to com- pile the service of the 30th of January. Eod. anno, Maii 18. Dominus commissarius intimavit D. prolocutori de precibus specialibus et part icidaribus pro bap- tizatione nonnullorum adult, concipiend. et formand. Et pro conceptione earundem, dictus reverendus pater, cum consensu fratrum, tres, 8fc. episcopos elegit, et voluit dictum prolo- 86 Right of the archbishop and bishops cutorem sex cleros e dorno inferiori eligere ad procedendo cum diet is episcopis in dicto negotio. Eod. anno, Jun. 7. A resolution among the bishops about a I service for the fast day, June 12, per quatuor episcopos hujus- modi domus in ea parte respective electos, et per 8 proz- latos sive cleros domus inferioris eligendos, concipiend. 112 Eod. anno, Jun. 19. The president and bishops resolve upon a committee of twelve bishops, and twenty-four of the lower clergy, for the examination of the canons, &c. The bishops being chosen, the president sends for the prolocutor and all the clergy, et omnia et singula prcemissa dicto prolocutori et domui inferiori significavit ; et voluit dictum prolocutorem ad eligendum viginti quatuor e gremio suo ad conveniend. cum dictis reverendis patribus sic, ut prosfertur, electis. Eod. anno, Dec. 13. Reverendus pater una cum confratribus fyc. tractatum habuerunt de eligendo p>ersonas aptas et idoneas tarn ab hujusmodi domo quam a domo inferiori pro diligenti examinatione et revisione libri publicarum precum , 8fc. The president names three bishops, and the prolocutor three of the clergy. Anno 1663, Jun. 27. The president names a committee of bishops to correct the subsidy bill, et voluit prolocutorem et totum caztum domus inferioris ad eligend. nonnullos graviores vivos de gremio suo ad idem negotium cum dictis reverendis patribus expediend. Anno 1664, May 4. A new grammar being brought in, and a committee of bishops appointed for the examination of it, the prolocutor and lower house are sent for ; et reverendissimus voluit eos ad eligend. certum numerum virorum gravium et discretorum e gremio suo ad revidend. et examinand. dictum librum grammaticalem cum dictis reverendis patribus per domum superiorem nominatis. Commit- II. In the same manner, and by the same authority, do we tees of the fl n( j comm ittees of the lower clergy ordered for particular clergy alone . ordered by business, at times when no committees of bishops were chosen. house PPer During the accounts of the old registers, the ordinary way was 1 13 for the archbishop and bishops to refer or commit the consi- deration of such occasional points to the whole body of the clergy, as appears at large from the sixth and seventh chapters. But, to order committees of the clergy. 87 Anno 155.5. The clergy in the upper house, Dominus pro-sex eos remisit ad inferiorem domum, volens ut inter se eligant. viii. vel x. de gravioribus una cum prolocutore, ad audiend. quaidam arcana non solum ex parte regis et reginoz, sed etia m cardinalis Poll, bonum publicum regni et ecclesioz concernen. At the same time. Dominus Elien. vice omnium, (addressing himself to the lower clergy.) monuit, ut eligerent inter se viros doctos, qui examinarent canones omnes ecclesiasticos quos utiles putarent ; si antiqui non sufficiant, novos constituent. Anno 1603, May 2. In the Extracts out of the upper house books we meet with these words : " Bishop of London delivers the prolocutor a book of canons, desiring him to take a com- mittee of eight or ten to consider of them." Anno 1640, sess. 3, Apr. 22. Reverendissimus, Sec. de man- dato regio voluit divinam Dei gratiam implorari, ac for- mulam precis ad eundem effectum per duos doctos et graviores viros coitus domus inferioris, ad hoc per dominum prolocu- torem cum consensu totius costus dictoz domus eligendos, concipi. Anno eod. sess. 10, Maii 13. Reverendissimus pater prolo- cutorem et alios de domo inferiori, decanos, archidiaconos, capitula et cleri procuratores ibidem prozsentes voluit, ut ipsi inter se convenirent, et excogitarent de benevolentia, Sfc. et deinde de canonibus et constitutiouibus statum ecclesiasticum \ et ecclesiai utilitatem concernen. componendis, faciend . et inter se consentiend. Et ut ipsi, pro meliori negotii istius expedi- tione, quosdam graviores et doctiores viros de gremio suo eli- gerent, dictum negotium de canonibus concipiend. subitur. Anno 1640, 2 conv. sess. 3. The prolocutor and six more sent for. Quibus compare utibus, reverendissimus eis signiji- cavit, quod ipse audivit esse quasdam discrepantias inter quosdam clericos citra eorum electiones ; et voluit eos, ut ipsi et alii dictoz domus easdem examinarent et determinarent juxta juris exigentiam et cousuetudines cujuslibet diozceseos, donee aliter ordinatum fuerit. III. The direction of the upper house to the lower for the The names choice of committees has been also accompanied with a further "ons'elect- order to return an account of the persons elected, whose names ed returned we find entered also in the registers of the upper house, house. PPer 88 Rigid of the archbishop and bishops with an express approbation of the choice by the president and his brethren. Anno 1428, Nov. 20. After the resolution for the choice of a committee, Dominus assignavit eisdem religiosis et aliis tunc ibidem prcesentibus terminum ad eligend. personas hujusmodi et ad pra'se>itand. sibi nomina hujusmodi personarum nominandarum in scriptis, which were presented accord- ingly, Nov. 23. And some years before, viz. Anno 1408. It is mentioned as a matter of duty and de- cency, though no particular order was given, quorum 24. p>ersonarum electionem factam idem inferior clerus inconti- nenter arcliiepiscopo et proilatis in domo capitulari, ut decuit, retulit seu fecit referri. 115 Anno 1640, sess. 3, Apr. 22. Dominus prolocutor cum toto ccetu revertens, nomine suo et eorum dixit, se et totum ccetum domus inferioris prcedict. elegisse in examinatores et cor- rector es libri subsidiorum prcedict. cum prafatis dominis episcopis venerabiles viros [the names particularly en- tered.] Quam electionem dominus archiepiscopus et confratres siii approbarunt. The same session : Prolocutor venit et dixit, se, cum con- sensu ccetus domus inferioris, elegisse venerabiles viros [their names] ad concipiend. formidam precis, SfC. Eod. anno, sess. 1 o, Maii 30. After the direction to choose a committee for the canons, et subsequenter Mr. Willelinus Fisher, notarius publicus et domus inferioris actuarius, mihi prafato notario certificavit in fidem notarii, venerabiles viros dom. prolocutorem [with three deans, &c. all particularly named] esse electos cum consensu totius domus ad effectum predict. Anno 1661, Jun. 19. The president, &c. misit pro prolo- cutore et sex aliis domus inferioris ad introducend. nomina e gremio suo elect, de et super negotiis tunc tractaf. Quo pro- locutore una cum sex aliis dicta; domus inferioris adveniente, dictus prolocutor prcesentavit dicto reverendo patri domino episcopo London, schedulam quondam in papiro scriptam, continen. nomina pralatorum et cleri domus inferioris per eos elect, scil. [the names all entered in the upper house book.] Quibus nominibus per me notarium jniblicum, de mandato reverendi patris praisidentis antedicti publice perlect. dictus to order committees of the clergy. 89 reverendus pater acceptavit eorum respective nomina et per- sonas, et dimisit dictum prolocutorem. Sfc. Anno 1663, Jun. 27. The prolocutor declares, quod ipse et 116 cwtus domus inferioris de propositi* diligenter tractarunt seque et totum cwtum domus inferioris elegisse in examina- tores et correctores libri subsidiorum, 8fc. venerabiles viros, fyc. [all the names entered in the upper house book.] Quam electioneni dominus prases et confratres sui approbarunt. In this manner have the archbishop and bishops in convoca- The right tion required committees of the lower clergy in order to treat ^ h g g^ per of any matters they had to lay before them ; either by them- appoint selves, or in conjunction with a certain number of bishops, as teego f t h e the upper house judged most convenient. Nor can I find that lower ; nev ^ r . . . . . . questioned obedience to this their lordships' authority and appointment before was ever scrupled, much less denied, by the inferior clergy 0 f J^9 and any age, before the convocation of 1689, sess. 13, and the last in 1701, sess. 18. Which denials, not countenanced from any one precedent, nay, directly opposed by the numbers we have produced above, ought certainly to be accompanied with very singular circumstances, and some very cogent reasons arising from thence, to make them, I will not say legal, for that nothing under a new law can do against an established usage, but in any measure excusable. This denial from the lower house the last convocation produced a resolution in the upper, not to receive any papers from them till the irregularity of refusing a committee was set right : and this having been since so freely censured as a groundless exception, and their lordships thereupon made the authors of breaking the communication between the bishops 117 and their clergy, I will consider that instance, and the other of 1689, to see whether they afford any circumstances which may cast the crime on their lordships' side, against the author- ity of so long and uninterrupted a usage. I. Anno 1689, sess * I 3* Upper house book: Dominus reve- The refusal rend us pater prases antedictus [viz. eniscopus London~\ pro- 1,1 l68 9 h f d ■* ■*•, _ L -* 1 Ji no grounds posuit prolocntori ad nominand. coetum selectum domus infe- from the rioris convocation is, ad conveniend. cum ccetu selecto superio- res> 1 ' r$Q domus convocation is. in ordme ad inspiciend. acta amba- nnn damnum convocationis ; sed dictus prolocutor responde- bat, se non posse ad id consentire sine consensu coztus domus 90 Right of the archbishop and bishops inferioris convocationis prius habito A little after, domi- nus prolocutor, cum numero copioso domus convocationis, comparuit et declaravit quod dicta domus noluit consentire ad nominandum coetum selectum eorum domus ad conveniend. cum coztu pra>dict. domus superior is convocationis ad effect, supra mentionat. durante recessu convocationis. Now, the archbishop and bishops having in their synods an undoubted right to the advice and assistance of their presby- ters, this act, upon the foundation of primitive practice, was a breach of their canonical obedience. Again, the archbishop and bishops in an English convocation having ever required their clergy's assistance in this particular of appointing com- mittees, and been as constantly obeyed without the least appearance of scruple, that refusal is further aggravated by its opposition to the established customs of this national church. Contrary to which was the prolocutor's suspending Ins com- 1 1 8 pliance till he knew the pleasure of the house ; for this implies that the house had a power, if they thought fit, to refuse : but more directly so, was the final resolution of the house itself. It is true, that refusal is represented by the register under one circumstance, which they seem to have offered as the ground of it, that it was appointed in a recess of the convocation. Which recess was no more than a continuation in the common form, from December 14 to January 24; and if the president and bishops have a right to order the choice of committees to sit in the shorter intervals of sessions, by what law or custom are they restrained from doing the same thing in the longer ? On the other hand, it was not only lawful, but at that juncture very necessary too, for such a committee to have sat upon the business proposed by their lordships, the inspecting the regis- ters of both houses. Because some differences in point of custom and privilege had then happened between the two houses ; and that recess was a proper opportunity to rectify what was past, and by that inspection to prevent future mis- understandings. The refusal 2. Anno 1701, sess. 18. Lower house book: "The arch- mitteehV bishop signifies, in writing, the appointment of a committee of the last five bishops, to meet with any committee to be named by the tion proved lower house, not exceeding the number of ten, to inspect the irregular. ac £ s 0 f DO th houses of convocation to this time." Et super to order committees of the clergy. 91 ea re declararunt et ordinarunt, " That they are of opinion, that their act-books of this session should not be freely in- spected as yet ; their lordships not having expressed the inten- tion of any such inspection."— And then follows an order, " That notice be given to their lordships, that they have not 119 thought fit to appoint such a committee." Supposing that the lower house had a right to judge in The rea- what circumstances it is fit or unfit that committees be ap- ■'""he 1 Nar- pointed, yet the members refusing it at this time seem to rative, par- 1 • 1 TiTi 1 • i ticularly assign a reason that is somewhat strange. Why " not inspected answered, as yet ?" and why were their lordships to give previous notice of their intention ? if it was, that the lower house might have time to frame them into acts, and so make them more accu- rate ; they afterwards altered their opinion of things, when in the Narrative they prize the minutes of 1640, (more confused, Narr.-p.35. I am sure, by many degrees than theirs could be,) even above regular registers k , in point of credit. But, however the mi- nutes of 1701 might be industriously disparaged, to give a colour at least to this their refusal, their own journal says expressly, that the acts of the foregoing session were distinctly read at the opening of the next ; which implies a regular journal ; and the fair copy now in the register's office is said to be, the greatest part of it, if not all, a transcript from those acts. This therefore does not seem to be the reason they abide No inhe- by ; but an inherent power of naming or not naming commit- to^dmttor tees at pleasure. Thus much the journal intimates in the decline the notice to be given to their lordships, "That they have notmen°tof thought fit to appoint such a committee ;" and the Narrative ^|' lr lortl " speaks much more plainly; "We conceive ourselves entirely jvb»r.p.6i. at liberty to admit or decline their appointments of committees as we shall think fit 1 ." This is a clear declaration of their prin- k " They believe it to be an advantage to their cause that they have regis- ters and we but minutes : though we humbly conceive that minutes are not the less to be credited for their being taken upon the place, nor regis- ters the more for their being filled up afterwards upon memory. And yet it is this only circumstance that gives their lordships an occasion to prize the registers as regular and authentic, and despise the minutes as loose and hasty." — Narrative, p. 35. 1 " We of the lower house being a distinct house, and having power to 92 Riijlit of the archbishop and bishops 1 20 ciple ; and, if I mistake not, the foregoing account of commit- tees is as clear a proof that there was no ground to make it either their principle or their practice. The Narrative derives JVai-r. i>.6i. this power of refusing from being a distinct house; but as the third chapter of this book shews the vanity of their claims in general upon that foundation, so the instances of committees to meet the bishops, appointed by express order of the upper house, since as much as before their separation, are a full answer in this particular. No power Another reason they add is, their having power to dissent tive^buT" from the proposals of the upper house. But this is doubtfully only in final expressed. If their meaning be, that they have a right to dis- solutions. _ ,. . 0 . ibid. agree nnally trom any matters depending in convocation, so as to hinder them from passing into synodical acts, I grant it ; but that being confined to the passing of business, does not help them in any point antecedent thereto. Nor can they ever shew, either in this or any other case, that the English clergy in convocation have not at all times readily and reli- giously complied with the directions of their metropolitan and bishops, both as to the matters recommended to their consi- deration, and the methods and circumstances of considering them. The right In vindication of themselves from this charge of irregularity, shops to" *hey sa y further ; " We conceive the only regular way of their take cogni- lordships' knowing the transactions of our house, is by our own transar- voluntary laying them before their lordships." As if their tionsotthe lordships bad only a right to direct the consideration of busi- lower 1 . house. ness, and not a right also to prescribe the time of returning it, and to call upon them to know their resolutions, or what pro- 1 2 1 gress they have made. It is a part also of the very office of a dissent from the proposals of the upper house, conceive ourselves entirely at liberty to admit or decline their appointments of committees as we shall think fit. In this case particularly we conceive the only regular way of their lordships' knowing the transactions of our house is by our own voluntary laying them before their lordships. And if they demand the view of our journals as of right, we have the more reason to insist upon this liberty. " Since their lordships neither mention any particular acts they would inspect, nor assign any particular reason for such inspection, we could see no ground for such a committee, nor could we give instructions for the management of the matter to be considered by it." — Narrative, p. 61. to order committees of the clergy. 93 prolocutor to report to the upper house the result of their debates, as he has frequently explained the grounds and reasons of their resolutions ; and, on the side of the archbishop, to do for him what his grace formerly did in person, that is, to deliver to them his commands, and to moderate in their debates ; and, according to a former observation, to maintain such an inter- [ course as may effectually preserve the synod in an united state, under one president, the metropolitan of the province. Their actuary also is an officer of his grace, and his wages limited by an archiepiscopal decree, and their journals finally deposited in the office of the see, together with those of the upper house ; where recourse may be had equally to both by all the members of convocation. What therefore they mean by the archbishop's detaining from them the journals of the Narr.?.6z. lower house m , to which they had free access upon all occa- sions ; and what by their saying, that they conceive these jour- The jour- nals of right to belong to them, I cannot imagine ; much less "o the^ch- account for them, either from reason or practice : nor can I bishop's conceive in what office they would deposit them, were they put into their own possession. The language they use in this case may be proper in parliament, but sounds strange in an English synod of bishops and presbyters ; the latter whereof, the ma- jority, I mean, of the lower house, have, in this denial of a sight of their registers, even exceeded the pattern they propose, the honourable house of commons. For, as a mutual freedom of recourse to the journals of each house is well known to be the custom of parliament ; so, should any jealousies arise between them, and should the one press for such an inspection of the 122 journals, a refusal from the other would make the cause on that side suffer extremely in the opinion of the world. One thing more they plead in their justification; " That The lower since their lordships neither mention any particular acts they £ ^ ^ e n ,^. would inspect, nor assign any particular reason for such inspec- structions tion, we could see no ground for such a committee, nor could C ommit- we give instructions for the management of the matter to be tee9 - & & Narr. p.6l. m " We might add that it were not unreasonable to expect that their lordships should first restore to us the journals of the lower house they detain from us (which have been requested by us, and of right, we con- ceive, belong to us) before they require the inspection of our present proceedings." — Narrative, p. 62. 94 Right of the archbishop and bishops considered bv it." Their seeiiio- no ground for such a com- mittee resolves into their first plea, confuted before, viz. their liberty to admit or decline their lordships' appointment of com- mittees as they shall think fit. and their right by consequence to judge in what case there is ground for compliance or refusal. But that which follows, their giving instructions for the manage- ment of the matter to be considered by it, is a style familiar enough in parliament, but utterly unknown to the records of convocation. For as the upper house, according to the fore- cited testimonies, from registers as well ancient as modern, have a right to order committees of the lower, in conjunction with those of their own ; prescribing withal the number, and the time and place of meeting, and all this to consider matters of their lordships' own proposing ; so the only end of their appointing such joint committees is to have the assistance of their clergy in discussing or preparing those matters : and in that case, the clergy's taking from the metropolitan and bishops their instructions, what to do and how to proceed, is exactly agreeable both to the original distinction between bishops and presbyters, and to the share that each has ever i 23 had as a constituent part of an English convocation. But if we suppose, according to their scheme, a right in the clergy to refuse their assistance, or, in case they think fit to comply, to send their members under the restraint of special instruc- tions, and by that means prepared rather to stand upon terms with their lordships than to assist them ; whether a meeting in these circumstances would not shew us a coordinate power of presbyters with their bishops, let the world judge. Instruc- When they appoint committees of their own, and upon busi- pe^only 0 " ness depending in their own house, they are then at liberty to when they gi V e what instructions they think fit ; because, as the matters romm'it- to be debated, so also the methods and ends of debating them, tees of are a p within their own power. And in the present case, had their own. r . they thought fit, either before or after the appointment by their lordships, to choose a committee to give them informa- tion from the acts of either house in any point whatsoever ; that choice, and their instructions thereupon, had, without doubt, been very regular. But when the archbishop and bishops, in virtue of their original right to require the assist- ance of their clergy, do call for it in the way of a committee, to order committees of the clergy. 95 to attend a certain number of their own body ; in that case, the directions belong solely to the upper house, and the clergy have no other part besides assisting and advising. Indeed, if matters were to be finally determined in commit- tees, then it would be necessary for the clergy, who would in that case be concluded by their act, to put their members under restraints agreeable to the sense and intention of the house : and this they might do in virtue of their final negative 1 24 upon the archbishop and bishops. But committees are well known to be only for debate and preparation ; and if the lower house think themselves concerned in the matter or ten- dency of their lordships' inquiries, they are wholly free, after the discharge of their duty there, to make what further searches or resolutions they please ; and that also in the man- ner they think most proper, i. e. either in the whole house, or by a committee of their own voluntary choice. What I have observed and replied to is all they urge to The lower justify their refusal of a committee : and I know but one thing p°^ s s ® n " e ^ r more that gives any colour to that act, viz. its being sometimes the choos- said in the iore-cited passages about the appointment ot such on i y to the committees, that it was done among" the lower clerg-y, with the l )ersons or 0 ^ numbers. consent of the house. It was so, after the prolocutor, in pur- suance of the direction from the upper house, had nominated the persons according to the number prescribed ; that is, it was consented and agreed to by the house, that those particu- lar persons should be the committee ; and the same right of consenting they had to the number also, when that was not fixed and determined above. But before 1689 it was never made a question among the lower clergy, whether they should comply with their lordships in the appointment of a committee ; or whether the prolocutor should immediately proceed to the nomination ; or, lastly, whether they should choose any other number than that specified in their lordships' order. The course of such choices, in the lower house, at the same time with the upper, is distinctly described in their journal, 1588, sess. 3. That day's Extracts out of the upper- house books say, 125 " A committee of both houses chosen to consider a subsidy." Accordingly, the execution of it in the lower house is described thus : Dominus prolocutor [upon his coming from the upper house] ftignicavit universo ccetui consensum et concordatum 96 Right dftke archbishop and bishops fuisse et esse inter dominos pradatos super ioris domus, quod reverendi patres [three bishops, named] tractarent, statuerent, et deliberarent de sttbsidio domince nostra; reginai erogando : et in eundem jmem, dominus prolocutor nominavit et elegit venerabiles viros [seven deans, with nine others, named] ut similiter, vice ac nominibus totius kujus coitus, communica- rent et tractarent de subsidio hujusmodi. Necnon consensum et assensum omnium supra nominatorum hnjus domus in elec- tionem suam hujusmodi petiit et sine mora obtimiit. The prolocutor, we see, proceeded immediately to the nomination of the persons ; and no consent was given or asked, but only to the persons so nominated. But in the year 1640, sess. 10, May 13, when the upper house register tells us, that in the business of the canons the clergy were only directed in general, quosdam graviores et doctiores viros de gremio suo eligere, and no particular number was assigned ; then the minutes men- tion the house's consent to the number also, and to the propor- tion of deans, archdeacons, and proctors : consensum fuit ut duodecim e dicta domo, viz. tres decani, tres archidiaconi, duo procuratores pro ecclesiis cathedra libus, et quatuor pro- curators cleri, eligantur pro examinatione canonum ; and then, giving the names of the persons nominated, they mention the approbation of them as a distinct act. 1 26 This is a plain state, as of the general power of the president house° Wer and bishops to order committees of the inferior clergy, so par- chargeable ticularly of the right they had to make their appointment, with conse- 6 which the majority of the last lower house refused to comply; quencesof an( i j^y their refusal gave rise to one unhappy difference in refusing J . a . . a com- that convocation. But yet, as if the blame evidently lay on mittee. ^ g j^ e Q f bishops, and nothing but innocence on the other, their lordships stand charged in the late Narrative with all the consequences of this irregularity. His grace, who had it in his power to censure an act of disobedience, so mischievous to episcopacy and to the constitution of an English synod, with the severity it would have justified, was pleased to signify his own and his brethren's dislike of it in a milder way, by refusing to receive any thing at their hands till that irregularity was set right : and their lordships hoped such gentle methods might bring them to a calmer consideration of what they Narr. p. had done. But so far was this from having the intended S6, 58- to order committees of the clergy. 97 effect", that his grace and the bishops are openly accused of endeavouring, by that act, to cut off all communication be- tween the two houses. A return that good nature and an obliging treatment must sometimes expect to meet with in this world. I know not whether it be worth while to take notice here of the publisher of the Narrative 0 , who tells the world of a posi-p a g. 7 . tion laid down in the first letter, that I knew to be false, viz. the power of the archbishop to order the choice of committees, and the number of which they shall consist. That page and this chapter compared, may make the zealous man more cau- tious for the future, how he charges others with speaking 127 against their knowledge. I will not therefore say he wrote that preface against knowledge; I charitably helieve. and am pretty sure, he wrote without it. CHAPTER IX. The right of the archbishop and bishops to prescribe a time for the return of business committed to the clergy. When the president and bishops have put business into the hands of the lower clergy, in a body or a committee, their lordships have frequently thought fit to appoint a certain time n " The difficulties thrown in our way from this day forward to the day of our prorogation by the king, partly by those of our own house who laboured to disturb our proceedings, but chiefly by the bishops, who en- deavoured what in them lay to cut off all communication between the two houses, were the cause that this address, as well as some other papers prepared to be laid before their lordships, never came to be presented." — Narrative, p. 56. 0 " If we examine these particulars we shall find he has taken care to crowd in some which he knew to be false, in hopes they would pass for the sake of the good company they appear in: such are these ; ' his power to prescribe the time within which they shall return their resolutions ; to order the choice of committees, and the number of which they shall con- sist ; and to determine the right of elections.' The first of these is not always possible to be done ; the two next never were pretended to as of right ; and the last is so far from being solely in his grace, that we are sure it has been exercised by the lower house." — Narrative, Preface by Dr. Hooper, p. vii. GIBSON. H 98 Time prescribed by the archbishop, Spc. for the return of it. In other cases also, they have called upon the clergy for their answers ; who as oft as they were not in a readiness to give it, have desired a further day : a plain acknowledgment of their lordships' title to the disposal of their time. All these will he proved from the registers in a regular deduction of instances, according to the method in which their right to direct the matter and manner of the clergy's proceedings has been already explained. The time I. The president and bishops have frequently prescribed a tunfof the *i me f° r return of the clergy's answers. clergy's an- Anno 1 369, 10 kal. Febr. The archbishop directs the clergy swers ex- . , . . . . . . 7 .» . pressly pre- te draw up their petitions in writing, et quod sibi porrigerent scribed. ( n e y ener { s — ifa quod super eis cum suis confratribus poterit consulere et deliberare. 128 Anno 1373, Decern. 2. Upon a like order it is added, quod responsiones darent die proxime sequenti. Anno 1428, Nov. 20. Et tunc dominus assignavit eisdem religiosis et aliis tunc ibidem prcesentibus terminum ad eli- gendum personas hujusmodi et ad prozsentandum sibi nomina hujusmodi persona-rum nominandaruut. Anno 1433, Nov. 20. Upon the clergy's desire to consult among themselves about the matter proposed, dominus libere concessit ; praicipiens eisdem quatenus circa eadem motiva, cum aliis ab eisdem dependentibus, usque ad diem Jovis dili- genter et unanimiter laborarent. Anno 1434, Octo. 20. The clergy being directed by the pre- sident to prepare business, receive this additional order, quod ip>sis coram eo et confratribus suis ostenderent et exhiberent die Veneris pr ox. Anno 1529, Apr. 15. Reverendissimus recessit a convoca- tion, et commisit vices suas episcopis London et Winton. qui fecerunt responsiones [to a complaint of the parliament] rur- sum legi coram inferiore domo ; qua; petiit copiam earundem responsionum ; et assiguatus est dies Veneris ad inferendas opiniones suas super praimissis responsionibus. Anno 1 541, sess. 2. Reverendissimus tradidit prolocutori quosdam libros examinand. et conficerent leges de simonia vitanda ; et referrent judicia sua proxima sessione. Anno 1555, sess. 2. The commissary puts a copy of a diploma for the return of business. 99 into their hands, volens eos mature consulere, et referre opi- niones proximo, sessione. Anno 1562, Martii 1. Reverendissimus tradidit domino pro- locutor i librum \de disciplined] mandando, quod additis hu- 129 jusmodi cajntidis sic excogitatis, ipsum librum cum additio- nalibus prcedictis denuo exhibeat coram eodem reverendissimo et confratribus suis in jjroxima sessione. II. When the business committed to the clergy was not The cler- voluntarily returned within the time expected, the president f^ e s r gcau. ( and bishops have called for it ; and have also granted a longer for. term for consideration, at the clergy's request. Anno 1417, Decern. 3. Certain persons out of every diocese had been elected (Nov. 26) to consider of methods how to pro- mote the students in the university of Oxford; and, Dec. 3, dominus archiepiscopus petiit a personis supra nominatis si aliquid effectualiter laborassent circa materiam praitracta- tam, de relevamine scilicet studentium et universitatum. Anno 1426, Apr. 17. Dominus petiit a clero utrum ad tunc plene fuissent deliberati, quomodo foret procedendum in nego- tio eisdem, die pr&cedenti, per ipsum recitato ; qui responde- runt quod protunc non plene fuerant advisitati in eadem ; dominus mandavit eis ut ad domum inferiorem redirent, ad tractandum et deliberandum. Anno 1428, Nov. 18. Upon a motion (Nov. 17) that heretics might occasionally be received and imprisoned in the religious houses, when sent thither by the ordinary, the religious desire time to consider : and the next day, dominus petiit a religio- sis, si deliberassent de et super materia supradicta ; qui responderunt, quod non ; sed petierunt adhuc dila tionem de- liberandi in hac parte usque in crastinum : cui adhuc peti- tioni dominus ex consensu fratrum suorum annuit bono corde. Anno eod., Nov. 20. Dominus petiit a religiosis, si adhuc deliberassent de et super materia pra'libata alias eis mini- 130 strata pro deliberatione habenda : qui responderunt, se non- dum plenarie deliberasse in hac parte. Et quia {ut asse- suerunt) materia ilia, ut eis videbatur, gravis erat, ac res quondam insolita et inaudita, supplicarunt domino pro deli- beratione xdteriori in hac parte habenda; ad finem, quod possent communicare cum jurisperitis, ne eis aut eorum privi- h 2 100 Time prescribed by the archbishop, tyc. legiis seu indultis apostolicis prcejudicium aliquod generare- tur. Cui supplicationi dominus adhuc annuens, eis ad plene deliberandum, et finaliter respondendum in hac parte termi- num assignavit, uiz. diem Martis prox. tunc sequentem. Anno eod., Nov. 23. Dominus petiit a religiosis finale re- sponsum fyc. Qui responderunt. ipsos adhuc non deliberasse in hac parte : unde dominus eisdem assignavit terminum ad- huc ad finaliter respondendum in pra j missis, diem, viz. Jovis tunc prox. Anno X433, Nov. 17. Pr&sidente reverendissimo patre, 8fc. et examinato clero quid adhuc in prwfatis motivis et dubiis cum suis incidentibus esset finaliter sentiendum ; responsum extitit per magistrum Thomam Bekyngton prwlocutorem, non complete adhuc deter minatum ; and thereupon the archbishop continued the convocation to a further day. Anno 1439, Dec. 22. Dominus petiit responsum finale a clero reddend. qualiter deliberati fuerint quoad subsidium prwlibatum concedend. domino regi : et incontinenti Mr. Ri- cardus prolocutor cleri, nomine totius cleri hujusmodi, domino quandam cedulam Sec. prcesentavit. Anno 1444, Oct. 24. Dominus petiit responsum a clero, qualiter deliberati f iterant, quantum ad subsidium et quid sentirent de litera regia pro die translatio)tis S. Ed- 1 wardi, fyc. Upon which the prolocutor makes his report to the president and bishops. Anno 1 529, sess. 33. Dominus prolocutor petiit longiorem terminum ad consultandum de articulis prcedictis : unde re- verendissimus assignavit horam primam ejusdem diei. Anno eod., sess. 34. Intromit prolocutor et clerus, dicentes, se non habere tempos consultandi, et petierunt longiorem ter- minum; et reverendissimus concessit horam secundam ejus- dem diei. Anno eod., sess. 45. Intravit prolocutor, et petiit dilationem super eisdem const itutionibus legendis ; et reverendissimus concessit usque in proximam sessionem : in the foregoing ses- sion there was put into the prolocutor's hands, libellus quarun- dam constitutiomim examinand. Anno eod., sess. 47. Prolocutor petiit longiorem terminum super constitutionibus. Anno 1557, sess. 5. Praisidens, 8fc. advocato prolocutore, J- f 1 for the return o f business. 1 01 rogabat quid clerus deliberasset de subsidio : qui eorum no- mine respondit, omnes cequum sentire, Sfc. but that they had not agreed de modo et tempore solutionis. Ideo rogarwnt, ut alius dies ad deliberandum statueretur ; qui datus est, viz. dies Mercurii prox. sequens, hora secundapost meridiem. The inferences from these appointments of time by the inferences bishops, and requests for a further day by the clergy, will be j-™"*^ obvious to every reader, without my leading him to them, testimo- For there cannot be more plain and direct testimonies of any mes- thing, than these are of the general influence and authority of the upper house over the business of convocation, and particu- larly over the debates and consultations of the inferior clergy : who would not have petitioned for a respite of their answer 132 and report, or offered reasons why they could not be ready against the time appointed them, but that they knew it was in the power of their superiors to require it then, and were desir- ous to satisfy their lordships that their not being able to give it was not want of duty, but purely of time. Nor would they have requested, in the last instance, ut alius dies ad delibe- randum statueretur, had it been in their own power to meet and deliberate on intermediate days ; which may deserve the consideration of those who have been such zealous advocates of late, not only for meeting and doing business in the intervals of sessions, for that the clergy have often done, and are bound to do at the command of the upper house, but also for an inhe- rent power in themselves to come together on those days, to act in all respects as a house, and to compute such meetings among the synodical sessions. Which, not only without their bishops, hut in defiance of them, are an uncommon separation of a synod, and cannot be seen or considered by any impartial man without bringing to his mind a presbyterian assembly. The same persons may also please to observe how ill these instances of the upper house's authority in point of time agree with their new scheme of alliance between the honourable house of commons and the lower house of convocation. And particularly the publisher of the Preface may know from hence, that I wrote not like him, at all adventures, much less, as he lays the charge, against my own conscience, when 1 asserted this power of prescribing a time for the return of their an- swers. 102 Right of the archbishop and bishops 133 CHAPTER X. The right of the archbishop and bishops to require the answers of the clergy in writing. That the upper house have a power to prescribe the time within which the answers of the clergy shall be returned, has been proved in the foregoing chapter ; and the design of this is to shew their right to direct the manner of their answers ; particularly to require a report either verbal or in writing, as then' lordships shall judge most suitable to the nature of the The last business recommended to their consideration. For upon this refused to P om t it is that the difference in the last convocation about con- answer in tinuations or adjournments remains, as to the two houses, undetermined to this day. The archbishop and bishops drew up the reasons of their claim in writing, and delivered them to the inferior clergy ; not only expecting, but directly insisting upon a written reply. This was refused by the majority of the lower house ; who resolved to return no answer in writing, but only viva voce at a free conference with their lordships : and there the matter rested upon this general question, whe- ther the upper house have a right to require of the clergy an answer in scrijMs ? which I conceive the following instances clearly determine. The cler- Anno 1396, 10 kal. Febr. The clergy having granted a sup- gation to ply on condition to have grievances redressed, archiepiscopus writing 111 vo ^ u ^> quod clerus et religiosi petitiones suas super dictis when re- injuriis, violentiis, et gravaminibus, in scriptis redigerent, et l uired ' j-^sibi porrigerent in die Veneris. Anno 141 1 , Dec. 2. The archbishop directs the proctors of the clergy, if they had any grievances to offer, quod vellent et deberent citra diem Veneris extunc proxime futur : coram con- vocatione dominorum in domo capitulari seriosius intimare. And on Friday, coram archiepiscopo, $*c. comparuerunt procuratores cleri,qui plura referebant gravamina ; allegan- tes quod de tot et tantis se sentiit clerus malis pergravatum, (j nod nisi in scriptis contineantur, non ])ossent defacili recen- seri. They retire, and the archbishop and bishops debate about the grievances. Returning about eleven o'clock, per dominum archiepiscopum adtunc mandabatur, quod citra proximum diem convocationis exhibeant et declarent articu- to require answers in writing. 103 latim gravamina sua in scriptis redacta. Grievances and sub- sidies were the chief things that came from the clergy in those days ; and this, with other instances of the same kind upon Vid infra that head, shews that it was not the ordinary way to oifor cap ' I2 ' their grievances in writing, except they were required to do it by the archbishop and his brethren. Anno 1428, Nov. 20. Dominus assignavit religiosis, et aliis tunc ibidem praisentibus, terminum ad eligeud. personas [viz. a committee] et ad prcesentandum sibi nomina hujusmodi per- sonarum nominandarum in scriptis. Eod. anno, Dec. 7. Et quia clems provincial, prout tunc ibidem recitatum erat, fyc. sentiit se gravatum ; ex com muni deliberatione domini et confratru m suorum, ac totius concilii, extitit avisatum, ut gravamina hujusmodi concipi deberent, et redigi in scripturam. Anno 1434, Oct. 8. The archbishop, in explaining the causes 135 of calling the convocation, reckons up several grievances of the church : et tunc habita comniunicatione super hujusmodi gravaminibus, ordinatum erat tunc ibidem, ut hujusmodi gra- vamina, ac alia quaicunque in quibus clerus se sentiit gra- vari, necnon si qua} forent crimina et excessus infra clerum usitat. quae necessaria reformatione indigerent, in scriptis redigerentur. Anno 1452, Feb. 15. Prolocutor interrogatus a reverendis- simo patre, an quicquam voluisset pro parte cleri in ecclesin Anglicana reformatione dignum proponere ; coutinuo et quasi ex insperato quamplurima, fyc. proposuit. Et quia non erat facile singula, per ipsum ibidem exposita, memorial, quai ad- modum labilis est. conuueudare, idcirco admonuit eundem prolocutorem reverendissimus pater, ut singula, per eum in hac parte proposita, redigeret in literas, et concilio traderet plenius et matur ins super eisdem deliberatur. Anno 1460, May 13. Propositis coram reveremlissimo pa- tre, et aliis in dorno capitulari protuuc ibidem existentibus, quibusdam articulis per prolocutorem viva voce, dictus reve- rendissimus pater decrevit hujusmodi articulos sic viva voce declarat. in scriptis redigi. Anno 1529, sess. 104. Episcopus London commissarius re- el tauit voluntatem reverendissinii super praidicta supplica- tions, [viz. an address of the house of commons to the king] et 104 Right of the archbishop and bishops voluit prolocutor 'em, S,'c. quod coacipiant responsa sua in scriptis. Anno 1557, sess. 3. Deinde monuit locum-tenens prcelatos inferioris domus, nt ipsi exhiberent in scriptis quod reforman- dum putarent. 136 Anno J 562, when the Thirty -nine Articles were settled, Feb. 19. Reverendissimus, de et cum consensu fratrum suo- rum, tradidit quosdam articulos in scriptis conceptos ; man- dando quatenus super contends in dictis articulis diligenter iuquirerent, ac quicquid inde invenerint, in scriptis redigant, ac dicto reverendissimo porrigant et exhibeant. Anno 1588. Dominus prolocutor universo co?tui significavit voluntatem reverendissimi cceterorumque prailatorum superio- ris domus esse, quod si aliquis hujus domus noverit quenquam ministrum de quo juste conqueri jwssit, quod contra leges ecclesiasticas, nunc temporis auctoritate legitima receptas et approbatas, se gessit et gerit ; aut si aliquis noverit quen- quam qui canones in ultima convocatione approbatos et edi- tos violaverit ; eosdem in scriptis denunciarent reverendis- simo domino Cant, archiepiscopo caiterisque dominis prozlatis prazdict. pro debita correctione et reformatione in ea parte fienda. Anno 1640, sess. 2. Archbishop Laud having recommended to the clergy the consideration of certain canons and constitu- tions, adds, et quicquid inde senserint sive excogitaverint, in scriptis redigant, et coram ipso reverendissimo et confratribus suis episcopis exhibeant. Ead. conv., sess. 3. Reverendissimus, Sec. schedulas domino prolocutori tradidit, co?tui domus inferioris proponendas, le- gendas, et publicandas ; cum monitione. quod capias earwm cuicunque tradere minime prossumat. Et si aliquis dictat domus aliquid dictis capitulis contrarium proponat, porrigat in scriptis, et in manus domini prolocutoris domino archiepi- scopo et ceteris episcopis domus superioris exhibiturum, ut ipsi de eisdem consultarent. 137 Thus has the practice of convocation stood; and it is cer- The state tainly agreeable to the natural reason of the thing, that they of tluscase J & .,.„,. , between the who have a right to direct the consideration or business, and in the°last S to P rescr i De a ^ me f° r returning it, should also be the proper convoca- judges whether the purposes they have in their eye be most tion. to require ouxivcrs in writim/. 105 effectually answered in writing, or by a verbal report. Not to insist therefore upon the evident necessity of writing in this case, upon a point wholly new, to be determined from records, some of which are very obscure and imper fect, and where a diligent examination and comparison of all particulars was absolutely necessary ; nor yet to observe, that the refusal of so fair a method is a strong presumption that the advocates them- selves distrusted their cause : not, I say, to insist upon these, however of moment towards the justification of their lordships, the case, and all the consequences of it, depend principally upon this, whether the archbishop and bishops have a right to require the clergy as oft as they judge it expedient, to bring their answers in writing? because, if that right be vested in them, the refusal on the other side was a manifest violation of it ; and so the refusers became obnoxious to the censure of the upper house, and chargeable with all the mischiefs arising from that act of disobedience. For so 1 must beg leave to call it, after so many plain precedents of a command to the lower clergy to put their opinions in writing, without any one mark of doubt or scruple whether it should be complied with, before the last convocation. And then indeed it was not only a scruple, but a flat denial, and a peremptory resolution not to descend to any particulars upon the point of continuation but 138 in the way of a free conference. Upon the proposal whereof by those of the lower house, sess. 1 2, with a declaration of their lordships that they insisted upon an answer in writing, it was put to the question, sess. 13, "Whether the house would give their answer in writing at large or desire a free confer- ence," and carried for a free conference. Again, sess. 14, it was resolved, that an humble application be renewed to their lordships for a free conference. This is a new term, borrowed from the proceedings of par- Free con- .'• liament, and never known in any convocation before the last, [g^^f The acts frequently speak of the colloquia and tractatus known in which the archbishop and his brethren had in the upper J", 1 ^ 003 ' house, with the prolocutor and some of the inferior clergy ; or, if their lordships so ordered it, with the prolocutor alone. But I do not remember, in all the registers before 16H9, any in- stance of the clergy's desiring a conference of any kind, except No such one in the year 1 66 1 , the circumstances whereof were widely free confer " J ' J ence ever 106 Right of the archbishop and bishops desired by different from the present case ; and they were then very far the clergy. ... . . J ,. "L . irom insisting upon it, against the express resolution of the upper house. The occasion was this : during the consideration of the liturgy, the lower house had certain emendations ready to be carried up to their lordships. Dec. 12, dominus prolo- cutor, cum consensu, ut asserebatur, totius domus inferioris ad pra'sidentem et domum superiorem missus est, ad petend. se cum tribus vel duobus aliis e domo inferiori admitti ad conferend. cum dominis episcopis in domo sua seden. Dicto- que prolocutore, 8fc. admisso et adveniente, dictus prolocutor prasentavit domino prcesidenti, et tradidit in manibus suis, i^gnonmdlas papiri schedas, emendationes alicujus libri publi- carurn precum concernen. These were read, debated, and approved ; and then the prolocutor, &c. was dismissed. The occasion of their making this request, seems to have been a necessity of their explaining to their lordships the grounds and reasons of some of the alterations they had then made. But what is all this to such a free conference as is practised in parlia- ment, and was now proposed by the inferior clergy ; in which managers of both sides were to be appointed, with special in- structions from each house. The prolocutor in 1661 desired to confer with their lordships, who thinking it in that particu- lar a proper way of receiving the sense of the lower house, immediately admitted him. But neither he nor the house insisted upon that, as the only way in which they would give their opinions, much less did they resist an express command from their lordships to put them in writing ; which was the case in the last convocation, and very unlike the dutiful pro- ceedings of the clergy who assisted in that revisal and esta- blishment of our liturgy. Inferences As to the case in hand, their lordships had undoubtedly a in vmdica- right i Q require the answers of the lower house in writing ; tion of their B . . . . lordships, and judging it a necessary method of coming to a true state of the point of continuations then in dispute, did insist upon their right, and directly required obedience. On the other hand, the clergy refused to do it, and persisted in that refusal ; and not only so, but proceeded also to the irregularities of adjourn- ing to different days, and by the consent of their house. After- wards, as if the obstruction had laid wholly on their lordships' 140 side, they passed a formal vote, May 22, for a request to their to require answers in writing. 107 lordships, pressing them to put some end to the present differ- ence between the two houses in relation to their prorogations and adjournments. Considering how themselves were then in a state of contempt, upon refusing to comply with the lawful commands of their superiors, and that nothing but this their refusal put a stop to the measures of accommodation, I appeal to any impartial man, whether that motion, intended to be made to the upper house, was fit to be offered any where but in the lower, in which the obstruction solely lay. CHAPTER XI. The right of the president and bishops to take to them the assistance of persons learned in the law, Spc. Besides the opinion and assistance of the inferior clergy I acting in conjunction with the president and bishops, as mem- \ bers of the same convocation, their lordships have a separate power to advise with counsel either in the common or civil law, upon any difficulty in the course of their proceedings ; in cases, more especially, where there is any danger or appear- ance of their interfering with the statutes and customs of the realm. The manner of taking their advice has been either by admitting them to the debates of the house, or appointing a select number of bishops to lay before them any doubts or dif- ficulties that were in their way, and to desire their opinion. Anno 1 41 9, sess. 3. Coram archiepiscopo, 8fc. adductus fuit 1 quidam Ricardus Walker, Src. quern, ut asserebatur, prior ecclesiaz cath. Wigorn. tanquam sortilegum, et de sortilegio suspectum, Src. apprehenderat Being examined, he was remanded to prison, usque deliberari posset per jurisperitos qua pozna talis sortilegus esset per jurisperitos puniendus. Anno 1425, Jun. 8. Two heretics remanded in the same manner, donee reverendissimus pater, de concilio et avisa- mento confratrum suorum, ac jurisperitorum, deliberaret quid cum eis faciend. censeret, et si in poznam relapsus cecidissent necne. Anno 1428. Upon the question, whether the religious should receive heretics as prisoners into their houses, the register 108 Lawyers advised with adds, et quia, ut asseruerunt. materia ilia, ut eis videbatur, gravis erat, ac i~es qiuvdam insolita et inaudita, supplicarunt domino pro deliberatione ulteriori in hoc parte habenda, ad finem quod possent communicare cum jurisperitis, ne eis aut eorum privilegiis sen indultis apostolicis pra'judieium aliquod generaretur. Anno 1460, Maii 20. Administratis per Mr. Johannem Stoks prcelocutorem, 8fc. certis artieulis utilitatem regis et regni Anglioz et defensionem ecclesice Anglicana- concementi- bus, reverendissimus pater cum consensu suorum confratrum in dicta convocatione prcesentium, elegit certos vivos praiemi- nentis sciential, viz. magistros Rob. Styllington, fyc. legum doctores, ad interessend. pertractand. et consiliand. cum eis de et super Imjusmodi articulis ; coram dicto reverendissimo patre, et suis confratribus, fyc. Anno 1586. sess. 3, Mar. 3. Lower house book: dominus 142 prolocutor signijicavit prwsentem voluntatem reverend issimi ac aliorum dominorum pradatorum de benevola contributione, 8)'c. et quod de Jtujusmodi libello concipiendo maturior delibe- ratio cum jurispcritorum consilio habeatur. Anno 1640, sess. 12. May 16. Upon a debate concerning the fees for churchings, &c. reverendissimus, cum consilio et as- sensu pra'latorum et con fratrum suorum, negotium hujusrnodi attornato generali domini regis significand. fore decrevit. ut ipse de aliquo remedio pro eis in hac parte curaret. Eod. anno, sess. 13. Reverendissimus, cum confratrum con- sensu, elegit dominos episcopos Elien. et Bristol, ad consulen- dum cum titroque dominorum justiciariorum primariorum citra certas clausidas et verba in canonibus contra recusan- tes. They make their report, sess. 15, that sir Edward Little- ton advised, ut quondam verba in isto canone expwngerentur, et alia verba magis apta in loco eorum conscribereutur. Eod. anno, sess. 25. Reverendissimus in prcesentiis domini Joliannis Lamb militis, 8fc. qui ad informandum reverendis- sirnum et episcopos vocati sunt, tractavit cum domino prolo- cutore citra canones. Anno 1 66 1, Jan. ult. A question arising, whether the bishops might be present in the house of lords in causes of blood, con- cordatum et ordination fuit, de et cum consensu totius domus [superior is], ad consulend. jurisperitos tarn in for 0 seculari in the proceedings of convocation. 109 (jiimii in curiis civilibus et ecclesiastic is versatos, de et super dicta qucestione sive argumento, erga proximam convoca- tionem. Anno 1662, Apr. 12. Habito tractatu de subscription ibus clericorum instituendorum, 8rc. dominus episcopus London prcesidens, §•<;. curam commisit reverend-is patribus, Src. ad 143 consvlend. jurisperitos de concipienda forma in scriptis in et circa subscript ionem praidict. I produce these evidences to justify their lordships from the Applicatiou • • , /., !•• • • 1 1 i. ofthese reflections cast upon them, tor declining to join the lower nouse testimo- in the censure of Toland's bookP. The history of which case, nles - with the reasonableness of what they did therein, is set forth at large in the history of the proceedings of the upper house ; and comes no otherwise under my consideration, than as their lordships appear from hence to have acted agreeably to the practice of convocation, in advising with counsel, and upon that advice determining themselves. The penalties of the statute, 25 Hen. VIII. c. 19, upon the The neces- extent whereof the question depended, are very great ; and if fngrecoiu'Ie incurred in convocation, would have affected the whole body °f t £ c0 "^ el the clergy of this province. And therefore my lords the bi- censure of shops, the governors of the church, could not involve the books- clergy, either of this or future times, in a difficulty of that na- ture, by omitting any methods of informing themselves whether the act could be clearly warranted in law. And who were so fit to be their guides in that point as counsel learned in the law? to whom recourse has been ever had in all doubts of the same nature; as it was particularly in the convocation of 16.S9, and upon this very question too, viz. the power they had in law to pass a censure of this kind. As their lordships must be presumed to have taken the ad- vice and opinion of the ablest men in the profession, and such withal whom they knew to be persons of honour and integrity ; so it becomes not me, or any other person so little entitled to 144 accomplishments of that kind, to call in question either the justness or the conscience of that opinion. The Narrative of the lower house says, " that though some eminent lawyers were against it, there are others, perhaps as eminent, who are of a p See Synodalia, vol. ii. pp. 699, 703, 705, 706. 110 Lawyers advised with contrary opinion 1." It may be so, but did my lords the bishops understand so much '! or suppose they had, such a difference in opinions is no uncommon thing ; nor must we in many cases ever determine ourselves, if we stay till all men be unanimous. Their lordships, therefore, having applied to those of the pro- fession in whom they thought they could entirely confide, had reason to acquiesce in the judgment they gave : especially when they were so expressly warned, that the effects of their acting against it were to reach the whole body, and so themselves be- came thereby much more inexcusable for endangering that body, after a cautjpn given them by such competent judges, and upon so much deliberation. Their re- But the statute being a restraint upon the convocation only, ingthe'ca^e anc ^ no * u P on the ecclesiastical courts of every bishop confirmed to the bi- and established by law, their lordships, desirous to discourage diocese the publication of such books by all methods consistent with agreeable the clergy's safety, recommended that matter to the bishop in practice of whose diocese the offender resided, and who upon that account tion OCa had a right to summon and prosecute him in a legal way : a method that we find taken, in cases of that kind, even while the convocation had an indisputable right not only to judge of heretical doctrines, but to convene, censure, and punish the heretic. Anno 1416, May 23. One John Barton, of the diocese of Lin- 145 coin, was accused of holding heretical opinions; and, May 26, the register says, prafatus dominus Johannes Barton per do- 1 " We were as far from proposing to their lordships to censure the book judicially, as we were from presuming so to censure it ourselves. We only represented our opinion, and prayed their lordships to give it coun- tenance by their concurrence, and to advise and direct us what course might be taken by us to procure the suppressing that book that we had laid before them, and providing that no more such books might be pub- lished hereafter. For which purpose we could have suggested divers other expedients besides a judicial censure of the book, if we had not thought it more dutiful and more becoming us to submit the finding them to their lordships' wisdom. But had a judicial censure been desired, though some eminent lawyers were against it, there are others, perhaps as eminent, who are of a contrary opinion. And if a license from his majesty were abso- lutely necessary, we presume their lordships might, without much diffi- culty, have obtained one; and the cause was worthy their endeavour." — Narrative, p. 52. in the proceedings of 'convocation. m minimi (kintuariensem fuit deliberatus reverendo patri Phi- lippo Lincoln episcopo, ut ipse procederet contra enm secun- dum canonicas sanctiones. Again, at the conclusion of the same convocation, we find this entry : Memorandum, quod Ds. Robertus Chapell, fyc, post dictam convocationem ftnitam, etiam ex deliberatione et consilio pradatorum inibi existent iwm, fuit remissus ad epi- scopum Roffensem, ad effectum quod ipse procederet contra mm, prout de jure fuerit proced end. Anno 1428, July 16. The rector of Heggely, of the diocese of Lincoln, being examined in convocation, tandem dominus mandavit ut idem Robertus traheret se ad partem, et ordina- vit ut conf rater suus episcopus Lincoln, fyc. procederet contra eundem, ut ordinarius suus in hac parte. Anno 1430. Mar. 2. In the case of one Thomas Bagley, ac- cused of heresy, dominus videns quod ipse et confratres sui nihil possent proficere in eo ad adificationem animce sua}, mandavit domino London, ut ipsum recuperet, et contra eum procederet, secundum quod in hac parte dictaverunt sanctio- nes. And Mar. 5. Dominus assignavit eidem Thomai diem Ve- neris tunc prox. ad audiend. sententiam ferend. contra eum, per dominum Willielmum London ordinarium suum, pro eo quod in dicecesi sua extitit beneficiatus. Anno 1463, July ] 6. An accusation being brought in against one of the diocese* of Winchester, dominus commisit eum con- fratri suo Willelmo Winton episcopo puniend. And in the very convocation of 1689, the right reverend the 1 bishop of London presiding, and the present bishops of Ro- chester, Winchester, Exeter, and Worcester being then mem- bers of the upper house, this method was marked out to them, as appears from the declaration they then made, viz. Anno 1689, sess. 13. The prolocutor and lower clergy being sent for to the upper house, Reverendus pater prceses eis decla- ravit ad effectum sequen. scil. quod conscii fuerunt diversas esse clausulas perniciosas in libris alias penes eos ex di- rectione dictm domus relict, sed informati sunt per juris- peritos utriusque juris, proprias esse curias judiciales pro punitione delictorum hujusmodi. I do not mention either this or the foregoing instances as agreeing in all respects with the present case, but only to show lis The gravamina and reformanda the readiness of their lordships, upon a reasonable apprehen- sion of danger to the church and clergy from the measures proposed, to enter upon such other methods as the laws of the land would permit, and they were sure the practice of convoca- tion would justify. Thus far we have seen the clergy in convocation debating, preparing, and returning matters immediately recommended to their care by the president and bishops, and considered in the manner and to the purposes directed by their lordships. Our next business is to show the rights to which the clergy are entitled by the constant practice of convocation, and the regard that upon the same ground is due from my lords the 147 bishops to their application and advice ; with the interest they have in the final issue of all synodical acts. These, I think, come under the four following heads, viz. their right I. To present their own and the church's grievances to the president and bishops. II. To offer to their lordships their petitions of any other kind. III. To be with them as a part of the judicature upon per- sons convened and examined in convocation. IV. To dissent finally from any matter, so as to hinder its passing into a synodical act. CHAPTER XII. The gravamina and reformanda in convocation. The grava- I. From the niost early accounts of proceedings in convoca- OTnsWered t^ 011 '' i* appears to have been usual for the clergy to lay before r " The right of the clergy to present to the upper house their petitions and grievances for redress, is asserted at large in two entire chapters of the Synodus Anglicana. The Acts abound with applications of that kind : as to the matters of them, all the articuli or gravamina cleri, so presented to their lordships, consisted of sucli heads only as directly and imme- diately concerned the rights and immunities of the lower clergy. The clergy therefore of former days — knew no way by which their grievances in convocation. 118 the president and bishops the grievances under which they la-andpre- boured, and with a dutiful submission to the judgment of their the subsi lordships to pray a redress. These were styled the gravamina, dies - or articuli cleri, and chiefly concerned matters relating to juris- diction and their civil property, viz. the encroachments of the lay-officers, the exactions and other irregularities of ecclesiasti- cal courts, and such like, called frequently upon that account injuria}. Sometimes, therefore, the redress of them made an express condition of the subsidies they granted; and accord- 148 ingly, in some instances, we find them presented to the court together with the subsidy bill, and the king's answer afterwards reported by the president. Anno 1369. Concesserunt domino regi decimam biennalem solvendam eidem domino regi infra biennium a tempore dictce concessionis numerandum. Sub istis tamen conditionibus adjectis et additis per dictum clerum, viz. quod dictus domi- nus rex injurias et violentias ac alia gravamina viris eccle- siasticis in enervationem libertatis ecclesiastica' per ministros regios multipliciter attemptata, et per ipsum clerum in scri- ptis redigenda, et dicto domino archie piscopo, et per eum do- mino regi porrigenda, corrigat et reformet. Et tunc dictus dominus archiepiscopus voluit quod clerus et religiosi proz- dicti petitiones suas super dictis injuriis, violentiis et grava- minibus in scriptis redigerent, et sibi porrigerent, 8fc, quod super eis cum suis confratribus poterit consider e et delibe- rare, et eas, habita deliberatione hujusmodi, una cum conces- sione decimce biennalis prcedictOB dicto domino regi intimare; could be regularly represented in convocation, but in the articuli cleri, nor any place where these could be offered, but the upper house. " Their lordships, after mature deliberation, either suspended them for some time, or else, approving them, conveyed them by the hands of the archbishop to the king, in person, in parliament, or in council ; when the matters to be redressed came not within the ordinary authority of their ecclesiastical superiors. In which cases the petitions ran in the name of the clergy alone, as the matter of them only concerned the inferior orders. And upon these circumstances (their relating purely to the rights of the clergy, and though directed to the king, &c. yet constantly presented to the upper house) I build the necessity of the clergy's laying all petitions, to whomsoever directed, immediately before the upper house, for their ap- probation and the conveyance of them to the proper hand." — The Pre- tended Independence, fyc. p. 80. GIBSON. I 114 The gravamina and reformanda et assignavit dictis clero et religiosis diem Sabbati prox. seq. ad comparendum coram eo in dicta capella hora prima, volun- tatem regiam super dictis petit ionibus, et etiam grates regias pro dicta concessione, quas reportabit, audituris. Et ad hoc faciendum continuavit dictam convocationem ad diem Sab- bati supradictum. Anno 1373, Dec. 2. Upon the clergy's motion to have their grievances redressed by the king, they were directed to consi- der of a subsidy, et quod interim informarent petitiones suas super reformatione injuriarum, ut eas conciperent in scriptis, quodque responsiones darent die prox. sequenti. i Dec. 8. The bishop of London presiding, coram eo procuratores cleri ibidem comparentes, decimam, Sec. conces- serunt, ac dictam concessionem in scriptis dicto domino Lon- don, episcopo porrexerunt, una cumquibusdam supplicationi- bus pro reformatione quarundam injuriarum ecclesias Angli- cana' illatarum in eadem scripjtura content. Anno 1376, non. Febr. The grievances were presented to the president and bishops ; and 1 2 kal. Martii we find the archbishop making his report to the king's answer pradatis et clero. et habita deliberatione per dictos prailatos et clerum super liujusmodi responsione dominus continuavit, fyc. And again, 2 kal. Martii, I suppose upon some further appli- cation made by the clergy, the archbishop acquaints them with the king's readiness to comply with their petitions, eas salvo jure corona; suoj feliciter expedire. Anno 1379. 4 kal. Martii. Pra-lati et clerus concesserunt domino regi, fyc. rogando dominion regem, quod injurias et gravamina illata ecclesia? et viris ecclesiasticis faceret revo- cari. Anno 1384. At the end of the convocation, clerus porrexit certos articulos, petendo remedium ; et concessit medieta- tem, Sec. Anno 1 42 1. The archbishop's official, in the name of the rest, produxit unarn cedulam papiri, formam concessionis unius integral decimal contrnentem, fyc. cum hoc quod per dominum regem, auctoritate parliamenti tunc apud Westm. prcesentis, posset adhiberi remedium certis gravaminibus eis illatis. In these and other instances the clergy, who had a right to in convocation. 115 petition for redress, were willing those petitions should accom- J 5° pany the grant, hecause that made them sure of a favourable answer. But this was not constantly observed ; nor were all the grievances addressed to the king, but many of them ulti-The grk-v- mately to the archbishop and bishops, when the matter thereof ^J)^ ° d _ concerned their courts, and so the redress was in their lord- Messed, ships' power. We find also, anno 1 399, Oct. t i , mention made of such articles offered to the pope, in a case, we may imagine, that was not otherwise to be reformed. Decanus ecclesice Hereford, articulos de mandato domini archiepiscopi palam et aperte perlegebat. Et quia in dictis articulis contine- bantur certa gravamina per sedem apostolicam reformanda, visum fuit satis honestum et eocpediens domino arch iepiscopo, Src. that the pope's collector should be sent for, and advised with : whose counsel was, that the king, the archbishop and bishops, should write to the pope pro reformatione eorun- dem. In like manner we meet with applications of the same kind as to the king singly, so to the king in council, to the king in parliament ; as redress was most probably and regularly to be had either in the one or the other. The points of this kind, considered and debated in convoca- tion, were either general, when the matters to be reformed had relation to the common good of the church, and, equally affecting the bishops and clergy, were settled in a synodical way, and addressed and presented in the names of both ; which the registers call reformanda in convocations, reformanda in parliamento, 8fc. : or else particular, when the bishops or clergy had grievances to offer that affected only their own order respectively ; and in such cases, though the clergy pre- 151 sented theirs to the upper house for their approbation and the conveyance of them to the king or parliament, yet the form ran in their own name only ; which were properly what we call the gravamina and articuli cleri. These the clergy in convocation have an undoubted right to The upper present; but as they are to be laid immediately before the ^"righ^to" upper house, so the archbishop and bishops have a right to direct at direct, as oft as they see cause, at what time they shall be pro- the^Hev! posed, and offered in form. j» nces shall Anno 1356, 16 kal. Jun. Archiepiscopus injunrit religiosis ed. PTOI ° S 1 2 116 The gravamina and rejvrmanda tt aUis de ciera, quod die tunc crastina propone re at petitionee mas. Anno 1369, 10 kal. Feb. Archiepiscopus voluit, quod clerus et religiosi petitionee suas super injuriis, violentiis. et grava- minibus, in scriptis redigerent, et sibi porrigerent die Ve- neris. Anno 1373. The clergy directed, quod interim informarent petitiones suas super reformatione injuriarum, ut eas conci- perent in scriptis, quodque responsiones darent die prox. sequent. Anno 1377, 2 id. Nov. The president prcemunivit quod unus clericus de quolihet episcopatu dicta? provincial Cant, veniret ad ecclesiam S. Pauli London, et ibidem inter se post pran- dium, fyc. deliberarent super petitionibus formandis de sin- gulis gravaminibus communlter clerum cujuslibet episcopatus tangentibus. Anno 1399, Oct. 6. Quia videbatur domino archiepiscopo et aliis episcopis suos Cant, provincial satis difficile omnes pr&latos et procuratores cleri in communi congregare ad 152 concipiend. articulos ex parte cleri proponendos, jyropter hoe deputavit 5 p> ersonas > viz- mag. Thomam Stowe, S,-c. ad con- cipiend. articulos ex parte pralatorum et cleri, super quibus praitendunt ecclesiam et se gravatos. Anno 141 1, Dec. 2. Archiepiscopus mandavit p>rocuratoribus cleri, quatenus si aliqua essent gravamina ex parte eorum reformatione indigentia, quod vel/ent et deberent citra diem Veneris extunc proximo futur. coram convocatione dominorum in domo capitulari seriosius intimare. The gricv- At other times, when the clergy had received no previous offered ina direction to bring their grievances in writing, we find them general re- fi rs t making a general representation thereof, viva voce, to presenta- tion, viva the archbishop and bishops, and upon that, either leaving them voce. to fchgij. lordships' consideration, or receiving directions what was further necessary to be done. Anno 1356. On the first day of business they are directed only in general quod die tunc crastina proponerent jyetitiones suas : and the next session it is thus expressed, propositis quibusdam petitionibus per clerum tarn viva voce qvam in scriptis. Anno 1373, Dec. 2. The clergy, upon a general motion for in convocation. 117 the redress of grievances by the king, are commanded in- formare petitionees suas super reformatione injuriarum hujus- modi. Anno 141 1, Nov. 4. The clergy, according to the order of Dec. 2, just now cited, that they should gravamina, 8fc. serio- sius intimare, did it on Dec. 4 in the following manner : com- paruerunt procuratores cleri, qui plura referebant grava- mina; allegantes, quod de tot et tantis se sentiit clerus malis 153 prcegravatum, quod nisi in scriptis contineantur, non possent de facili recenseri. The proctors retire, and the archbishop and bishops debate about the same matter. Procuratores, Sj-c. reintrarunt circa horam undecimam; quibus per domi- num archiepiscopum ad tunc mandabatur quod citra proxi- mam diem convocations exhibeant et declarent articulatim gravamina sua in scriptis redacta. Accordingly, Dec. 7, two of the members nonnullas inconvenientias et gravamina pro et ex parte cleri, cujus gerebant organa vocis, exposue- runt ; qua? in scriptis redacta exhibuerunt. Anno 1452. The prolocutor having given the upper house an account of what was done about the subsidy, is asked, an quicquam voluisset pro parte cleri in ecclesia Anglicana re- t formations dignum proponere. And he, continuo et quasi ex insperato quamplurima, Sec. proposuit. Et quia non erat < facile singula per ipsum ibidem exposita memorial, quoe. ad- modum labilis est, commendare, idcirco admonuit eundem prolocutorem dictus reverendissimus pater, ut singula per eum in hac parte proposita redigeret in literas, et concilio traderet, plenius et maturius super eisdem deliberaturo. Anno 1452, Feb. 7. Prailocutor, post explicationem et decla- rationem nonnullorum gravaminum ecclesim Anglicanoz et clero ejusdem a laicis illatorum, super quibus pe tiit reform a- tionem debitam, rntimavit, Sec. ^Alino 1460, May 13. Propositis ibidem coram dicto reve- rendissimo patre et aliis in dicta domo capitidari protunc ibidem existen t ibus quibusdam articulis per prolocutorem viva voce, dictus reverendissimus pater decrevit hujusmodi articu- los sic viva voce declarat. in scriptis redigi. Anno 1460, May 24. Reverendissimus, fyc. auditis per eum 754 p/uribus articulis coram ipso adtunc viva voce ministratis, continuavit, fyc. 118 The gravamina and reforrnanda Anno 1541? sess. 8. Accessit prolocutor cum quibusdam de elect is a clero, et exposuerunt querelas suas. Thus the usual methods of entering upon the grievances of the clergy were either upon an express command from the archbishop and bishops, or by a general representation thereof to their lordships ; who being in that manner solicited to re- dress them, either by their own ordinary power, or by inter- cession with the king, or application to the parliament, were the best judges of the methods most proper to be taken for that end, and gave their directions accordingly. The redress The yrievances beino- reduced into articles, and read in the ances. upper house by the prolocutor, were presented to the arch- bishop and bishops, to be by them particularly considered and debated ; in order to their further prosecution of such mea- sures as should appear most effectual to the relief of their clergy. After mature deliberation upon them, with the clergy, or among themselves, as seemed most convenient, the articles were either suspended for some time, as those in 141 1, Dec. 7, omnes isti siiprascripti articiili, quorum reformatio delibera- tionis et dierum exegit inducias, de consilio et assensu ex- pressis dominorum in convocatione pro2sentium positi f tier tint adhuc in suspenso, or, being thought in all respects just and reasonable, they were approved, and measures taken by the president and bishops in convocation, or by their ordinary authority, if the matters were such as came under their own 1 55 power in either of these capacities. Otherwise they conveyed them to the king in person, in his council, or in his parliament, acccording to the nature of the requests they offered. The refor- II. The reforrnanda, whether in convocatione, in parlia- !]ifenti/ re " men t°> or P er regem, were upon matters that concerned the proposed by good of the church and religion in general, and being there- bishop a- f° re equally the care and concern as well of bishops as clergy, mong the were frequently moved and proposed by the archbishop at the causes of . . . convoca- opening of the convocation, among the causes of his sum- mons. Anno 1400, Jan. 29. The archbishop explains causas et negotia celebrationis sui concilii provincialis, convocationis cleri vulgariter nuncupat. viz. pro defectibus ejusdem provin- cial tarn in clero quam in populo juxta juris exigentiam cano- nice reform and is ; and then he descends to the particulars. Uon in convocation. 119 Anno 1404, May 17. The first day of business: the arch- bishop continuing the convocation to May 21, demandavit aliis prozlatis et clero tunc ibidem prazsentibus, quod singulis die- bus interim ad dictum locum \_domum capitulareni] convent- rent, et laborarent circa reformanda in Cantuariensi provirb- cia, et exinde articulos conciperent in scriptis redigendos, ut cum Dei adjutorio adhibita eorum benevolentia in hoc parte, quozque reformanda Jtujusmodi possent reformari. Anno 1416, Nov. 16. Exposita per reverendissimum patrem causa convocations eorum protunc facto? et cele- brate, communicatoque inter eosdem, [viz. the bishops and clergy then present] a/iquamdiu de et super variis reforman- 1 dis in provincia, tandem dominus continuavit, fyc. Anno 1419. Among the causes of calling the convocation, particularly explained by the archbishop, the third is, pro defectibus in clero regnantibus, auctoritate illius jM'ovincialis concilii reformandis : and then he directs the lower clergy to retire to their house, et quod ibidem de et super materiis prozdictis tractarent et communicarent, ad finem quod habita deliberatione de et super prazmissis, ad Dei laudem auctoritate concilii finaliter concludi posset et concorditer ordinari. Anno 1434. The archbishop reckons up several grievances of the church; et tunc habita cornmunicatione super hujus- modi gravaminibus, ordinatum erat tunc ibidem ut hujusmodi gravamina ac alia quazcunque in quibus d ictus clerus se sentiit gravari, nec non si quoz forent crimina et excessus infra clerum usitat. quaz necessaria reformatione indigerent, in scriptis redigerentur ; ut super his omnibus ex communi consilio, consensu, et auxilio, remedium posset debitum ad- hiberi. Anno 1439. The archbishop declares the causes of the con- vocation : viz. qualiter jurisdictio ecclesiastica per brevia regia, et prazcipue per brevia ilia de 'praemunire facias' plus solito extitit perturbata, impedita, atque enormiter lozsa. Qualiter personce ecclesiasticaz, tarn seculares quam regxda- res, per falsa indictamenta et alias vias exquisitas plus solito vexatw et gravataz sunt his diebus. And the next session, dominus mandavit prcelatis et clero, quatenus super prozmissis et aliis materiis quibuscunque reformatione neces- saria indigentibus, viz. qualiter Mud breve de 'praemunire 120 The gravamina and reformanda The me- thods of bringing in the re- formanda. Tli? cler- gy's right to propose reforma- tions. 157 facias,' et ipsa, falsa indictamenta qua; hodiemis diebus falso. nequiter, et malitiose usitantur et continuant ur, in aliquo mitigari aut pro perpetuo deleri et final iter extingui valeant et billas et alia advisamenta in hoc parte necessaria ad prcemissa reformanda conciperent. Anno 1444. After the mention of the foresaid writ among the causes of convocation, the archbishop adds, qualiter in ec- clesia Anglicana /iterant pdurima reformations digna, de quibus roluit et asseruit cum confratribus suis plenius delibe- rate. And in the next convocation, when these tilings made a part of the speech at the first opening, we afterwards find the reformanda in conoocatione and reformanda in parUor- mento at large. In compliance with such general directions from his grace, or, though these were not expressly given, in pursuance of one great end of these synodical meetings of the bishops and their presbyters, we find the lower clergy, 1. Making general repre- sentations to the president and bishops, viva voce, of such things as they conceived to want reformation : 2. Bringing in sche- dules of particular abuses, that in their opinion were injurious to the honour and interest of the church. I. The clergy in convocation have a right to offer general representations of such things as they conceive to want re- formation. Anno 1412. At the conclusion of that convocation, domino London, prcesidente, et tractante cum pratlatis et clero pro- vincial super quibusdam ordinand. ad honorem Dei et eccle- sia;, tandem certa proposita fuerunt pro parte cleri, super quibus ordinationes fieri jubebantur. et qua; clerus in scriptis redegit. 158 Anno 1463. Jul. 6. Dominus. assidentibus sibi episcopis. post communicationem inter eos diu habitam, factaque sup- plications eisdem vivce vocis oraculo per pradocutorem pro cer- tis reformationibus in ecclesia habendis, continuavit, fyc. Anno i486. Feb. 17. Dominus communicavit cum confra- tribus suis, prcelatisque et clero. de pAuribus reformandis in ecclesia. Et ibidem inter eosdem responsum erat, quwl privi- legia priori Sancti Johannis Jerusalem in Anglia et fratribus suis concessa, male et enormiter his diebus utebantur: et quod pr&dicantes verbum Dei apud Crucem S. Pauli London. in convocation. 121 maxime clamant contra ecclesiam et ecclesiasticos in eorum absentia et in prcesentia laicorum, qui semper clericis sunt infesti. Anno 1529. sess. 4. Ingressus est j)rolocutor cum quibusdam de clero, qui exposuit certa capitula in vulgari concernen. uti- litatem pratdictoi si/nodi pro reformatione abusionum. Et ibi reverendus monuit prolocutorem ut rediret in domum in- feriorem, et conciperet articulos de abusionibus. Accordingly, sess. 6. Ingressus est jirolocutor cum clero, et ibi exhi- buerunt articulos suos pro reformatione; et examinatio delata in prox. sessionem: and, sess. 7. Prolocutor exhibuit suos ar- ticulos, deliberandos in proxima sessione. The bishops, &c, in the mean time were also preparing their articles of reformation ; for so the register has it, sess. 5. Reverendissirnus voluit ut suffraganei sid et alii prcdati conciperent reformatione m, et exhiberent tales articulos die luna; prox. On which day, Sess. 6. Episcopus Heref. exhibuit quosdam articulos pro 159 reformatione clericorum, et episcopi Exon., Coven, et Lichf, Lincoln., Batlton. et Wellen. exhibuerunt billas pro reforma- tione abusionum ecclesiarum appropriatarum monasteriis, fyc. de quibus deliberatio delata in prox. sessionem. Anno 1562. Jan. 19. The prolocutor, with certain of the lower house, comes up to acquaint the president and bishops, quod quidam de dicta domo exhibuerunt quasdam diversas schedas de rebus reformandis per eos respective excogitat. et in scriptis redact. Quae quidem schedoe de communi con- sensu traditte sunt quibusdam viris gravioribus et doctioribus de coztu dictai dornus inferioris ad hoc electis perspiciend. et considerand. Quibus sic electis, ut asseruit, assignatum est, nt hujusmodi schedas in capitula redigant, ac in proxima sessione exhibeant coram eodem prolocutore Et tunc reve- rendissirnus hujusmodi negotia per dictum prolocutorem et clerum incaepta approbavit, ac in eisdem erga prox. sessio- nem juxta eorum determinationem procedere voluit et man- davit. II. We find the clergy, i.e. every particular clergyman, re-Thecler- quired to bring in their schedule of abuses for the information of to 'bril^ii the synod, and the enabling the bishops and clergy to proceed schedules jointly to a reformation. of reforma- tion. 122 The gravamina and reformanda Anno 1586. sess. 2. Lower house book. Post aliquem tracta- tum inter reverendos patres et dominum prolocutorem, cum aliis ex inferiori ccetu, de rebus quibusdam necessariis, dictus dominus prolocutor cum coetu sno prcedicto in dictam inferio- rem domum revertebatur : and after the house was settled in the accustomed manner, habita est per dominion prolocutorem 160 admonitio omnibus ex hoc coetu, fyc. ut si qui sint qui aliquas schedulas proferre vellent de rebus in hujusmodi convocatione reformandis, easdem sibi traderent in proxima sessione. Anno 1586. sess. 7. In the extracts out of the upper house journal, the archbishop gives intimation at a conference with the lower house, to present if any had " ordained or instituted any unworthy persons, or of any breach of the canons, that it may be reformed." 1586. Dec. 2. Extracts out of the upper house journal " Brought up by the lower house 2 schedules : 1. A complaint of disorders in Norwich diocese ; 2. Another schedule, intituled Suffolk archdeaconry." Anno 1586. sess. 11. Lower house book: Precibus finitis [prolocutor~\ adiit reverendissimum patrem et co?teros prcela- tos ; et paulo post revertens, intimavit omnibus pr&sentibus consultum esse per eosdem reverendissimum patrem et prat- latos de reformatione fienda quoad schedidas eidem reveren- dissimo ac domino prolocutori exhibitas. Et quod conventum est inter dictos reverendissimum et prcelatos de exercitiis fiend, per ministros infra prov. Cant. Et quod iidem reverendi pa- tres, cum redierint in diozceses suas, ordinem eorundem signi- ficabunt omnibus quibus interest in hac parte. Anno 1588. sess. 2. Lower house book: Dominus prolocutor universo ccetui significavit, voluntatem reuerendissimi cwtero- rumque prailatorum esse, quod si aliquis hujus domus noverit quenquam ministrum de quo juste conqueri possit, quod con- tra leges ecclesiasticas nunc temporis auctoritate legitima re- ceptas et approbatas se gessit et gerit ; aut si aliquis noverit quenquam qui canones in ultima convocatione approbatos et i6ieditos violaverit, eosdem in scriptis denunciarent reverendis- simo domino Cant, archiepiscopo, cozterisque dominis pradatis predict, pro debita correctione et reformatione in ea parte faciend. Accordingly, The next session, we find this intimation of such a schedule in convocation. brought in : Into die porrecta fuit domino prolocutori sche- dula reformcmd. per M. Coton. From the foregoing passages I infer this plain account of Inferences the reformanda in convocation. While the archbishop and hi- foregoing shops are supposed to be consulting in the upper house, whe- accounts - ther any regulations in the church, or in their particular dio- cese, be necessary at that time ; the clergy in the lower house, who are supposed to be eyewitnesses of many things that do not ordinarily reach the notice of their diocesan, have a right, either jointly or separately, to lay before their lordships an account of any disorderly persons or practices they know : and this, either viva voce, by the prolocutor, or in schedules put into the prolocutor's hands, in order to be severally laid before the archbishop and bishops, and to be compared and jointly considered with those of the same kind exhibited by their lord- ships. These reformanda, in many cases, could require no moi-e than the strict exercise of the ordinary jurisdiction in every diocese, and were therefore answered by a solemn re- commendation of them to the care of the bishops respectively. But if the abuses called for a new law, and the reformation of them required the assistance of the prince or the parliament, these schedules were reduced into articles, and upon them, as containing the general sense and request of the synod, such solicitations were set a-foot as were judged necessary to bring 162 about the reformation desired. The applications upon the reformanda in parliamento were The care of usually left to the care of the archbishop, bishops, and the par- ^ j e J°*" liamentary prelates ; one instance whereof I will set down at parlia- large, because it is more distinct and particular than the rest, aiiy^ef^to" and will give the reader a clear apprehension of this matter. the archbi- Anno 1452. Mar. 3. Quia ccetera negotia qua in ecclesia^° V ' & °" Anglicana reformatione indigebant, majestatem regiam et jura regni concernebant, et sic definitioni et sentential dicti concilii nequaquam interim suhjacebant ; suppdicatum fuerat ex parte cleri, quatenus dictus reverendissimus in Christo pater, necnon dicti reverendi in Christo patres, cwterique pra'lati ad tunc ibidem existentes in parliamento, quod tunc in prox. diebus apud Radgng inchoand. fuerat, apud regiam celsitudinem , necnon optimates, proceres et communitatem pradict. regni in eodem parliamento in nnum congregandos, 124 The gravamina and reformanda in convocation. pro reformations hujusmodi rite faciend. efficaciter instarent. Cujiis supplicationi anmiit idem reverendissimus in Christo pater, reverendique in Christo patres, promittentes se curatu- ros et acturos apud regiam celsitudinem, necnon optimates, pro- ceres, communitatemqiie praidict. quoad in eis foret, pro felici cita et celeri reformatione eorundem, sicut et in parliamento prcedict. pro viribus mis pro eadem reformatione instarunt. Deputies On some other occasions we find a certain number of the appointed c i er gy d e p U ted by convocation to assist the president and bi- by convo- o« 1 « 1 cation to shops in soliciting their business. bisiiops^n Anno 1444. Octo. 22. The clergy are directed, quatenus pro soliciting, corrigend. et reformand. 8pc. inter se deliberarent. Oct. 26. Qlerus domus inferioris desiderabat ab episcopis et aliis prw- latis sentire suum super cedula de reformand. in ipsa convo- cations per clerum concept. — et ad tunc dominus Bathon [com- missarius] de consensu confratrum suorum religiosorum et co3terorum procwatorum cleri, manu sua propria subscripsit singulos articulos in eadem cedula contentos. Et quantum ad reformanda per parliamentum, nominati in dicta cedula. fuerunt deputati ad solicitand. dictam materiam. Anno 1452. Mar. 15. Assignatis insuper quibusdam de clero, viz. magistris, Sfc. ad sollicitandum, instruendum, et plenius informandum reverendissimum in Christo patrem, reverendos in Christo patres, cceterosque pradatos, in et desuper dictis materiis et negotiis in parliamento in proximis diebus incho- and. corrigend. et reformand. Anno 1460. The last day of convocation : pluribus articulis lectis et recitatis, ad supplicationem totius cleri, reverendissi- mus pater aliique reverendi patres se penes regiam majesta- tem pro reformatione eorundem pwomiserunt suos impendere labores. Deinde certi viri ex clero electi fuerunt, qui dictum reverendissimum patrem et alios reverendos patres ad proz- missa facienda solicitarent. Thus much is sufficient to show what part the clergy in convocation have always borne, and may therefore justly claim, in grievances and reformation ; distinguished in convocation- language from all other business, by the known names of ar- ticuli or gravamina cleri and reformanda. Their petitions and applications of other kinds come next under consideration. The clergy's fictitious. 125 . CHAPTER XIII. 164 The clergy's petitions of other kinds. The clergy in convocation have a right not only to the re- dress of their own particular grievances, or to interpose of the reformation for any disorders they may observe in the church, but also to offer to the archbishop and bishops all such mea- sures as may in their opinion tend to the honour and interest of religion. This is regularly done by way of petition ; of which the registers afford us a variety, upon several matters and occasions : and my design in the following enumeration is not, on the one hand, to lay any confinement either upon the matter or occasions of the clergy's petitions, nor yet, on the other, to extend them beyond the present laws of the realm ; but only, in pursuance of my method all along, to give the clearest insight that the registers afford into the practice of former times : and when that is done, every man is left to his own application. The petitions I have observed, are, 1. For the making of new canons or ordinations; of which Petitions: sort we meet with none in the more early times, because then ^J°e™ a the clergy had no concern in them: but in the year 1529, canons, sess. 7, it is said that the prolocutor, applying himself to the upper house, voluit ut ordinatio fieret de appropriationibus ecclesiarum, et de pensionibus vicariis persolvendis. Anno 1 54 1. sess. 20. derm exposuit iv. petitioner, primo de legibus 165 ecclesiasticis condendis 3 0 de uniendis parvis beneficiis. 4 0 de decimis solvendis. 2. For the revival of such ancient canons and constitutions 2. For the as were in force, but seemed to be disused and forgotten : so, ^™ c * n °^ s> anno 141 2, sess. 2, we meet with an address at large from the clergy to the bishops, praying their lordships to enforce the observation of certain constitutions. Anno 141 9. The last day of the convocation, dominus, ad petitionem cleri, quon- dam constitutionem provincialem per Rob. Wynchelse praide- cessorem suum editam, quce sic incipit, ' capellani stipendiarii,' fyc. cum omnibus suis capntulis, verbis, clausulis et dictioni- bus in eadem, ad totam provinciam suam Cantuariensem extendi, et omnes artari debere, ex consensu fratrum suorum et autoritate totius concilii declaravit et pronunciavit. 126 The clergy's petitions 3. For the abolition or suspension of laws or customs that appeared to be burdensome or inconvenient. 3. For the Anno 1428. The last day of convocation: dominus ex abolition or " suspension asscnsu confratrum suorum, et ad petitionem cleri, poznam in of Laws, constitutione propter excessiva stipendia capellanorum, tarn contra dantes quam recipientes latam, pro parte dantium suspendit usque ad p>roximam convocationem, et ipsos hujus- modi poena minime involutes fore decrevit : Anno 1529, sess. 91, prolocutor intrans, Sfc. petiit quod prcesentati ad ecclesiastica beneficia non arctentur per dia>cesanos scripto aliquo obligatorio, aut pcena temporali obligari ad residen- tial)}. Anno 1541, sess. 20, clerus exposuit petitionem de conjugiis factis in Bethlem abolendis. Anno 1555, sess. 3, J 65 The clergy grant a subsidy ; et illic exposuit clerus tres peti- tiones ; primum, quod omnes beneficiati qui spe remission/is primorum fructuum ex communi rumore sacerdotia assecuti sunt, non obligentur rependere duplos, 8fC. ido, ut possint diplomata apostolica pro sacerdotiis retinend. assequi : post- remo, quod statutum tollatur pro decimis solvendis, 8fc. et quod decimarum causa; emergentes coram ordinario exami- nentur et decidantur. festiv 0 "* 4" a PP°i n ^ men t °f new festivals, or improving the services of the old. Anno 1434, Oct. 9, dominus, ex con- sensu confratrum suorum, et ad petitionem cleri, ordained that St. Frideswide's day, cum novem lectionibus et aliis qua; ad hujusmodi festum cum regimine chori secundum usum Sarum pertinent, per totam provinciam suam perpetuo cele- braretur. Anno 1444, Oct. 24, magister Willelmus By co- nil offic. curia) Cant, totius clan prolocutor, supplicabat do- mino ex parte cleri, ut dies translationis S. Edivardi, fyc. ■ — sub duplici festo per suam provinciam sol empnizari posset, de confratrum suorum consensu, concedere dignaretur. 5 For the 5. For the archbishop's intercession with the king to restrain shops'in- the lay officers from oppressing the church, or to pray their te- th > th° n ass ^ s * ance * n * ne enforcement of ecclesiastical laws. Anno king. J 394> supplicatio cleri, directed to the archbishop of Canter- bury and the archbishop of York, chancellor of England, that for the suppression of Lollardy, they will intercede with the king, ut dignetur extendere cum effectu brachium suaz majes- tatis. Anno 1463, Jul. 18, petitum fait per magistrum in convocation. 127 Johannem Stocks prolocutor em., a domino, at ipse regiaz •majestati scriberet pro liberations certarum personariim eeclesiasticarum in custodia laicali incarcerate: mm et custo- ditarum, ut secundum cartam alias per regem viris eccle- 167 siasticis concessam, siris ordinariis possint liberari. Anno 1480, Apr. 3, a petition presented by the prolocutor to the archbishop and bishops, praying them, in the name of the clergy, to intercede with the king for protection to the church against the encroachments of lay officers molesting and impri- soning the clergy. 6. For more strict execution of ecclesiastical discipline : as, 6. For the anno T586, March 15, Extracts out of the upper house book : 0 j ^\ sc [_ ' The lower house beseech the bishops to be careful of ordina- Po- tions, to restrain their officers from excessive fees, and that they will force every instituted person within a certain time to take induction, or else sequester the profits.' 7. In the year 1555, I find at the end of the journal, an 7. Petitions abstract of the petitions offered by the inferior clergy to the y n S jg eral upper house. " Item, supplication of the lower house to the bishops con- cerning spiritual lands in temporal men's hands. Item, for schools and hospitals promised in the statute of suppression of colleges. Item, for mortmain, tithes, appropriations ; of preachers, of books, of statutes and jurisdiction against here- tics, of pluralities, of seminaries, of liberties of the church in magna charta, of praemunire, of the statute of submission of the clergy, of finding great horses, of usurers, of violence against any of the clergy, of clerks' apparel, of priests married, of schoolmasters, of exempt jurisdiction and peculiar places in lay men's hands, of the cognition of causes of tithes before the mayor of London ; that places exempted may be allotted to certain priests ; of chancels decayed, of priests married to j 68 be reconciled, of payment for tithes, of religious women mar- ried to be divorced ; that in divorces innocent women may enjoy the lands and goods which were theirs before the marriage ; " That wardens of churches may make their accompts ; that ecclesiastical persons which spoiled churches, and plucked down certain edifices, may be compelled to restitution, and to build them again." All petitions of this nature were delivered to the archbishop Petitions of 128 The part of the clergy the clergy and bishops, and rested with them : as those others to the king Fmmediafe- or Parliament were put into the hands of the archbishop, singly lytothe or jointly with his suffragans; that after approbation, they upper • . . . house. might by their lordships be conveyed and solicited according to the intent and tenor thereof. Nor do I remember to have have met with any petition in the registers, delivered sepa- rately or immediately by the clergy themselves, except that one in 1588, sess. 10, to the house of lords. The commons had sent up a bill for a provision of arms, &c. by the clergy ; it was therefore the single and immediate concern of the lower house to prevent it : in order to which, they addressed the lords in parliament, as in a matter of property ; and among the rest, the petition was directed to the archbishop and bishops. Upon which accounts, it cannot be extended to other cases of an ecclesiastical nature, in all which the bishops and their clergy must be jointly concerned. The time The time of the clergy's presenting their petitions to the in/such* 1 " u PP er house, whether viva voce or in scriptis, was usually petitions, upon delivery of their grant, and at the end of convocation. 169 Not but they had the same right to offer them any other time, though no supplies were given ; but that being the most desir- able opportunity of conveying their grievances to the king, became thereupon the ordinary time of bringing in their peti- tions of all other kinds. CHAPTER XIV. The part which the clergy have had injudicial cases. The ordinary way of trying and convicting heretics and offenders against the canons was in the ecclesiastical courts of every diocese, where they proceeded according to the stated rules of such courts, and the severe canons and statutes then in force. But if the bishop, upon examination, did not see cause to deliver over the party accused to the secular power, either the degree or evidence of the crime falling short, the suspicion was however reckoned a sufficient cause of imprison- ment : that if he had not abjured in form, he might by that means be compelled to it ; or if he had, that he might not be hi judicial cases. 1^0 trusted abroad till ho had given sufficient proofs of the sin- cerity of his recantation. In cases of this kind the person was frequently brought before the next convocation, especially such as had relapsed after an abjuration of their errors, according to the language and corrupt opinions of those times. The whole process in the inferior courts was returned into the archbishop's, to be deposited there against the next convoca- tion ; and when that came, the person was produced, and a 170 relation of the former prosecutions publicly given, either by the archbishop or the diocesan. This was the ordinary practice long before that establish- Constitu- ment of it by a constitution under archbishop Chichle, anno tinging 1416, part of which I will here transcribe, because it shews J ie £ etic ^ the manner and end of bringing persons, examined already in convoca- the bishops' courts, before the whole body of the clergy in tlon - convocation. After a general direction to the several bishops, archdeacons, &c. to be diligent in the discovery and prosecu- tion of heretics : et si quas personas convictas forsan curiae seculari non relinquant, ipsos ad carceres perpetuos sive tem- poraries, prout rei qualitas exegerit, ad minus usque ad prox. pronlatorum et cleri Cantuariensis provincial convocationem duratur. realiter committant, et in eisdem secundum juris exigentiam servari faciant, ac de omnibus et singulis supra- dictis, quomodo, viz. inquisierunt, reperierunt, ac in proces- sibus se habuerunt jwrsonas hujusmodi convictas, diligentia- que aut negligentiis archidiaconorum sive commissar iorum prazdictorum, aliisque omnibus et singulis circumstantiis prozmissis quomodolibet concernen. ac proesertim de abjura- tionibus, si quos interim hcereses abjurare contingat, in prox. prailatorum et cleri convocatione sub forma publica distincte et aperte nos et successores nostros certificare curent, et eos- dem processus officiali curice nostra} Cant, effectualiter libe- rent, penes eundem seu in registrario curia' nostrce Cant, remansur. sic videlicet quod quemlibet cujus interest pro executione ulteriori eorundem processuum, ad eundem offi- cialem recur, habere poterit cum effectu. Such was the method of those times; but that which I am 171 chiefly to consider is, the judicature in convocation, and this £oSf be . was usually the archbishop, bishops, and clergy in a body ; fore the before whom the party accused is generally said to be brought : bishops! 01 '' GIBSON. K and clergy. 130 The clergy's right coram reverendis&imo, confratribus suis, et clero, in concilio congregatis, adductus fuit, or words to the same effect, is the Sentence ordinary language of the registers in those cases : and the in all their J . 6 , » , • i names. sentence, running m the name of the archbishop, is passed, auctoritate, de consilio et assensu, 8fc. prmlatorum et cleri. The instances of both kinds are too numerous to be particularly set down, nor can they be overlooked by any one who shall cast an eye upon the convocation acts of those times when such prosecutions happened. It is true, they are sometimes said to be produced coram domino et confratribus, without mention of the clergy, or only praisente clero, and in presentia cleri; in which cases the archbishop and bishops might probably act as a pure provincial council ; for into such we know they sometimes resolved them- selves, upon the opportunity of coming together in convocation. But in the ordinary style of the registers, the appearance is made before them, and the sentence ordinarily pronounced by their authority, in conjunction with that of the bishops ; and therefore in those days, and upon those occasions, they were ordinarily at least a part of the judicature in convocation. As to any restraints in this matter that may have been laid upon the convocation by subsequent statutes, I do not pretend to give a judgment of them, but only assert the clergy's rights by 172 ancient usage to a share in the judicature with the archbishop and bishops, supposing cases of that nature to come actually before them. CHAPTER XV. The clergi/'s right of a negative or final dissent from the ripper house. The origi- The greatest power enjoyed by the English clergy in a pro- nalotthe vmc i a j S y no d, beyond the presbyters of other nations, is a clergy s J J . negative, negative upon the metropolitan and bishops, none of whose resolutions, either in part or in whole, can be passed into synodical acts without the previous approbation of the inferior clergy. It is very true, what we observed before, that it was a civil account which brought them by degrees into this extra- ordinary power in ecclesiastical affairs. Their civil property of a negative or final dissent. 131 could not be disposed of but by their own consent, and this being- the great business of convocation at the beginning, the negative of the clergy became an established rule there ; and so that rule took place in canons, constitutions, and other eccle- siastical affairs, when these also, which before had solely be- longed to a synod of the archbishop and bishops, came to be considered and framed in convocation. However, it is now an established right of the lower house, A negative and a part of the constitution of this national church : nor is it sent an my design to diminish it by the observation I am about to add, established ... right of that though the clergy's negative as to subsidies was directly the English founded hi that common right of English subjects, not to be cler gy- 1 7 3 taxed but by their own consent, yet, under that right, the clergy of those days preserved such a sense of duty to their ecclesiastical superiors, that all their denials were made with All denials great humility, and often accompanied also with a request to^^^ er " be excused for that time, and also with their particular reasons with great why they could not come up to the desires of the archbishop huml ty " and his brethren. For the granting of subsidies was always proposed by the president ; upon which the clergy were di- rected to retire and debate, and return their answers to him and his brethren. Generally they concurred with great readi- ness, and when they dissented, they usually shewed the causes thereof with the utmost humility. Anno 1356. 12 kal. Jun. They excused themselves in a for- mal address to the archbishop and bishops : Vobis reverendis in Christo patribus dominis Dei gratia archiepiscopo Cant, vestrisque suffraganeis, ad celebrandum concilium provinc. juxta sacrorum instituta canonum congregatis, supplicat hu- militer et devote clems Cant, provincial, quatenus pio sibi compatientes affectu, rationes suas et motiva infra scripta clementer auscultare dignemini, et eis in examine circum- spectm discretionis vestrai diligentius ponder atis, petitionees ejusdem cleri admittere gratiose. [They offer several reasons, and then conclude thus :] Placeat benignitati vestrm absque ulteriori onere hac vice ecclesiai imponendo, ipsum clerum, qui dicto domino regi semper devotus extitit, et ipsum nunc in quantum potuit, ne deterioris conditionis existat quam com- munitas laicorum, habere se libeat excusatum, et prcemissa pro plena et finali responsione cleri admittere, ipsi quoque K 2 132 The clergy's right 174-clero assistere, et ipsum erga dominum nostrum regem in hoc parte excusare. Anno 1424. Oct. 23. The clergy being called upon for their resolution, as to the subsidy, gave in their answer by W. Lynde- wood, the archbishop's official, negatively ; pleading the poverty of the clergy, and that the livings were reduced to a smaller value than formerly ; et ideo humiliter petierunt, se a conces- sione hujusmodi quacunque excusari. Anno eod., after a prorogation, Febr. 17. They excuse them- selves again upon the poverty of the clergy : quam ob rem iidem procuratores domino et confratribus suis humiliter sup- plicdrunt, quatenus ipsi dominus et confratres sui clerum prcedictum a quacunque concessions hujusmodi protunc fa- ciend. ex causis jyra'al/egatis dignarentur habere pro ilia vice penitus excusatum. Anno 1425, May 4. Among the causes of the convocation, explained by the archbishop, the third was a subsidy. The clergy retire, and in answer to that point, supplicant, §~c. ut consideratis oneribus et subsidiis quo? antehac scepe supporta- runt, haberent ipsum clerum protunc omnino excusatum pro- pter insufficientiam ejusdem et paupertatem ex argumentis di- versis lucidenter approbatani. And again, the same year, Jim. 8. Clerus insufjicientiam suam allegans et paupertatem, se de hujusmodi subventione concedenda ea vice pro viribus instanter excusavit, et se pro- tunc excusari petiit et humiliter supplicavit. Dec. 11, 1433. Clerus allegavit certas causas rationabiles, quibus consideratis, deberent merito a concessione subsidii eo tempore excusari. Anno 1438, Oct. The clergy, urging among other things 175 the great dearth all over the kingdom, per simm j)rolocutorem domino supplicarunt quatenus eos ab aliquo subsidio protunc concedendo haberent favorabiliter excusatos. And the like an- swer they returned the Saturday following, upon a second ap- plication made to them. These ap- These instances, as I said before, are not intended either to no°preju-' weaken the clergy's right of a negative, or to suggest in parti- dice to the cu j ar that they who were immediately concerned in those clergy s " .... right of a cases, had not a legal power of dissenting without either rea- negative. sQns QJ , exciises jjy h ow much the greater liberty they of a negative or final dissent. liiii were at, to dissent without these, the applications of this na- ture are so much the higher testimony of their duty and hu- mility. They knew very well, that their civil property was by law entirely in their own disposal ; but yet they could not for- get that their immediate concern was with their ecclesiastical superiors. Upon their refusals in this dutiful manner, they were some- times moved to consider of a more favourable answer ; and however steadfast their resolutions were not to comply, yet they did not refuse further deliberation, which, when enjoined by their metropolitan and bishops, they knew to be a part of their canonical obedience. Nor could I ever find an instance in all the acts of convocation, that did in the least coun- tenance the late notion of their general negative upon the upper house, as pleaded in express terms to excuse their re- fusal of a committee : " we of the lower house being a distinct house, and having power to dissent from the proposals of the upper house, conceive ourselves entirely at liberty to admit or 2Va?r.p.6i. decline their appointments of committees, as we shall think fit." Before they made so large a step towards an entire inde-176 pendence, as a negative in that extent would draw after it, methinks it might have been considered whether one instance was to be met with, either before or since their separation, from which they could fairly gather that the lower clergy had ever disobeyed the upper house in the matter or method of their deliberations, or ever attempted to carry their right of a negative beyond a power to hinder any business in convocation from passing finally into a synodical act. This is their un- doubted right ; but their further pretensions are as groundless in themselves, as they would be mischievous in their effects to the constitution of our episcopal church. CHAPTER XVI. 7Vie manner of passing business in convocation. After any matter in convocation has been duly considered, read, and agreed to by the bishops and clergy severally, the 134 The manner of passing prolocutor and the inferior clergy are sent for to the upper house, and there it is passed into a synodical act. The man- The manner of consenting and agreeing in the lower house ssntingin > s particularly expressed in the loth session of 1586; where the house. Wer P ro ^ ocu *° r comm g from the upper house, puts the ordinances for collecting the contribution into the hands of the actuary : he reads it ; quo facto, clominus prolocutor interrogavit omnes supra nominatos, an decreta et ordinationes hujusmodi sibi 177 placerent, eosque rogavit quatenus eorum consensum et assen- sum eisdem, si eis ita videretur, prceberent. Et tunc omnes easdem ordinationes in omnibus approbarunt, atque consen- sum et assensum suos, tarn nominibus eorum propriis quam nominibus omnium aliorum quorum procurators in hac parte respective existunt, pn'aibuerunt. The cir- I know not whether the lower house, who return the instru- of that ment by the prolocutor, did ever think themselves accountable consent to their lordships for any circumstances relating; to their con- have been . . reported to sent, besides a general assurance by the prolocutor that it is housT Per actua % given. But I find, in the year 1532, May 15, a report was also made of the number and proportion of votes. Intravit prolocutor cum clero, ubi reverendissimus interrogabat, quid ipse sentiebat de quadam schedula sibi tradita. Unde prolo- cutor introduxit numerum affirmantium, numerurn negantium et numerum referentium, quantum ad tres articulos prce- dictos. Again, in 1536, sess. ult. Prolocutor intravit domum capitularem, et pra>sentavit reverendissimo instrumentum con- tinen. sententiam definitivam, quam dictus prolocutor asse- ruit fuisse per omnes cleri domus inferioris expresse approba- tam. Some years before, anno 1529, sess. 29, when in the preceding session the clergy were directed to bring in their opinions the Friday following about an answer to a petition presented by the house of commons to the king, on the same Friday, the answer was read in the upper house : Et post in- troitum prolocutoris rursum perlecta fuerunt responsa : tunc reverendissimus interrogavit an ipsi consentirent ; et consen- jyStiere. But in 1533, not only a general consent was given in the upper house, but the votes also in form, and the names were particularly entered in the register thereof: so says the Abstract, sess. 2, quo die reverendissimus convocavit inferio- business in convocation. 185 rem domum, ut audiret eorum opiniones de qucestione, viz. an ducere liceret uxorem cognitam a fratre, fyc. ubi, referring to the original book of the upper house, exprimuntur afiirmantes, negantes, et dubitantes. But however the consent of the clergy be given or signified, All instru- it is certain that the instrument, after being engrossed, was publicly, always read publicly in the upper house, before the archbishop, ^"^j 11 ^ bishops, and clergy ; and by them finally agreed to, either viva in the up- voce or by subscription, according to the nature of the business per nouse - they passed. The light we have from the registers, concerning ' the circumstances of passing business, is but small ; but this distinction, I think, is visible enough, since the reformation at least, that articles, canons, and constitutions have been ever passed by subscription ; but instruments of other kinds, bills of subsidy, synodical letters, &c, have been enacted, with the consent of the bishops and clergy, by the hand or seal of the archbishop, which was properly the sanction, and the attesta- tion of one or more public notaries of its being so signed or sealed, or both. To which purpose, As to the sanction of the metropolitan ; anno 1408, Jan. 15, The sanc- we find this account of passing the powers granted by convoca- m° tropo-' 0 tion, to those whom they had just before elected for the council litan - of Pisa. In quorum omnium et singulorum fidem et testi-ijg monium, prcesentes literas aut prcesens publicum instrumen- tum exinde fieri, ac per magistrum Johannem Perch, nota- rium et registrarium infra scriptum subscribi et publicari ejusque signi consueti appositione : ac nos Thomas archi- episcopus, primas et legatus antedictus, nostri privati sigilli aurei, ad personates et speciales rogatus omnium dictorum episcoporum suffraganeorum nostrorum, ac de expressis con- sensu et assensu totius cleri dicta} provincice, appensione, mandavimus etfecimus fideliter communiri. Anno 1557, scss. 9. The archbishop's commissary evocavit prolocutorem et clerum, ut librum concessionis subsidii aliqua ex parte correctum perlegi audirent ; quo perlecto et diligen- ter ponderato, omnes tarn patres quam clerus contenti erant cum omnibus clausidis, conditionibus, et provision ibus. Tenor vero instrumenti publici, de subsidio praidicto confecti, de verbo in verbum iilic sequitur, contestatum subscriptione Thomoi Sussex et Johannis Incent. 136 The manner of positing Anno 1562, Febr. 24. Surrogatum prolocutoris, prolocutor* absente, et clerum domus inferior is ad se accersiri jusserunt, ac coram eis publice leyi fecerunt librum de subsidio dominai nostra} regino? concesso in pergameno conscript, ac sigillo dicti rei'erendissimi 2?atris sigillat. Cui quidem libro sic per- lecto, ac omnibus et singulis concessio)iibus, conditionibus, et 2>rovisionibus in eodem mentionatis, sub modo et forma suj>ra specijicatis,dictus clerus inferior is domus consensum et assen- sum suos unanimiter adhibuerunt. 180 2. Articles, canons, and constitutions, since the Reformation, Articles, have, so far as the registers give any light, been ever passed in canons, &c. . . * . & . f by sub- the upper house by the joint subscriptions of archbishop, bi- section, shops, and clergy. Anno 1536, sess. 5, July 11. Episcopus Hereford, prod ux it quendam libellum continentem Articulos Fidei et Ceremonia- rum. Qui libellus inseritur ad longum. Quo lecto per eundem episcopum, honorandus Thomas Cromewell, reverendissimus, et alii prailati, prolocutor, et clerus domus infer ioris, eundem libellum approbando subscripserunt. Anno 1604, May 18. The Extracts out of the upper house journals say, " The king's letters with the articles of 1562, to be by the convocation approved and allowed The said arti- cles read and subscribed by both houses : and the book so sub- scribed was kept by the bishop of London, president." Anno 1640. Reverendissimus in prcesentiis domini prolocu- toris et totius coitus domus inferioris, protulit librum cano- num in hac sacra sgnodo tractat. continen. 17. capitula ca- nonum. Quern reverendissimus in manibus suis tenens cum domino prolocutore alta et intelligibili voce legebat. Quo per- lecto, reverendissimus et reverendi £>afres, fyc. ac dominus prolocutor et tot us coitus domus inferioris antedictai isto die comparen. nominibus suis et aliorum pro quibus constituti sunt, consensum et assensum suos eisdem canonibus praistite- runt, et eorum nomina manibus suis propriis eisdem re- spective subscripserunt. Anno 1 66 1, Dec. J 9. Dominus episcopus London pra j sidens, 181 cum confratribus suis praid. pro tribunali sedebant. et habito tractatu inter eos de forma subscriptionis libro publicarum precum per eos facie nd. tandem idem reverendus pater domi- nus episcopus et prcssidens antcdictus, de et cum consensu businesss in convocation. 137 confralrum suorwm pra>d. commisit curam et consideratio- nem ooncipiendi dictam formam reverend 'is in Christo patri- biis, S)'c. Postea, nempe inter horas secundam et quartam post meridiem ejusdem diei, reverendi viri dominus Johannes Dunelmen. et Humfridus Sarum respective episcopi una cum dictis respective cancellar. et vicariis in spiritualibus gene- ral ibus prced. apud ojficmm registrarii principalis d. arch. Cant, intra parochiam S. Gregorii London, sit. convenerunt, et in pra'sentiis met Willelmi Fisher et Francisci Mundy no- tariorum respective publicorum, inspectis prius nonnullis re- cord is et libris antiquis et archivis ibidem remanen. et fide- liter custodit. dicti reverendi patres formam suhscriptionis libro publicaru in precum faciend. unanimi consensu et assensu conceperunt et desuper concordarunt. Anno eod., Dec. 20. Reverendus pater dominus episcopus London. \^j)ra2sidens'] 8rc, una cum confratribus suis se- cum assiden. pro tribunali sedebat, et librum precum publi- carum, administrations sacramentorum, aliorumque rituum ecclesice Anglicance, una cum forma et modo ordinand. et consecrand. episcopos, presbyteros, diaconos, juxta literas region majestatis eis in hac parte directas revisum, et paginas continen. et per reverendissimum in Christo patrem et dominum dominum Gulielmum providentia divina Cant, arcliiepiscopum, totius Anglice primatem et metropolitanum . prius redact, recept. approbat. et subscrij>t. episcopi ejusdem 182 provincial in hac ptrovinciali synodo legitime congregat. unanimi assensu et consensu in formam redegerunt, recepe- runt et approbarunt, eisdemque subscripserunt : et postea omnes episcopi prced. tunc prcesen. et congregat. exceptis reverendi8 patribus Oxon. Assaphen. et Landaven. ep. ad do- mum parliamenti sese contulerunt, et dictos respective episco- pos in dicta, domo convocationis reliquer. ad vidend. clerum inferioris domus convocationis dicto libro subscribere. Thus the several sorts of business in convocation, however differently passed in some respects, agree in this, that the inferior clergy are sent for to the upper house, and there the whole convocation, the metropolitan, bishops, and presbyters, in a body, give their final consent. The method of passing canons and constitutions before the Why arti- 138 The manner of proroguing oles, ca- statute, 25 Hen. VIII. c. T9, was the same that has ever been pass now P rac tised in synodical meetings, viz. by the authority of the by subscrip- synod, and with the sanction of the metropolitan; and these two gave them their full force and effect. But now they are framed in order to be laid before the prince, as agreed on by the archbishop, bishops, and clergy ; and none to be " of any force, effect, or validity in law, but only such and so many of them as he, by his letters patents under the great seal of Eng- land, shall allow, approve, and confirm." This is the language of the royal license, the necessity whereof, in order to make, promulge, and execute canons, &c. is an abridgment of the ecclesiastical power in these respects ; and therefore the an- 1 83 cient sanction, which always signified a final authority, could not be continued in any matters which were not to be pro- mulged or executed without the allowance, approbation, and confirmation of the king by his letters patents under the great seal of England. But all synodical acts, to which the royal license is not necessary, receive their final authority from the sanction of the metropolitan ; i. e. they still pass in the ancient canonical way, whatever some late writers, too much bent upon the diminution of ecclesiastical power, may suggest to the con- trary. And even in canons and all other matters passing by subscription the metropolitan's ancient authority remains thus far entire, that without his concurrence the agreement of all the rest is not the act of convocation, nor can be presented as such to the prince for liis royal confirmation. CHAPTER XVII. Of proroguing and dissolving a convocation. As the archbishop upon receiving the royal writ for calling a convocation is bound by law, and agreeably to the deference that has been ever paid to Christian princes, to exert his sum- moning authority, so is he under the same obligation to pro- ceed to prorogations and dissolutions thereof in a canonical way, when the pleasure of the prince shall be signified by royal writs to those purposes. and dissolving a convocation. 139 For how little truth there is in the late notion that the arch- The man- bishop, in those cases, acts purely in a ministerial way, may { appear by a comparison of the methods of executing those arehbi- commands in parliament and convocation. For the first, the 8ho P. s P ro - i ' roguing and prorogation of a parliament, the king, by his letters patents, dissolving constitutes such of the nobility as he thinks fit his commission- t j ve< ers for that end, dantes vobis, tenore prcesentium, plenam potestatem, facultatem et author itatem, Sfc. ad praisens par- liamentum nostrum nomine nostro prorogand. Sec. In the same style is the commission for dissolving, as oft as his majesty is not present in person ; 'a style that is truly and evidently ministerial. But the writs for doing the same things in convocation can be directed to none but the metropolitan himself, and that without any conveyance of authority, or order to act in Ids majesty's name, or any other direction besides the proroguing or dissolving it according to the accustomed methods of convo- cation : debito modo prorogetis ; and dissolvetis seu dissolvi faciatis. In pursuance of which order the archbishop pro- rogues and dissolves, either in person, or by one or more commissioners specially constituted by his grace for those pur- poses. Immediately before a prorogation or dissolution we find the The arch- archbishop, as he saw occasion, publicly recommending to the 1^°^ bishops and clergy the due execution of the ecclesiastical laws, tions imme- and the reformation of any particular abuses and irregularities fore^pro- ill the church. rogation or . 0 rrj . . ... dissolution Anno 1420. ultertusque rogavit, hortatus est, et requisivit reverendissimus pater et dominus proBdictus prcefatos confra- 1 85 tres suos, ut in inquisitione fienda contra Lollardos et haire- ticos hujusmodi diligentiam interim omnimodam quam pot- erant adhiberent, et cum revenerint, quid contra eos fecerint, ipsum plenius certificarent ; et specialiter de Mis quorum no- mina sibi detecta dictis confratribus mis, prout unumquemque in dioec. sua concernebant, in cedulis divisis conscripta circa tres dies antea tradidit et liberavit. Anno 1 60 1 , sess. 18. The Extracts out of the upper house books have this note immediately before the dissolution : "Arch- bishop exhorts the bishops to be diligent in their charge, and careful to observe the canons in the last convocation." 140 The manner of proroguing Anno 1586. The lower house book, immediately before the dissolution : Reverendissimus pater dominus Cant, querelatus est de prava et immoderata luxuria ac minus vereeundo gestu ac morum intemperie nonnullorum clericorum provincial Cant, ad fora et loca publico- concurrentium. Quare monuit deca- nos, arc/tidiaconos, et alios jam 2))'cesentes, ad qnos correctio delinquentium hujusmodi pertinet. ad severe procedend. et puniend. obnoxios et culpabiles, et si incorrigibiles persevera- verint, ad implorand. auxilium et opera episcopi diaicesani, vel ipsius reverendissimi patris, vel etiam ipsius serenissimai dominaz nostra', regina>, ne actionum et morum pravitas isto- rum obnubilet et obscuret doctrinam evangelii quod verbis profitentur, quo pluribus perniciosum siet pessimum eorum exemplum. The writs On the day of prorogation or dissolution the royal writ is ofpror °"^g produced, and publicly read: but that being only a direction gation and to the archbishop to prorogue or dissolve, neither of these are dissolution, effected by that publication of the writ. On the contrary, the very first writ of prorogation we meet with, anno 1532, May 15, was read in the morning : Reverendissimus ostendebat quoddam breve regium sibi directum pro prorogatione hvjusmodi con- vocations : quod breve idem reverendissimus publice legebat ; and yet the convocation sat till noon, and after dinner met again. So also anno 1534, March 31, the writ of proroga- tion was brought in and read, and afterwards the resolutions of the lower clergy touching the pope's supremacy were deli- vered ; and then the archbishop is said to continue to the day specified in the writ. For so is the practice of convocation : the pleasure of the prince is signified to the archbishop by the writ, but his grace pursues that royal order by a formal declaration out of a sche- dule, mentioning indeed the royal writ, but running solely in the archbishop's name, and by him pronounced in presence of the bishops and clergy. The authors therefore of some late schemes have done a manifest injustice to the constitution of our protestant church in contending, against law and practice, that the reformation put an end to the ancient canonical ways of transacting eccle- siastical matters, and introduced a new model inconsistent with the primitive distinctions between presbyters and bi- and dismUiam collegiatam divi Petri Westminster pro tribunaU sedentes, per spacium duarum horarum aut ch'citer inter se secrete communicarunt. Et tunc comparuit coram eis prolo- cutor domus inferioris. et allegavit. quod coetus dicta? domus inferioris excogitavit qua?dam capitula additionaba ad librum de diseiplina coram patribus ultima sessione porrectum, qua? quidem capitula dicto bbro (ut asseruit) addi cupit. Unde dictus reverencbssimu> tradidit eidem domino prolocutori librum pra?- annis 1562, $c. 159 dictum, mandando quod additis hujusmodi capitulis sic excogi- tates, ipsum librum, cum additionalibus praedictis, denuo exhi- beat coram eodem reverendissimo et confratribus suis in proxima sessione. Deinde, dictus reverendissimus, &c. conti- nuavit, &c. usque ad et in diem Mercurii, &c. inter boras pri- mam et tertiam post meridiem, &c. prout in schedula, &c. Sessio XXII. Die Mercurii, viz. tertio die mensis Martii, 1562, coram reve- rendissimo patre domino archiepiscopo Cantuariensi, ac re- verendis patribus dominis, &c. respective episcopis, in capella regis Henrici Septimi, &c. dominus prolocutor domus inferioris convocationis, ac mag. Thomas Sampson decanus ecclesia? Christi Oxon, et Wilhelmus Deye praspositus collegii regalis de Eaton, personaliter comparentes, nomine totius ccetus dicta? domus inferioris praesentarunt eisdem patribus quendam librum nuncupatum " Catechismus puerorum," cm (ut asseruerunt) omnes de ecetu ejusdem domus unanimiter consenserunt. Quem quidem librum penes eosdem patres dimiserunt. Et tunc, dicto domino prolocutore, una cum praefatis magistris Sampson et Deye ad domum inferiorem praedictam sese conferente, dictus reverendissimus cum confratribus suis praenominatis ac reve- rendis patribus dominis Roberto Winton, Johanne Hereforden, Nicholao Lincoln, et Thoma Coven et Lichen, respective epi- scopis, secretam quandam communicationem sive tractatum per spacium duarum horarum et ultra habuit. Ac postremo ipse reverendissimus pater, &c. continuavit, &c. usque ad et in diem Veneris, &c. inter horas octavam et nonam ante, &c. prout in schedula, &c. Sessio XXIII. Die Veneris, viz. 5. die mensis Martii, 1562, in domo capi- tulari ecclesiaa cathedralis divi Pauli London, hora prius as- signata, reverendissimus, &c. ac reverendi patres, &c. respective episcopi, pro tribunali sedentes, secrete inter se aliquandiu communicarunt. Ac tandem comparuit coram eis dominus pro- locutor domus inferioris, ac magistri Johannes Warner decanus Winton, Johannes Salisburye decanus Norwicen, Thomas Watts archidiaconus Middlesex, et Robertus Weston unus procurato- rum cleri diceces. Lichen, et exhibuerunt coram eisdem patribus 160 Acta in sup. dora. librum de disciplina, una cum quibusdam capitubs additionalibus ad eundem, viz. de adulterio, &c. ct penes eosdem patres dimi- serunt, Et dictus reverendissinius, &c. continuavit, &c. usque in diem Luna?, &c. inter boras primam et secundam post meri- diem ejusdem diei, &c. prout in scbedula, &c. Sessio XXIV. Die Lunge, 8. viz. die mensis Martii, 1562, in capella regis Henrici Septimi, &c. reverendus pater dominus Edmundus London episcopus, assidentibus secum reverendis patribus do- minis, &c. respective episcopis, vice ac authoritate dicti reve- rendissimi patris, continuavit, &c. usque ad et in diem Mer- curii, &c. inter boras primam et secundam, &c. ad hunc locum prout in scbedula, &c. Sessio XXV. Die Mercurii, viz. decimo die mensis Martii, 1562, in capella regis Henrici Septimi, &c. reverendissinius, &c. una cum reve- rendis patribus, &c. respective episcopis, pro tribunal! sedens, post tractatum abquem cum eisdem confratribus suis per du- arum horarum spacium secrete babitum continuavit, &c. usque ad et in diem Veneris, &c. inter boras octavam et nonam ante meridiem, &c. prout in schedula, &c. Sessio XXVI. Die Veneris, viz. 12°. die mensis Martii, &c. in domo capitu- lar! ecclesia? catbedralis divi Pauli London, reverendissimus, &c. una cum reverendis patribus, &c. respective episcopis, pro tri- bunali sedens, post secretum quendam tractatum cum eisdem confratribus suis per spacium duarum borarum habitum, &c. prorogavit, &c. usque ad et in diem Luna?, &c. inter horas primam et secundam post meridiem, &c. ad capellam regis Henrici Septimi, &c. prout in schedula, &c. Sessio XXVII. Die Lunae, viz. 15. die mensis Martii, &c. in quodam alto deambulatorio infra manerium domini archiepiscopi Cant, apud Lambeth, reverendissimus, &c. in pra;sentia mei Johannis In- cent notarii publici, registrarii primarii dicti reverendissimi patris personaliter constitutes, commisit vices suas reverendo in minis 1562, fyc. 1G1 Christo patri domino Wilhelmo permissione divina Cicestrensi episcopo ad continuand. ct prorogand. praafatam convoc. sive sacram synodum provinc. in statu quo nunc est usque ad et in diem Mercurii prox. futurum, viz. 17. diem prassentis mensis Martii, inter horas primam et secundam post meridiem ejusdem diei, ad capellam regis Henrici Septimi infra, &c. ac postea de die in diem et de loco in locum, quoties ipsum reverendissimum patrem abesse contigerit ; ac caetera omnia et singula faeiend. et expediend. qua? in prsemissis aut circa ea necessaria fuerint, seu quomodolibet opportuna. Et promisit de rat. &c. Deinde eodem die in capella regis Henrici Septimi super-mentionata, in praesentia mei praefati Joliannis Incent, notarii publici ac re- gistrarii antedicti, dictus reverendus pater dominus Wilhelmus Cicestrensis episcopus acceptans in se onus commissionis praefati reverendissimi patris, juxta vim formam et effectum ejusdem procedendum fore decrevit. Ac mox, autboritate sibi commissa, continuavit, &c. usque ad et in diem Mercurii, &c. inter boras primam et secundam post, &c. prout in scbedula, &c. Sessio XXVIII. Die Mercurii, viz. 17. die mensis Martii, &c. in capella regis Henrici Septimi infra, &c. venerabilis vir magister Thomas Yale legum doctor, reverendissimi, &c. vicarius in spiritualibus generalis, et commissarius ad infra scripta sufficienter consti- tutus, vice et authoritate ejusdem reverendissimi patris conti- nuavit, &c. usque ad et in diem Veneris, &c. inter horas nonam et undecimam ante meridiem, &c. prout in scbedula, &c. Sessio XXIX. Die Veneris, viz. 19. die mensis Martii, 1562, in domo ca- pitulari ecclesiae cathedralis divi Pauli London, reverendissi- mus, &c. pro tribunal] sedens, assidentibus secum reverendis patribus, &c. respective episcopis, cum eisdem confratribus suis per spacium duarum horarum aut circiter secrete cominunica- vit ; ac postea continuavit, &c. usque ad et in diem Luna;, &c. inter horas 1 et 3 post, &c. prout in scbedula, &c. Sessio XXX. Die Luna?, viz. 22. die mensis Martii, &c. in capella regis Henrici Septimi infra, &c. reverendus pater Wilhelmus, &c. Ci- OIBSON. M 162 Acta in sup. dom. cestrensis episcopus, vice et authoritate reverendissimi domini, &c. continuant, &c. usque ad et in diem Veneris, &c. inter horas octavam et undecimam ante, &c. prout in schedula, &c. Sessio XXXI. Die Veneris, viz. 26. die mensis Martii, 1563, hora nona ante meridiem, in domo capitulari ecclesiae cathedi*alis divi Pauli London, venerabilis vir magister Valentinus Dale, legum doctor, vice et authoritate reverendissimi, &c. continuavit, &c. usque ad et inter horam primam et tertiam post meridiem hujus diei ad hunc locum, prout in schedula, &c. Eodem die, hora secunda post meridiem ejusdem diei in domo capitulari ecclesiae divi Pauli London, venerabilis vir ma- gister Thomas Yale, legum doctor, vice et authoritate dicti re- verendissimi patris, &c. continuavit, &c. usque ad et in diem Veneris, &c. inter horas octavam et decunam ante. &c. prout in schedula. &c. Sessio XXXII. Die Veneris, viz. secundo die mensis Aprihs, 1563, in domo capitulari ecclesiae cathedralis divi Pauli London, hora nona ante meridiem ejusdem diei, venerabilis vir magister Thomas Yale legum doctor, vice et authoritate reverendissimi, &c. con- tinuavit, &c. usque ad et in diem Lunae, &c. inter horas pri- mam et tertiam post, &c. prout in schedula, &c. Sessio XXXIII. Die Lunae, viz. 5. die mensis Aprilis, 1563, venerabilis vir magister Thomas Yale, legum doctor, vice et authoritate reve- rendissimi, &c. continuavit, &c. usque ad et in diem Jovis, &c. inter horas primam et secundam. &c. prout in schedula, &c. Sessio XXXIV. Die Jovis, viz. octavo die mensis Aprilis, &c. in capella regis Henrici Septimi, &c. praefatus magister Thomas Yale vice et authoritate dicti reverendissimi, &c. continuavit, &c. usque ad et in diem Sabbati, &c. inter horas primam et tertiam post, &c. prout in schedula, &c. annis 1 562, SfC 163 Sessio XXXV. Die Sabbati, viz. decimo die mensis Aprilis, 1563, in capella regis Henrici Septimi infra, &c. venerabilis vir magister Tho- mas Yale, legum doctor, locum-tenens antedictus, vice et autho- ritate reverendissimi, &c. continuavit, &c. ad et in diem Mer- curii proxime futurum, viz. 14 diem praesentis mensis Aprilis inter horas primam et tertiam post meridiem ejusdem diei ad hunc locum, prout in schedula per eum lecta tenore subscripto plenius continetur. ' In Dei nomine, Amen,' &c. Breve regium de convocatione proroganda. Elizabeth, Dei gratia, &c. reverendissimo in Christo patri Matthaeo eadem gratia Cant, archiepiscopo, &c. Commissio archiepiscopi. Nos Matthaeus Cantuariensis archiepiscopus, &c. habentes mandatum domina? nostra? de proroganda convocatione, &c. Sessio XXXVI. Die Mercurii, viz. 14. die mensis Aprilis, an. Dom. 1563, in capella regis Henrici Septimi, &c. in praesentia mei Johannis Incent, notarii publici registrarii, &c. venerabilis vir magister Thomas Yale, legum doctor, pro tribunali sedens, acceptavit in se onus commissionis dicti reverendissimi patris domini Matthaei archiepiscopi Cant. &c. de convocatione prorogand. sibi facta?, et decrevit procedend. fore juxta vim formam et effectum ejusdem. Ex mox dictus Mr. Yale, vice et authoritate praefati reverendissimi patris, continuavit et prorogavit eandem convo- cationem in statu quo nunc est usque ad et in tertium diem mensis Octobris prox. futur. ad hunc locum, juxta tenorem brevis regii suprascript. eidem reverendo patri in hac parte direct, prout in schedula per eum lecta plenius continetur : cujus quidem schedula? verus tenor sequitur in haec verba : ' In Dei nomine, Amen,' &c. m 2 Forma sive descriptio convocations cekbrandai, prout ab antiquo observari consueuit. SCIENDUM est, quod oranes qui auctoritate reverendissimi domini ;uvhiepiscopi Cantuar. citantur ad comparendum coram eo in domo capitulari ecclesiae cathedralis divi Pauli London duodecimo die Jan. prox. tenentur praafixo tempore interesse, atque in eadem ecclesia cath. pra?stolari adventum dicti reve- rendissimi. Qui ex more, paulo post octavam ante meridiem illius diei, solet cum celebri comitatu apud portum Thamisis vocatum Paul's Wharf 'in terrain descendere, atque exinde praa- euntibus advocatis et procuratoribus curiae Cantuar. certisque reverendissimi generosis ac vigifero convocationis, ad ecclesiam cath. divi Pauli London recta tendere, atque in chorum ibidem ingredi. Ubi postquam in stallo decani collocatus fuerit, ac preces dixerit, tarn ipse quain reliqui episcopi prrcsentes habitu convocationis togati, ex utroque chori latere in suis stallis sese constituunt, et mox incipiunt preces, quibus S. Sancti gratia invocatur ; ac communio subsequitur. Ac tempore offertorii, tarn dictus reverendissimus quam caeteri suffraganei episcopi rem divinam celebranti ordine progredientes oblationem offerre ex more debent. Peracta in hunc morem re divina, solet doctus aliquis ex ccetu convocationis, sive superioris, sive infe- rioris domus, ad hoc selectus, e suggestu in medio chori concio- nem ad clerum ibidem congregatum Latine proferre. Qua absoluta, reverendissimus statim se confert in domum capitularem dicta? ecclesia?, sequentibus episcopis, et toto clero. Quibus ingressis ac seclusis extraneis, reverendissimo ac caateris suis co-episcopis in suis sedibus ordine considentibus, ac reliquo clero circumstante, reverendus dominus episcopus London mandatum sibi a dicto reverendissimo ad convocationem hujus- Subeun- modi [submonendam] alias directum, una cum debito certifica- rt/m in the t or i 0 SU p e r executione ejusdem, introducere, ac debita cum reverentia eidem reverenthssimo patri praasentare et tradere tenetur. Quo quidem certificatorio perlecto, statim porrigitur eidem reverendissimo schedula descripta, per quam pronunciat omnes Forma convocation is celebranda'. 165 acl cosdem diem horam et locum non comparentes contumaces, reservando poenam eorum contumaciam in aliquem diem compe- tentem pro beneplacito ipsius reverendissimi. Praamissis sic expeditis dictus reverendissimus ad episcopos et clerum tunc praasentes Anglice sive Latine causam sui ad- ventus ac dicta? convocationis inchoatae exponit. Quodque ex laudabili et antiqua ordinatione eadem convo- catio in duo membra dividitur, nempe in superiorem atque inferiorem domum. Unde reverendissimus et caeteri co-episcopi superiorem domum efficiunt ; inferior vero domus ex decanis ecclesiarum cath. arcliidiaconis, collegiorum magistris, et capi- tulorum cath. ecclesiarum, necnon cleri cujuscunque diceceseos procuratoribus constat. Et quoniam si in rerum tractandarum serie unusquisque ex inferiore domo suam ipse sententiam, quo ties visum esset, di- ceret, aut si omnes aut plures simul loqucrentur, pareret con- fusionem, igitur semper hactenus observatum fuit, ut unus aliquis doctus et disertus ex gremio dicta? inferioris domus in eorum omnium locum ad hoc munus assumatur ; ut is intel- lects et scrutatis caeterorum omnium votis, tanquam unum eorum omnium os et organum loquatur, et consonam eorum sententiam eidem reverendissimo, cum ad hoc rogatus seu mis- sus fuerit, caeteris silentibus fideliter referat : qui ex hoc mu- nere referendarius sive prolocutor communiter denominatur. Cujus eligendi libera facultas semper penes dictam inferiorem domum remanet. Unde ipse reverendissimus solet eosdem ex inferiori domo monere atque hortari, ut statim se conferant in dictam infe- riorem domum, ibiquc de viro docto pio et fideli in prolocu- torem suum assumendo consultantes, unanimiter consentiant et eligant, sicque electum ipsi reverendissimo in eadem domo ca- pitulari prox. insequente sessione debita cum solemnitate prae- sentent. His dictis, descendunt omnes in inferiorem domum ad effectum praadictum. Forma eligendi et pro3sentandi prolocutorem. Solet observari, ut postquam ingressi fuerint inferiorem do- mum, in sedibus se decenter collocent, et si aliqui ex iis sint consiliarii sive sacellani regiae majestatis, ut hi superiorcs sedes occupent ; atque ut unus ex iis propter dignitatem et reveren- 166 Forma convocationis celebrandce. tiam, seu in eorum absentia, decanus ecclesiae cath. D. Panli Lond. sive arcliidiaconus Lond. praesidentis officio in hujusmodi electione fungatur. Atque ut ad hoc rite procedatnr, primum jubebit nomina omnium citatorum et qui tunc interesse tenentur a clerico dictse inferioris domus recitari et praeconizari. Notatisque absenti- bus, alloquatur praesentes, atque eorum sententiam de idoneo procuratore eligendo sciscitetur. Et postquam de eo convenerint (quod semper quasi statim et absque ullo negotio perfici solebat) mox conveniunt inter se de duobus eminentioris ordinis, qui dictum electum reveren- dissimo domino Cantuar. in die statuto debita cum reverentia et solennitate praesentent. Quorum alter sicut, cum dies ad- venerit, ipsum prolocutorem cum Latina et docta oratione prae- sentare tenetur, sic etiam idem praasentatus habitu doctoratus indutus consimilem orationem ad dictum reverendissimum pa- teem ac praelatos et caeteros praesentes habere debet. Quibus finitis, praefatus reverendissimus oratione Latina tarn electores quam praesentatorem et praesentatum pro sua gratia collaudare, ac demum ipsam electionem sua archiepiscopali authoritate expresse confirmare et approbare non dedigna- bitur. Et statim idem reverendissimus Anglice, si placeat, exponere solet ulterius beneplacitum suum ; hortando clerum, ut de rebus communibus quae reformatione indigent, consultent et refe- rant die statuto. Ac ad hunc modum de sessione in sessionem continuabitur convocatio quamdiu expedire videbitur, ac donee de eadem dissolvenda breve regium eidem reverendissimo prae- sentetur. Et sciendum est, quod quotiescunque prolocutor ad prae- sentiam reverendissimi causa convocationis ac tempore sessio- nis accesserit, utatur habitu praedicto, ac janitor sive virgifer dictae inferioris domus ipsum reverenter antecedat. Ejusdem prolocutoris est etiam monere omnes ne discedant a civitate London, absque licentia reverendissimi ; quodque statutis diebus tempestive veniant ad convocationem. Quodque salaria clericorum tarn superioris quam inferioris domus, et janitoris inferioris domus, juxta antiquam taxationem, quatenus eorum quemlibet concernit, fideliter persolvant. Archbishop LauoTs mandate to the bishop of London, for summoning a convocation to meet at St. P aid's, April 14, 1640. GULIELMUS providentia divina Cant, archiepiscopus, to- tius Angliae primas et metropolitanus, venerabili confratri nostro domino Gulielmo eadem providentia London, episcopo, summo Angliae thesaurario, salutem et fraternam in domino charitatem. Breve illustrissimi in Christo principis et Domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae, et Hiberniae regis, fidei defensoris, &c. nobis inscriptum et directum, nu- per cum ea qua decuit reverentia observantia et subjectione, humiliter recepimus in haec verba. Carolus Dei gratia Angliae, Scotia?, Francia?, et Hiberniae rex, fidei defensor, &c. reveren- dissimo in Christo patri ac fideU consiliario nostro Gubelmo eadem gratia Cant, archiepiscopo, totius Angliae primati et metropolitan© salutem. Quibusdam arduis et urgentibus ne- gotiis nos, securitatem et defensionem ecclesiae Anglicanae ac pacem et tranquillitatem bonum publicum et defensionem regni nostri et subditorum nostrorum ejusdem concernentibus, vobis in fide et dilectione quibus nobis tenemini rogando mandamus, quatenus praemissis debito intuitu attentis et ponderatis, uni- versos et singulos episcopos vestrae provinciae, ac decanos eccle- siarum cathedralium, necnon archidiaconos, capitula et col- legia, totumque clerum cujuslibet dioeceseos ejusdem provinciae, ad comparendum coram vobis in ecclesia cathedrali sancti Pauli London, decimo quarto die mensis Aprilis proxime futuri, vel alibi prout melius expedire videatis, cum omni cele- ritate accommoda modo debito convocari faciatis, ad tractan- dum, consentiendum et concludendum super praemissis et aliis quae sibi clarius exponentur tunc ibidem ex parte nostra. Et hoc sicut nos et statum regni nostri et honorem et utilitatem ecclesiae praedictae diligitis, nullatenus omittatis. Teste meipso apud Westm. vicesimo die Februarii anno regni nostri decimo quinto. Quocirca fraternitati vestrae committimus et manda- mus, quatenus omnes et singulos co-episcopos ecclesiae nostrae Christi Cant, suffraganeos infra prasfatam provinciam nostram 168 Mandatum pro Summonitione Cantuariensem constitutes, peremptorie citetis, ac per eos, decanos ecclesiarum cathedralium et colleeiatarum et sino-ula capitula earundem, archidiaconosque et casteros ecclesiarum praslatos exemptos et non exemptos, clerumque cujuslibet dioec. provincias nostras antedictae pereraptorie eitari et praemoneri volumus et mandamus : quod iidem episcopi, decani, arcludia- coni et casteri ecclesiarum praelati exempti et non exempti personaliter, et quodlibet capitulum ecclesiarum cathedralium et collegiatarum per unum, clerusque cujuslibet dicec. provincias nostra? antedictas per duos sufficientes procuratores, compareant coram nobis aut nostro in hac parte locum-tenente sive com- missario (si nos impediri contigerit) in domo capitulari ecclesias cathedralis S. Pauli London, decimo quarto die mensis Aprilis prox. futuro post datum prassentium cum continuatione et pro- rogatione dierum extunc sequentium et locorum (si oporteat) fiend, ad tractandum super arduis et urgentibus negotiis statum et utilitatem bonum publicum et defensionem regni Anglias et subditorum ejusdem concernentibus, ipsis tunc et ibidem serio- sius exponend. suaque sana consilia et auxilia super eis im- pensur. ac bis quas ibidem ex deliberatione communi ad bonorem Dei et ecclesia? utilitatem salubriter ordinari et statui conti- gerit, consensur. ulteriusque factur. et receptur. quod justum fuerit, et hujusmodi negotii natm*a et qualitas de se exigimt et requirunt. Vos autem, venerabibs confrater noster, dictum mandatum quatenus vos et capitulum ecclesise vestrae cathe- cb^alis ac civitatem et dicec. London concernit, exequi per omnia faciatis et eidem pareatis in omnibus cum effectu. Prasterea tenore praesentium vos citamus quatenus eisdem die et loco coram nobis aut nostro in hac parte locum-tenente sive com- missario uno vel pluribus una cum aliis venerabilibus confra- tribus nostris dictae provinciae nostras Cant, co-episcopis compa- reatis super hujusmodi negotiis (ut praemittitur) tractatur. necnon factur. et receptur. quod ad vestram paternitatem attinet, prout superius continetur. Volumus insuper et man- damus quatenus intimetis et denuncietis seu intimari et dcnun- ciari faciatis dictae provinciae nostras Cant, co-episcopis, decanis, arcbicUaconis et casteris ecclesiarum praslatis suprascriptis ; quod eos a personali comparitione in hujusmoch negotio convocationis et congregationis dictis die et loco (ut prasmittitur) divina fa- vente dementia celebrando excusatos non habere intcndimus Convocationis, anno 1640. 169 ista vice nisi ex causa necessaria tunc et ibidem allegand. et proponend. et per nos approband. sed contumacias eorum qui absentes fuerint canonice punire. Et prasterea vobis ut supra injunghnus et mandamus, cpiod omnibus et singulis co-episcopis suffraganeis provincia? nostrae Cant, pra?dicta3 injungatis seu faciatis injungi utsinguli eorum sigillatim de facto suo, quatenus pertinet ad eosdem, nos seu locum-tenentem sive commissarium nostrum unum vel plures dictis die et loco per literas eorum patentes nomina et cognomina omnium et singidorum per eos respective citatorum continentes distincte certificent et aperte. De die vero receptionis praesentium, et quid in praemissis fece- ritis, nos aut nostrum commissarium bujusmodi dictis die et loco debite certificari curetis per literas vestras patentes, harum seriem una cum nominibus omnium et singulorum episcoporum provincia? nostra? Cant, decanorum, arcbidiaconorum et caete- rorum praelatorum vestrae dicec. in separata scbedula Uteris certificatoriis annectend. complectent. Datum in manerio no- stro de Lambeth vicesimo secundo die mensis Febr. anno Do- mini juxta computationem ecclesiae Anglicanae millesimo sex- centesimo tricesimo nono, et nostrae translationis anno septimo. » Acta in superiore domo Convocationis incozptai decimo quarto die Aprilis, anno 1640. Prima sessio. Die Martis, decimo quarto viz. die mensis Aprilis, anno Domini millesimo sexcentesimo quadragesimo, regnique sere- nissimi in Christo principis et Domini nostri domini Caroli Dei gratia Angliae, Scotiae, Francise, et Hiberniae regis, fidei defen- soris, &c. anno decimo sexto ; reverendissimus in Christo pater, et dominus dominus Gulielmus providentia clivina Cantuariensis archiepiscopus, totius Angliae primas et metropolitanus, mane inter horas octavam et nonam ante meridiem ejusdem diei, a manerio suo de Lambehith in naviculo suo dicto vulgo " a barge," ad ripam dictam Paul's ivharfe, London, applicuit, ibidemque ab advocatis et procuratoribus ac caeteris ministris almae sua? curiae Cantuariensis de arcubus London, acceptus, in curru sive vehiculo ad palatium episcopale London, venit. Ac paulo post, idem reverendissimus pater amictu et habito suis vestitus, ab advocatis, procuratoribus, et caeteris ministris suis curia? praedictae, ad ostium boreale ecclesiae Paulinae juxta palatium episcopale London, antedictum, et inde in ecclesiam cathedralem sancti PauU London, praedict. ductus fuit. Ibique ad dictum ostium, venerabiles viri Thomas Wynnyff, sacraa theologiae professor, decanus, nec non Henricus King et Jo- hannes Montfort, sacrae theologiae professores, canonici residen- tiarii dictae ecclesiae cathedralis, caeterique ministri ejusdem ecclesiae superpelliciis induti, eum praestolabantur, et ad chorum ipsius ecclesiae per occidentale ostium ejusdem chori perduxe- runt, comitantibus eum episcopis suffraganeis provinciae suae Cantuariensis, simihbus habitibus indutis, et ibidem in stallo decani collocatus fuit. Caeterisque episcopis suffraganeis pro- vinciae Cantuariensis, habitibus suis in hujusmodi negotio con- vocationis solitis et consuetis indutis, stallis praebendariorum, ex utraque parte dicti chori, sedentibus ; ac consequenter de- cantato per ministros chori praedicti hymno, " Te Deum lauda- mus," &c. in sermone Anglieano; venerabihs vir Thomas Turner sacrae theologiae professor, canonicus residentiarius dictae ec- clesiae cathedralis sancti Pauli London, suggestum in medio chori positum ingressus fuit. Ac ibidem concionem venustam Acta in sup. dam. aunts 1640, fyc. 171 et eloquentem sermone Latino ad patres ac populum et clerum praesentes habuit ; accepto pro themate versu decimo sexto capituli decimi secundum Evangelium sancti Matthaei, viz. " Ecce mitto vos ut oves in medium luporum, estote igitur prudentes sicut serpentes, et innocentes ut coluinbae." Qua quidem concione finita, ac decantato per ministros chori pras- dicti alio psalmo sive hymno, " 0 Lord, make thy servant Charles," &c. reverendissimus pater dominus Gulielmus Can- tuariensis archiepiscopus antechctus chorum praedictum egressus, ac domum capitularem ecclesiae cathedralis praedictae ingressus, comitantibus eum cagteris episcopis et cleri praelatis provincias suae Cantuariensis, pro tribunali sedebat, assidentibus secum unchque episcopis suffraganeis, viz. Guliehno London, summo Angliae Thesaurario, Waltero Winton, Johanne Sarum, Ro- berto Coven et Lichen, Godfrido Gloucestren, Josepho Exon, Johanne Asaphen, Guhelmo Bathon et Wellen, Johanne Oxon, Georgio Hereforden, Matthaeo Ehen, Roberto Bristohen, Gu- helmo Bangor, Johanne Roffen, Briano Cicestren, Johanne Petriburgen, et Morgano Landaven, respective episcopis perso- naliter comparentibus. Cui quidem reverendissimo patri pro tribunali sedenti, post lecturain brevis regii per me Sacvilum Wade notarium publicum registrarii deputatum, eidem reveren- dissimo patri in hac parte inscripti et directi, praefatus reve- rendus pater dominus Guhelmus London, episcopus exhibuit et praesentavit certificatorium super executione mandati citatorii et monitorii dicti reverendissimi patris alias sibi praefato do- mino episcopo London, directi : cujus quidem certificatorii tenor sequitur in haec verba, &c. " Reverendissimo in Christo patri ac domino domino Gu- liehno providentia divina Cantuariensi archiepiscopo," &c. Quo quidem certificatorio per me praefatum Sacvilum Wade notarium publicum antedictum de mandato dicti reverendissimi patris, publice lecto, praeconizatisque publice omnibus reverendis patribus provinciae Cantuariensis episcopis suffraganeis, in eodem certificatorio nominatis, praefatus reverendissimus pater verbis Latinis concept, clerum domus inferioris convocationis in domo capitulari praedicta coram eo et caeteris praelatis constitutura, monuit, quatenus ad solitum et consuetum conventus sui locum sese conferentes, unum virum gravem doctum et peritum de gremio suo provideant et eligant in eorum prolocutorem sive 172 Acta in sup. dom. referendarium, ipsumque sic electum exhibeant et praesentent coram codem rcvcrendissirao patre aut ejus locum-tenente sivo commissario die Veneris proximo, viz. decimo septimo die in- stantis mensis Aprilis inter horas nonam et undecimam ante meridiem cjusdem diei in capella regis Henrici septimi infra ecclesiam collegiatam beati Petri Westminster. Quo clero dimisso ad locum solitum, scilicet capellam beatae Marias Vir- ginis ad finem orientalem ecclesiae cathedralis praedictas ex parte australi ejusdem, ad effectum eligendi unum gravem doctum et peritum virum de grcmio suo in eorum prolocutorem sive referendarium, sese conferebant, et post aliquem tractatum inter dictum reverendissimum patrem et praefatos reverendos patres confratres suos, reverendissimus ad se accersiri fecit totum ccetum domus inferioris. Quibus comparentibus, vene- rabilis vir Thomas Wynnyff, sacrae theologiae professor, deca- nus ecclesiae cathedralis sancti Pauli London, praedict. unus dictae domus ad hoc electus, tam nomine suo quarn totius ccetus dicta? domus chcto reverendissimo patri significavit se et caete- ros dictae domus, vcnerabiles viros Ricardum Steward, legum doctorem, decanum ecclesiae cathedralis Cicestren. in eorum prolocutorem et Gilbertum Sheldon sacrae theologiae profes- sorem, custodem collegii omnium animarum fidelium defuncto- rum Oxon, in praesentatorem dicti prolocutoris respective unanimi consensu elegisse. Quibus sic gestis, praefatus reve- rendissimus pater pronunciavit omnes et singulos decanos, ar- chichaconos, capitula, cleri procuratores, ac caeteros quoscunque ad interessendum istis die hora et loco in hujusmodi sacra synodo sive convocatione monitos et citatos, et nullo modo comparentes, notorie contumaces, pcenas vero contumaciarum suarum hujusmodi usque ad et in praedictum decimum septi- mum chem instantis mensis Aprilis, inter horas nonam et unde- cimam ante meridiem ejusdem diei, ad ecclesiam collegiatam beati Petri Westminster, praedictam, reservando ; prout in schedula per eundem reverendissimum patrem lecta plenius continetur. Cujus quidem schedules tenor sequitur et est talis. " In Dei nomine Amen. Nos Gulielmus," &c. Postremo dictus reverendissimus pater continuavit et prorogavit prae- sentem convocationem sive sacram synodum, &c. omniaque et singula certificatoria istis die hora et loco introducta, et intro- ducenda et non introducta, in eodem statu quo nunc sunt usque omnis 1640, Sfc. 1713 ad et in prsedictum decimum septimum diem instantis mensis Aprilis inter horas nonam et undecimam ante meridiem ejus- dem diei ad ecclesiam collegiatam beati Petri Westminster, prout in alia schedula per eum lecta tenoris sequentis contine- tur, viz. In Dei nomine Amen, &c. Nos Gulielmns, &c. " Reverendissimo in Christo patri ac domino domino Guli- elmo, &e. a " Reverendissimo in Christo patri ac domino domino Guli- clmo," &c. b Secunda sessio. Die Veneris, decimo septimo, viz. die mensis Aprilis, anno Domini 1640, inter horas nonam et undecimam ante meridiem, &c. reverendissimus in Christo pater dominus Gulielmus Can- tuariensis archiepiscopus, ac reverendi patres domini Guliel- mus London, Walterus Winton, Johannes Sarum, Robertus Coven et Lichen, Godfridus Gloucestren, Josephus Exon, Richardus Norwicen, Johannes Asaphen, Gnlielmus Bathon et Wellen, Johannes Oxon, Georgius Hereforden, Matthaeus Elien, Robertus Bristolien, Gulielmus Bangor, Johannes Rof- fen, Brianus Cicestren, Johannes Petriburgen et Morganus Landaven respective episcopi, in capella regis Henrici Septimi infra ecclesiam collegiatam beati Petri Westminster congregati, primo et ante omnia preces Deo optimo maximo flexis genibus humiliter fundebant ; ac finitis precibus, coram prsefato reve- rendissimo patre, una cum aliis confratribus suis pra3dictis pro tribunah sedente, in praesentia mei Sacvili Wade notarii publici, &c. comparuit personaliter venerabilis vir Robertus Newell sacra? theologise professor, sub-decanus ecclesia? collegiatse beati Petri Westminster pra3dicti, secum stantibus venerabilibus viris, Thoma Wilson, Petro Heylyn, Jonathan Brown, Griffitho Wil- liams, Guhelmo Haywood, et Georgio Aglionby sacrae theolo- giae professoribus, et ecclesiae collegiatae prseclictae pra3bendariis, ac Roberto Cooke notario publico, et nonnullis aliis testibus. Qui quidem venerabilis vir Robertus Newell sub-decanus ante- dictus, tunc et ibidem dixit, allegavit, protestatus est, et ca3tera fecit, prout in quadam papyri schedula, quam in manibus suis tunc et ibidem tenens publice legebat in haec verba. " In Dei nomine Amen, coram vobis notario publico, publicaque et au- a Certificatorium Archid. Cant. b Certificatorium Doct. Farmery. 174 Acta in sup. dom. thentica persona ac testibus fide dignis hie praasentibus, ego Robertus Newell sacra? theologiaa professor, sub-decanus eccle- siaa collegiataa beati Petri Westmonasteriensis," &c. Et tunc dic- tus reverendissimus pater pro se et confratribus suis, ac omnibus et singulis praalatis et clero sua? Cantuariensis provinciaa in hac praesenti convocatione sive sacra synodo provinciali praasentibus ac jus seu interesse habentibus, protestatus est, et caatera fecit, prout in alia schedula per eundem reverencUssimum patrem lecta tunc et ibidem continetur, viz. " In Dei nomine Amen, cum haac ecclesia collegiata beati Petri Westminster," &c. Praa- sentibus tunc et ibidem venerabilibus viris domino Nathaniele Brent milite et legum doctore, dicti reverendissiini patris vica- rio in spiritualibus generaU, domino Carolo Caasar milite et legum doctore, magistro rotulorum domini regis et euriaa ad facultates commissario, et nonnullis aliis testibus, &c. Quibus sic gestis, praanominatus reverendissimus pater, post interval- lum temporis ad eum accersiri jussit praalatos et cleruin domus , inferioris. Qui copiose sese praasentantes, exhiberi et sisti fecerunt venerabilem virum Richardum Steward legum docto- rem, decanum ecclesiaa cathedralis Cicestrensis, in prolocutorem sive referendarium totius coatus domus inferioris praadictaa ultima sessione electum ; quem venerabilis vir Gilbertus Shel- don in praasentatorem ista sessione etiam electus, vice totius coatus praadictaa domus inferioris, praamissa facunda et eloquenti oratione per eum, exhibuit et praasentavit dicto reverendissimo patri et caateris episcopis praadictis. Ac facta aha oratione eleganti per eundem prolocutorem sic praasentatum, praafatus reverendissimus pater dominus archiepiscopus Cantuariensis antedictus de consensu confratrum suorum praadictorum eun- dem Richardum Steward electum hujusmodi, et electionem praadict. per aliam orationem Latinam commendavit et appro- bavit : et tunc idem reverendissimus pater in praasentiis reve- rendorum patrum confratrum suorum praadictorum, ac prolo- cutoris et caaterorum de coatu domus inferioris convocationis, serenissimum dominum nostrum Carolum regem pro suo amore et favore speciali erga eos abunde commendans, literam quan- dam suain regiam, sigillo magno Angliaa sigillatam, de ordi- nando et conficiendo quasdam constitutiones ordinationes sive capitula, statum ecclesiasticum sinceram religionem et utilita- tem ecclesiaa Anglicanaa concernentes et tendentes, una cum annis 1640, fyc. 175 nonnullis provisionibus in eadem licentia insertis, produxit et exhibuit sub tenore sequenti, viz. " Charles by the grace of God," &c. Qua per me Sacvilum Wade in hac parte actorum scribam, publice tunc et ibidem alta voce perlecta, dictus reverendissimus pater, et caeteri epi- scopi secum assidentes, cum omnimoda reverentia subjectione et humilitate gratanter acceptarunt et receperunt, et reveren- dissimus pater antedictus, praefatuin prolocutorem et alios de domo inferiori decanos archidiaconos capitula et cleri procu- ratores ibidem praesentes, voluit ut ipsi inter se convenirent et mature excogitarent de subsidiis dicto domino nostro regi con- cedend. et Canonibus et Constitutionibus statum ecclesiasticum et Christi religionem in ecclesia Anglicana concernentibus, con- cipiendis, et quicquid inde senserint sive excogitaverint, in scriptis redigant, et coram ipso reverendissimo et confratribus suis episcopis exhibeant. Tunc dimisso prolocutore cum ccetu domus inferioris praedictas, habitoque aliquandiu tractatu inter praefatum reverendissimum et caeteros episcopos suffraganeos suos (ut praefertur) comparentes, reverendissimus pater de et cum consensu reverendorum confratrum suorum praedictorum continuavit et prorogavit praesentem convocationem sive sacram synodum provincialem, in statu quo nunc est, usque ad et in diem Mercurii proximum, viz. vicesimum secundum diem in- stantis mensis Aprilis, inter horas octavam et duodecimam ante meridiem ejusdem diei, ad hunc locum, cum ulteriori continua- tione et prorogatione dierum et locorum (si oporteat) in ea parte fienda, prout in schedula per eum lecta plenius contine- tur ; cujus quidem schedulae verus tenor sequitur in haec verba, " In Dei nomine, Amen. Nos Gulielmus providentia divina Cantuariensis archiepiscopus," &c. Tertia sessio. Die Mercurii, vigesimo secundo, viz. die mensis Aprilis anno Domini 1640, inter horas octavam et duodecimam ante meri- diem ejusdem diei, reverendissimus, &c. tractatum habuit cum eisdem citra negotia parliamenti eis et aliis domus supcrioris ejusdem commissa et isto die expedienda, et consensu rnutuo eorum decretum fuit per dictum reverendissimum patrem ut reverendi patres dominus Gulielmus London, Robertus Coven et Lichen, Johannes Asaphen, Georgius Hereforden, Gulielmus 176 Acta in sup. dom. Bangor, Johannes Roffen, ct Johannes Petriburgen, respective episcopi antedicti, a convocatione hujusmodi reccderent, et sese ad negotia parliamenti prsodicti subeund. applicarent : post quorum reccssum, tractatu secreto inter dominum archiepisco- pum et reliquos episcopos antedictos secum modo assidentes habito, reverendissiraus ad se accersiri fecit prolocutorem una cum toto cuetu domus inferioris. Quibus coram eo, et cseteris episcopis antedictis, modo (ut praofertur) secum assidentibus, comparentibus, notum fecit illas permagnas expensas quae per regiam majcstatem ex causis urgentibus erogandae sunt, et ilia non minus pericula qua? et statum et regnum Angliae hoc tem- pore imminent, eisque de causis et aliis per ipsum reverendis- simum expositis, se et confratres suos praedictos inter se trac- tasse et convenisse de sex subsidiis et majori numero subsidio- rum (si aliquo tempore major numerus per praelatos et clcrum Cantuariensis provinciae concessus ex registro constaret) illus- trissimo domino nostro regi per ipsos concedendis juxta ratam quatuor solidorum de qualibet libra sub certis conditionibus et provisionibus in quodam libro desuper concipiend., et de sol- vendo dicta subsidia in tam brevi tempore quam aliqua unquam soluta fuere ; eosdemque rogavit, ut in testimonium singularis eorum obedientia? et obsequii erga dictum dominum nostrum regem concessioni hujusmodi ad statum eorum praeberent con- sensum et responsa darent ; habito prius tractatu inter eos de eisdem. Ac tunc praefatus reverendissimus pater in examina- tores et correctores libri subsidiorum praedict. reverendos patres dominos Josephum Exon, Matthaeum Elien, et Robcrtum Bris- tolien, respective episcopos, nominavit, et voluit prolocutorem et totum ccetum domus inferioris praadictas, ad eligendum qua- tuor vel sex graviores viros de gremio suo, ad idem ncgotium cum dictis reverendis patribus expediend. Modo, dimisso pro- locutore, cum toto coetu praadicto, reverendissimus pater domi- nus archiepiscopus Cantuariensis antedictus iterum secrete tractavit cum praedictis l'everendis patribus ; et post temporis intervallum dominus prolocutor cum toto ccetu praadicto rever- tens, nomine suo et eorum dixit, quod ipse et coetus domus inferioris de propositis diligentcr tractarunt, et omnes eorum consensum libentissime dederunt concessioni dictorum sex sub- sidiorum, et majoris numeri, si major numerus per clerum unquam concedebatur, juxta ratam quatuor solidorum e qua- annis 1640, fyc. 177 libet libra; seque et totum coetum domus inferioris pra?dicta? elegisse in examinatores et correctores libri subsidiorum pra?- dict. cum praefatis dominis episcopis Exon. Elien. et BristoHcn. venerabiles viros Isaacum Bargrave et Thomarn Wynnyff, ccclesiarum cathedraliuni Cant, et London, decanos, necnon Thomam Paske et Thomam Wilson archidiaconos London, et Westminster, ac dominum Jobannem Lambe militem et legum doctorem, alma? curia? Cantuariensis de arcubus London, officialem, unum procuratorum cleri Lincoln, et Petrum Heylyn sacra? theologia? professorem, procuratorem pro capitulo West- minster. Quam electionem dominus archiepiscopus et con- fratres sui approbarunt. Et ut Deus, bonorum omnium lar- gitor, boc pra?sens parliamentum ita disponeret, quod omnes in eodem conventi in unum consentirent ad Dei gloriam et ho- norem, ecclesia? utilitatem et commodum, ac regis et regni pacem et tranquillitatem ; pra?fatus ' reverendissimus pater do- minus archiepiscopus, de mandato regio voluit divinam Dei gratiam implorari, et formulam precis ad eundem effectum per duos doctos et graviores viros ccetus domus inferioris ad hoc per dominum prolocutorem cum consensu totius coetus dicta? domus eligendos concipi. Quibus sic gestis, ac prolocutore cum toto ccetu domus inferioris pra?dicta? dimisso, reverendis- simus pater antedictus sermonem secretum cum episcopis con- fratribus suis antedictis inivit, et post aliquem tractatum inter eos habitum, prolocutor venit et dixit, se cum consensu ccetus domus inferioris pra?dicta? elegisse venerabiles viros Gulielmum Bray, et Johannem Olhver saera? theologia? professores, sacel- lanos domini archiepiscopi Cantuariensis pra?dicti, ad concipi- endiun formulam precis pra?dict. L T nde dimisso domino pro- locutore, idem reverendissimus pater et confratres sui sermo- nem secretum iterum inierunt, et colloquium inter sese habu- erunt. Postmodum vero dominus prolocutor cum quinque e sex illis correctoribus sive examinatoribus libri subsidiorum dicta? domus inferioris compariut ; et reverendissimus pater dominus archiepiscopus antedictus sermonem habuit cum eis de capitulis canonum concipiendis, et dixit se et confratres suos de duobus capitulis eversionem sive suppressionem Jesuitarum, presbyterorum, et aliorum Romana? ecclesia?, concernentibus, tractasse, et de eisdem consentiisse, eademque in bonis schedu- lis papyri (ut apparuit) conscripta produxit : easdemque sche- GIBSON. N 1 78 Acta in sup. dom. dulas dicto domino prolocutori tradidit, toto coetui domus infe- rioris proponendas, legend, et publicand. cum monitione quod copias earum cuicunque tradere minime pra?sumat. Et si ali- quis dicta? domus aliquid dictis capitulis contrarium proponat, porrigat in scriptis et tradat in manus domini prolocutoris, domino archiepiscopo et ca?teris episcopis domus superioris exhibiturum ; ut ipsi de eisdem consultarent. Denique, eis dimissis, habitaque inter dominum archiepiscopum et episcopos prsedietos communicatione de rebus convocationis, reverendis- simus pater de et cum consensu reverendorum confratrum suorum pra?dictorum continuavit, &c. prout in schedula per eum lecta plenius continetur, cujus quidem schedula? verus tenor sequitur in haec verba. " In Dei nomine Amen, nos Gulielmus pvovidentia divina archiepiscopus Cantuariensis," &c. Die A T eneris 24. viz. die mensis Aprilis anno Domini 1640. reverendissimus in Christo pater et dominus dominus Guliel- mus providentia divina Cantuariensis archiepiscopus, &c. in quadam conclavi superiori infra manerium suum de Lambeth in comitatu Surria?, in pra?sentia mei Sacvili Wade notarii publiei, &c. substituit, et loco suo constituit reverendos in Christo patres ac venerabiles confratres suos dominos Godfri- dum Gloucestren. et Johannem Oxon. respective episcopos, ad interessendum et pra?sidendum vice, loco, et authoritate suis in sacr. synodo sive convocatione pra?latorum et cleri Cantua- riensis provincia?, vigore et authoritate brevis regii in hac parte directi, decimo quarto, viz. die instantis mensis Aprilis (divina favente dementia) in domo capitulari ecclesia? cathe- dralis sancti Pauli London, inchoat. et celebrat. ac de die in diem usque ad et in instantem vicesimum quartum diem mensis Aprilis pra?dict. inter horas secundam et quartam post meri- diem ejusdem diei, ad capellam regis Henrici Septimi infra ecclesiam collegiatam divi Petri Westminster, continuat. et pro- rograt. nec non ad communicandum et tractandum cum vene- rabilibus confratribus suis dictae Cantuariensis provinciae co- episcopis ac praalatis et clero ejusdem sua? provincia? de et super omnibus et singulis causis et negotiis qua? in ea sacra synodo provinciali sive convocatione proponenda, tractanda, et communicanda fuerint : atcpe hujusmodi convocationem sive sacram synodum provincialem a dicto 24to die mensis Aprilis minis 1640, fyc. 179 usque ad et in diem Sabathi 25tum diem ejusdem mensis Aprilis ad capellam regis Henriei Septimi prsedictam conti- nuand. et prorogand. caeteraque omnia et singula alia faciend. exercend. et expediend. qua? in ea parte necessaria fuerint seu quomodolibet opportuna et requisita, fraternitatibus suis conjunctim et divisim commisit vices suas et plenam in domino concessit facultatem. Quartet sessio. Die Veneris 24. viz. die mensis Aprilis anno Domini et loco praedictis, inter horas secimdam et quartam post meridiem ejusdem diei, in praesentia mei Sacvili Wade notarii publici, &c. reverendus pater dominus Godfridus Gloucestren. episco- pus in substitutione reverendissimi in Christo patris domini Gulielmi Cantuariensis archiepiscopi antedicti, una cum reve- rendo patre domino Johanne Oxon. episcopo nominatus, &c. intimata substitutione hujusmodi per me praefatum notarium publicum, assumsit in se onus dicta? substitutionis, et decrevit procedendum fore juxta tenorem, \ira, formam, et effectum ejusdem ; et sedendo legit schedulam continuationis, &c. in scriptis, &c. prorogando et continuando hujusmodi convoca- tionem in statu quo nunc est, usque ad et in diem praesentis mensis Aprilis inter horas secundam et quartam post meridiem ejusdem diei, ad hunc locum, prout lathis in schedula per eum lecta continetur. Cujus quidem schedula? verus tenor sequitur et est talis. " In Dei nomine Amen, nos Godfridus, permis- sione divina Gloucestren. episcopus," &c. Quinta sessio. Die Sabbathi 25. viz. die mensis Aprilis anno Domini 1640, inter horas secundam et quartam post meridiem ejusdem diei, reverendissimus in Christo pater, &c. [ut supra] sermonem cum eisdem reverendis patribus confratribus suis de libro sub- sidiorum per quosdam episcopos et alios electos domus infe- rioris examinando et corrigendo, et cum confratrum suorum praedictorum consensu decrevit libitum fore aliquibus duobus episcopis cum quatuor e ccetu domus inferioris aliquo tempore ad dictum librum examinandum et corrigendum ; et ulterius pro meliori expeditione negotiorum hujus sacra? synodi, idem reverendissimus, cum consensu et assensu eorundem confratrum n 2 180 Acta in sup. dom. suorum ordinavit, quod nullus episcopus aut aliquis e clero, copiam canonis aut partem canonis proposituri et tractaturi, exscribere aut de aliqua hujusmodi canone foras fabulare prae- sumpserit, donee hac convocatione sive sacra synodo plenarie et finaliter assensum et sacra regia majestate approbatum erit, sub poena suspensionis cujuslibet e clero per tres menses, et syn- odicae monitionis pro quolibet praelato qui ita peccaverit ; 'prout in actu synodico sequenti continetur, viz. — Quibus sic gestis, dominus prolocutor venit cum quinque aliis e domo inferiori, et reverendissimus eis declaravit istum actum synodicum praece- dentem, et voluit eundem dominum prolocutorem ad declaran- dum istum actum toto ccetui dictae domus ; et habito tractatu per reverendissimum cum eodem domino prolocutore de canoni- bus componendis et faciendis, idem reverendissimus dimisit pro- locutorem. Quo dimisso, reverendissimus iterum sermonem liabuit cum dictis dominis episcopis confratribus suis ; et prae- fatus dominus prolocutor cum sex illis correctoribus sive exami- natoribus subsidiorum per domuin inferiorem ad boc electis mox revertebat, et dixit se et to turn ccetum domus inferioris consensum et assensum suos confectioni dicti actus synodici ad- hibuisse, et eundem unanimiter approbasse ; et tunc dictus do- minus prolocutor in sacras manus domini reverendissimi quan- dam formulam precis per doctores Bray et Olliver conceptam, omni cum reverentia tradidit in forma sequenti, viz. " Omnipo- tens et sempiterne Deus," &c. Quam formulam precis reve- rendissimus et confratres sui praedicti hoc verbo (Anglicanae) addito, approbarunt, et reverendissimus cum eorum consensu dictam precem in convocatione quotidie habendam, et imme- diate ante benedictionem legendam, fore decrevit. Tunc dimisso domino prolocutore reverendissimus post aliquem tractatum inter se et confratres suos prasdictos habitum, continuavit et prorogavit praesentem convocationem sive sacram synodum pro- vincialem in statu quo nunc est usque ad et in diem Mercurii vicesimum viz. diem instantis mensis Aprilis inter horas secun- dam et quartam post meridiem ejusdem diei ad hunc locum, prout in schedula per eum lecta continetur ; cujus quidem schedulae verus tenor sequitur in haec verba, " In Dei nomine, Amen. Nos Gulielmus, providentia divina Cantuariensis archi- episcopus," &c. minis 1640, Sj'c. 181 Sextet sessio. Die Mercurii vigesimo nono, viz. die Mensis Aprilis, anno Domini 1 640, &c. inter boras secundam et quartam post meri- diem, &c. reverendus in Christo pater dominus Gulielmus, &c. Bathon. et Wellen. episcopns, reverendissimi in Christo patris domini Gulielmi Cant, archiepiscopi, &c. commissarius, inter alios conjunctim et divisim legitime constitut. prsesentatis Uteris commissionalibus dicti reverendissimi patris, eisque per me prsefatum notarium publice lectis, acceptavit in se onus execu- tionis earundem literarum commissionalium, et decrevit proce- dendum fore juxta tenorem, vim, formam, et effectum earundem ; et immediate idem reverendus pater commissarius antedictus judicialiter sedens, continuavit &c. prout in scbedula per eum lecta continetur, cujus quidem scbedula? verus tenor sequitur in hsec verba, viz. " In Dei nomine, Amen. Nos Gulielmus, per- missione cbvina Bathon. et Wellen. episcopus," &c. Septima sessio. Die Sabbathi secundo viz. die mensis Maii anno Domini 1640, inter horas secundam et quartam post meridiem ejusdem diei in capella regis Henrici Septimi infra ecclesiam collegia- tam beati Petri Westminster, in praesentia mei Sacvili Wade notarii publici, &c. reverendus pater dominus Johannes Asaph- ensis episcopus reverendissimi, &c. commissarius, inter alios conjunctim et divisim &c. constitutus, pra?sentata commissione per me Sacvilum Wade notarium publicum antedictum, lecta- que &c. ob honorem dicti reverendissimi patris assumpsit in se onus dicta? commissionis, et decrevit procedendum fore juxta tenorem, vim, formam, et effectum ejusdem ; et sedendo legit schedulam continuationis, &c. in scriptis, &c. prorogando, &c. prout in schedula per eum lecta continetur; cujus quidem sche- dula? verus tenor sequitur et est talis, viz. " In Dei nomine, Amen. Nos Johannes, permissione divina Asaphen. episcopus," &c. Octava sessio. Die Martis quinto viz. die mensis Maii anno Dom. 1640, inter horas secundam et quartam post meridiem, &c. reverendus in Christo pater dominus Johannes Sarum episcopus in commis- sione reverendissimi, &c. inter alios conjunctim et divisim no- minatus, &c. pra3sentata commissione hujusmodi, &c. et lecta, 182 Acta in sup. (lain. &c. assumpsit, &c. prorogando, &c. prout in schedula per eum lecta continetur ; cujus, &c. " In Dei nomine, Amen. Nos Jo- hannes, &c. Sarum episcopus," &c. Nona sessio. Die Sabbathi nono viz. die mensis Maii anno Dom. 1640, &c. inter horas secundam et quai'tam post meridiem ejusdem diei, in capella, &c. reverendus in Christo pater dominus Johannes Sarum episcopus et commissarius sive locum-tenens antedictus pro tribunali sedens, assidentibus secum reverendis, &c. epi- scopis, hujusmodi convocationem sive sacram synodum provin- cialem in statu, &c. una cum ulteriori continuatione et proro- gatione dierum extunc sequentium, et locorum si oporteat in ea parte fiendis, continuavit et prorogavit, prout in schedula per eum lecta plenius continetur ; cujus quidem schedule verus tenor, &c. " In Dei nomine, Amen. Nos, &c. Sarum episco- pus," &c. Decima sessio. Die Mercurii 13 0 . viz. die mensis Maii anno Dom. 1640, inter horas secundam et quartam post meridiem ejusdem diei, reve- rendissimus in Christo pater dominus Guhelmus Cant, archi- episcopus, &c. pro tribunali sedens, assidentibus secum, &c. post tractatum habituni cum eisdem de temporis instabihtate ac im- petu et tumultu sordidissimae populi sortis prope et circa civita- tem London, et suburbia ejusdem nuperrime confluentis, ac inique et hostihter sese gerentis : voluit et mandavit prolocuto- rem et totum ccetum domus inferioris ad se accersiri. Quibus comparentibus, reverendissimus, in praesentiis reverendorum patrirm confratrum suorum, significant et intimant, serenlssi- mum dominum nostrum Carolum regem ex gratia sua speciali licentiam sive commissionem magno sigillo suo Anghae sigilla- tam de ordinando et conficiendo quasdam constitutiones, or- dinationes sive canones, statum ecclesiasticum concernentes, renovandam cm'asse, ad regium suum beneplacitum duraturam, et eandem hcentiam sive commissionem produxit et exhibuit sub forma verborum sequentium, viz. " Charles by the grace of God," &c. Qua per me prasfatum Sacvilum Wade in hac parte actorum scribam sive registrarii deputatum pubhce tunc et ibidem alta voce perlecta, dictus reverendisshnus pater et caBteri episcopi secum assidentes et annis 1640. Sec. 183 clerus domus inferioris predict, sese coram eis exhibentes, cum omni reverentia, obedientia, subjectione, et humilitate gratis animis acceptarunt et receperunt : et reverendissimus pater antedictus prolocutorem et alios de domo inferiori, decanos, archidiaconos, capitula et cleri procuratores ibidem pra3sentcs, vol u it. ut ipsi inter se convenirent et excogitarent de bene- volentia sive extraordinaria contributione dicto serenissimo domino nostro reei concedenda; et deinde de canonibus et constitutionibus statum ecclesiasticum, et ecclesia? utilitatem concernentib. componend. faciend. et inter se consentiend. Et ut ipsi, pro meliori et celeriori ipsius negotii expeditione, quos- dam graviores et doctiores viros de gremio suo eligerent, dictum negotium de canonibus concipiendis subitur. Et subse- quenter magister Willielmus Fisher notarius publicus et domus inferioris actuarius, mihi praefato notario certificavit in fidem notarii, venerabiles viros, dominum prolocutorem, Isaacum Bar- grave, Thomam Wynnyffe, et Richardum Baily sacra? the- ologia? respective professores, et decanos ecclesiarum cathe- dralium Cant. London, et Sarum, Thomam Paske, Andream Binge, et Radulphum Brownrigg sacra? theologia? professores, archidiaconos London. Norwicen. et Coven. Johannem Mont- fort et Gilbertum Sheldon sacra? theologia? professores, pro- curatores pro capitulis ecclesiarum cathedralium divi Pauli London, et Gloucester, necnon dominum Johannem Lambe mi- litem et legum doctorem, Benjaminum Laney, Thomam Turner, Edwardum Franklin, sacra? theologian professores, et Gil- bertum Ironside sacra? theologia? baccalaureum, procuratores pro clero, Lincoln. Winton. Norwicen. et Bristolien. esse electos cum consensu totius domus ad effectum pra?dictum. Tunc di- misso domino prolocutore, cum toto ccetu domus inferioris, reverendissimus colloquium habuit cum confratribus suis, ut ex- cogitarent imprimis de canonibus novis concipiendis, et deinde de veteribus canonibus percontandis et examinandis ; ad ef- fectum eisdem addendi, vel eos supplendi, si hujusmodi sacra? synodo expedire videatur. Et insuper hortatus est idem reve- rendissimus, ut forma? libri articulorum in qualibet visitatione posthac ministrandorum, et de consecratione ecclesiarum, capel- larum, et ccemeteriorum concipiantur ; et post res ita gestas, pra?dictus reverendissimus pater jussit prolocutorem coram se et confratribus suis vocari. Quo prolocutore, cum octo decanis 184 Acta in gup. it. colloquium, prolocutor curn quibusdam aliis <> ccetu domus inferioris domum superior rem intravit, ct praesentavit binos canones. Tunc, eo dimisso. habitoque tractatu inter domiiunn archiepiscopum et episcopos antedictos, revertebat cum decern aliis dicta' domus inferioris, et alios praBsentavit canones. Prolocutore iterum dimisso, paulo post revertebat cum duobus vel tribus e domo inferiori ; et re- verendissiinus in eorum praesentiis elegit dominos episcopos, Winton. Exon. Elien. ct Bristolien. ad prassentandum cum ipso instrumcntum benevolentiae sive contributionis voluntaries sere- nissimo domino regi, et voluit dominum prolocutorcm ad eli- gendum sex aut octo alios domus inferioris ad similiter praesen- tandum cum ipso prolocutore dictum instrumentum. Deinde, habito tractatu secret© cum eodem prolocutore (me notario an- tedicto semoto) reverendissimus eundem proloeutorem dimisit, et praesentem convocationem, &c. usque ad et in diem Mercurii 27. viz. diem, &c. inter boras nonam ct undecimam ante meri- diem continuavit, &c. prout in schedula tenoris sequentis con- tinetur. " In Dei," &c. Sessio XXIII. Die Mercurii 27 0 . viz. die mensis Maii, anno Dom. 1640. inter horas nonam et undecimam ante meridiem ejusdem diei, &c. reverendissimus, &c. ad se accersiri fecit dominum proloeu- torem et totum ccetum domus inferioris. Quibus comparentibus, reverendissimus significavit, quod die Luna? ultimo mane instru- mentum concessionis benevolentiae, sive contributionis volun- taria?, unanimi consensu hujus sacra? synodi serenissimo do- mino nostro regi concessao, in ejus sacras manus per eos utrius- que domus ad hoc electos cum omni bumilitate, obedientia. et subjectione, traditum fuit. Regiaque sacra majestas eandein concessionem gratiose acceptavit, et voluit ipsum reverendissi- mum pro domo superiori et dominum proloeutorem pro domo inferiori, ad gi'atias utrique domui nomine suo pro eadem refe- rend. : quodque die Martis ultimo, canones in bac sacra syuodo tractat. per ipsum reverendissimum regia? majestati in prae- sentiis domiuorum e privato suo consilio lecti fuerunt, regiaque majestas, et domini e consilio praedict., eosdem unanimiter et sine haesitatione approbarunt : et dominus rex voluit eundem reverendissimum ad habendum gratias utrique domui hujus (JIBSON. 0 194 Act. ((am. convocationis pro magna eorum cura et labore citra confectio- nem eorundem. Inter vero hujusmodi sermonis prolationem, domino Guliclmo Bangor, cpiscopo comparente, et in hac sacra synodo una cum dominis episcopis antedictis sedente, reveren- dissimus prolocutorem et totem ccetum domus inferioris prae- dicta? dimisit. Tunc, habito aliquo tractatu inter reverendissi- mum et prsefatos pradatos, confratres suos, prolocutor rever- tebat et secum introduxit conclusionem cujusdam canonis pro suppressione accretionis numeri papistarum, et eandem penes reverendissimum reliquit. Deinde, dimisso prolocutore, post alicpiod temporis intervallum comparuit Willielmus Fisher no- tarius publicus et actuarius domus inferioris, et praasentavit schedulam concernentem titulos cujuslibet canonis in hac sacra synodo usque in horam praedictam tractat. per domum inferio- rem (ut asseruit) fact, et assens. Unde reverendissimus, cum consensu confratrum suorum, eosdem titulos approbavit. Deni- que prolocutor iterum venit, et exhibuit quosdam canones contra judices ecclesiasticos et eorum registrarios et officiarios ; cisdemque in sacras manus reverendissimi traditis, et prolo- cutore dimisso, reverendissimus continuavit, &c. usque ad et in diem Jovis 28. viz. diem, &c. inter horas nonam et undecimam ante meridiem, prout in schedula per eum lecta continetur, cujus quidem schedula? verus tenor sequitur. " In Dei no- mine." &c. Sessio XXIV. Die Jovis 2 8°. viz. die mensis Maii, anno Domini 1640, inter horas nonam et undecimam ante meridiem ejusdem diei, reve- rendissimus, &c. post aliquem tractatum cum eis [episcopis] habitum, dominus prolocutor venit cum quinque aliis e coetu domus inferioris, et ex parte aliquorum inhabitantium parochi- anorum sancti dementis Danorum extra barras novi Templi London, et beata? Maria? Savoy, in Le-Strand. in comitatu Middlesexia>, exhibuit literas quasdam petitionales manibus suis propriis subsignatas ; et quidam Johannes Crosse lanio, Willielmus Stevenson lanio, et uxor Rogeri Barton, partes in dictis literis mentionata?, obtulerunt se promptos et paratos ad justiticandum suggestiones in eisdem, et nominatim accusarunt magistrum Johannem Allen notarium publicum re- gistrarii deputatum, et Arthurum Coleman apparitorem domini archidiaconi Middlesexia?, tanquam partes in dictis literis cri- minis 1640, SfC 195 minosas, et in officiis suis male se gerentes. Unde reveren- dissimus, cum consensu praelatorum et cleri, in hac sacra synodo congregat., decrevit, cos vocandos fore coram commissariis re- giis, ac processum contra eos rieri ex mero officio in ista curia etiam decrevit. Tunc, dimisso prolocutore, reverendissimus tractavit cum praelatis citra istos canones contra cancellarios et alios judices ecclesiasticos et eorum officiarios. Post istum tractatum, prolocutor cum 17 aliis e domo inferiori revertebat, et reverendissimus cum eodem prolocutore tractatum habuit citra istos canones, et in finem tractatus eos retradidit eidem domino prolocutori per eum et totam domum inferiorem eon- siderand. Deinde prolocutore dimisso, reverendissimus conti- nuavit, &c. usque ad et inter horas secundam et quartam post meridiem hujus diei. Prout in scbedula tenoris sequentis con- tinetur. " In Dei," &c. Sessio XXV. In pomeridiano ejusdem diei in loco praedicto, reverendissi- mus, &c. post tractatum cum eis [episcopis] habitum, prolocutor venit cum 19 aliis e ccetu domus inferioris, et proposuit quos- dam canones ecclesiasticos ; et eo pro tempore dimisso, rever- tebat cum duobus vel tribus e ccetu dicta? domus, et reveren- dissimus in prsesentiis domini Johannis Lambe militis, legum doctoris officialis de arcubus, et doctoris Heath auditoris curia) audien. Cant., qui ad informandum reverendissimum et episco- pos vocati sunt, tractavit cum domino prolocutore citra canones praedictos. Post tractatum hujusmodi finitum, dominoque pro- locutore dimisso, reverendissimus continuavit, &c. usque ad et in diem Veneris 29 0 . viz. diem, &c. inter horas nonam et unde- cimam ante mei-idiem, &c. prout in schedula per eum lecta tenoris sequentis continetur, viz. " In Dei nomine, Amen," &c. Ultima sessio. Die Veneris 29 0 . viz. die mensis Maii, anno Domini 1 640, inter horas, &c. reverendissimus, &c. judicialiter sedens : pro- locutor venit cum quibusdain aliis e ccetu domus inferioris, et proposuit quendam canonem. Tunc, eo dimisso, habitoque tractatu inter reverendissimum patrem antedictum et confra- tres suos super eodem canone, prolocutor cum toto ccetu domus inferioris praedictae revertebat ; et reverendissimus cum una - 0 2 196 Acta in siijj. dam. nimi consensu pradatorum et cleri hujus sacrae synodi decrevit regiam majestatem supplieandam fore, ut liber publicarum pre- cum, in Latinum versus, reiinprimatur, prout in actu synodico sequenti continetur, viz. " Decernimus insuper," &c. Deinde, reverendissimus, in prassentiis dicti domini prolocutoris, et to- tius coetus domus inferioris, protulit librum canonum in bac sacra synodo traetat. continentem septemdecim capitula cano- num. Quem reverendissimus in manibus suis tenens, cum domino prolocutore, alta et intelligibili voce legebat. Quo per- lecto, reverendissimus, et reverendi patres antedicti (excepto domino episcopo Gloucestren. antedicto, subscribere pi*o tem- pore denegan.) ac dominus prolocutor et totus ceetus domus inferioris antedictse, isto die comparentes, nominibus suis et aliorum pro quibus constituti sunt consensum et assensum suos eisdem canonibus prsestiterunt, et eorum nomina manibus suis propriis eisdem respective subscripserunt. Et reverendissimus. inter hasce subscriptiones, interrogavit dictum dominum epi- scopum Gloucestren. an dictis canonibus assensum suum pra?- bere, et nomen subscribere velit; idem dominus episcopus re- spondendo denegavit. Unde reverendissimus primo, secundo et tertio, monuit eundem dominum episcopum ad subscriben- dum. Ipse refutavit, et sic ad secundam et tertiam monitionem canonicam respondebat, nisi ad subscribendum negative, pe- tendo beneficium synodi. Tunc, reverendissimus eundem domi- num episcopum Gloucestren. ob contumaciam et inobedientiam suam bujusmodi, ab episcopatu suo pro parte sua deprivandum fore decrevit, ac monuit et jussit dominum Jobannem Lambe militem tunc prsesentem, ad concipiendum sententiam depriva- tionis ; et ad vota et suffragia pradatorum ad eundem effectum processit. Post aliquem processum bujusmodi habitum, major pars praelatorum vota sua deprivationi dicti domini episcopi pra3buit. Tunc praefatus dominus episcopus obtulit ad subscri- bendum, et de facto nomen suum dicto libro apposuit. Quibus sic gestis, dictoque reverendo patre interrogato per reveren- cUssimum ad rogatum prolocutoris et aliorum e coetu domus inferioris, an ipse subscripsit voluntarie et ex animo, sine seqxri- vocatione, animi evasione, et secreta reservatione ; respondebat, quod ipse subscripsit, et aliter denegavit respondere. Deinde, dimisso domino prolocutore cum toto ecetu domus inferioris, reverendissimus et confratres sui pra^dicti super istud grave . in it is 1640, Jjf'c. 197 scandalum, ecelcsia; Anglicana;, et huic sacra) synodo per dic- tum dominum episcopum illatum, inter sc tractarunt, ct una- nimiter vota sua dederunt pro suspensione ejusdem episcopi ab officio et beneficiis suis ecclesiasticis. Et mox dominus prolo- cutor cum toto coetu domus inferioris revertebat, ac nomine suo et totius coetus praedicti, dixit se et totum ccetum domus suae, citra istud scandalum ecelesiae huic Anglicana; et synodo sacra; per dominum episcopum Gloucestr. illatum, tractasse, et vota sua et eorum suspensioni ejusdem episcopi ab officio ct bene- ficiis prasbuisse. Et ulterius dominus prolocutor, nomine suo et eorum, dominum archiepiscopum imploravit, ut dictus domi- nus episcopus Gloucestr. ante recessum suum ab hac civitate, juramentum in sexto canone in hac sacra synodo traetat. men- tionat. pra3staret ; et ut reverendissimus interrogaret eundem dominum episcopum an ipse subscripsit bona fide sine asquivo- catione et animi evasione. Unde facta monitione dicto domino episcopo Gloucestren., quod non recedat a civitate, donee jura- mcntum praedictum ei oblaturum praestitei'it ct subierit, reve- rendissimus cum consensu totius synodi dictum dominum epi- scopum Gloucestren. ab officio et episcopatu suo Gloucestr. et ab omnibus beneficiis suis ecclesiasticis suspendendum fore de- crevit, donee serenissimo domino nostra regi et sacra; ecelesiae, ob magnum hujusmodi dedecus et grave scandalum illatum, satisfecerit. Eumque in scriptis suspendebat, prout in sche- dula sequenti continctur, viz. " In Dei nomine, Amen. Nos Gulielinus," &c. Postremo, habito per reverendissimum ser- mone gravi et eleganti praelatis et clero praedictis, lectoque per me praefatum notarium brevi regio, de mandato dicti l'everen- dissimi patris, de convocatione dissolvenda, tenoris sequentis, viz. " Carolus Dei gratia," &c. idem reverendissimus pater, ob honorem et rcverentiam dicti domini nostri regis juxta tenorem brevis regii praedicti, eandem convocationem sive sacram syno- dum provincialem dissolvit, prout in schedula per dictum reve- rendissimum patrem lecta plenius continetur ; cujus quidem schedula' tenor sequitur et est talis, viz. " In Dei nomine, Amen. Nos Gulielmus," &c. Acta superior-is damns Convocation-is incveptce octavo die mensis Maii, anno 1 66 1 . GULIELMUS providentia divina Cantuar. archiepiscopus, totius Anglise primas et metropolitanus, venerabili confratri nostro domiuo Gilberto, eadem providentia London, episcopo, salutem, et fraternam in Domino charitatem. Breve illustris- simi in Christo principis, et doraini nostri domini Caroli Se- cundi, Dei gratia Anglia?, Scotiae, Francise, et Hibernise regis, fidei defensoris, &c. nobis inscript. et direct, nnper cum ea qua decuit reverentia, obedientia et subjectione, humiliter recepimus in haec verba. " Carolus Secundus, Dei gratia Anglic, Scotia3, Franciae. et Hiberniae rex, fidei defensor, &c. reverendissimo in Cbristo patri Gulielmo eadem gratia Cantuar. archiepiscopo, totius Anglias primati et metropolitano, salutem. Quibusdam arduis et urgcntibus negotiis nos, securitatem et defensionem ecclesiae AnglicanaB, ac pacem et tranquillitatem, bonum publi- cum, et defensionem regni nostri et subditorum nostrorum ejusdem concernen. vobis in fide et dilectione cpiibus nobis tenemini rogando mandamus, quatenus praemissis debito intuitu attentis et ponderatis, universos et singulos episcopos vestrae provincias. ac decanos ecclesiarum cathedralium, nec non archi- diaconos, capitula, et collegia, totumque clerum cujuslibet dice- ceseos ejusdem provinciae, ad comparendum coram vobis in ecclesia catbedrali sancti Pauli London, octavo die mensis Maii prox. futur. vel alibi prout melius expedire videritis, cum omni celeritate accommoda modo debito convocari faciatis, ad trac- tand. consentiend. et concludend. super praemissis et aliis qua; sibi clarius exponentur tunc ibidem ex parte nostra. Et hoc sicut nos et statum regni nostri, ac honorem et utilitatem ecclesiae prasdict. diligitis, nullatenus omittatis. Teste meipso apud Westm. undecimo die Aprilis, anno regni nostri tertio decimo." Quocirca fraternitati vestrae committimus et mandamus, qua- tenus omnes et singulos co-episcopos ecclesiaa nostrae Christi Cantuar. suffraganeos, infra praefatam nostram provinciam Cant. Acta superioris domus] See Hist, of Conferences, pp. 370-391. Collier, vol. ii. p. 886. Acta in sup. dun), anno 1661. 191) constitutes, pereniptorie citetis, et per eos decanos ecclesiarum cathedralium, et collegiatarum, et singula capitula earundcm, archidiaconosque et alios ecclesiarum prrelatos exemptos et non exemptos, clerumque cujuslibet diceceseos provincial nostrse Can- tuar. antedict. pereniptorie citari et prsemoneri volumus et man- damus : quod iidem episcopi, decani, archidiaeoni, et eaeteri ec- clesiarum cathedralium prselati exempti et non exempti persona- liter, et quodlibet capitulum ecclesiarum cathedralium et colle- giatarum per unum, clerusque cujuslibet dioeces. provincial no- stras antedict. per duos sufficien. procuratores, compareant coram nobis aut nostro in hac parte locum-tenente sive cominissario (si nos impediri contigerit) in domo capitulari ecclesia? cathe- dralis sancti Pauli London. 8 die mensis Maii prox. futur. post datum pra?sentiuin, cum continuatione et prorogatione dierum extunc sequen. et locorum (si oporteat) fiend., ad tractand. super arduis et urgentibus negotiis, statum et utilitatem, bonum publicum et defensionem regni Angha3 et subditorum ejusdem eoneernen., ipsis tunc et ibidem seriosius exponend., suaque sana consilia et auxilia super eis impensur. ac hiis qua? ibidem ex deliberatione communi ad honorem Dei et ecclcsia? utilitatem salubriter ordinari et statui contigerit, consensur. ulteriusque factur. et receptur. quod justum fuerit et hujusmodi negotii natura et qualitas de se exigunt et requirunt. Vos autem, venerabilis confrater, dictum mandatum, quatenus vos et capitulum ecclesia? vestra? cathedralis ac civitatem et dicec. London, concernit, excqui per omnia faciatis et eidem pareatis in omnibus cum effectu. Praeterea, tenore prsesentium vos citamus, quatenus eisdem die et loco coram nobis aut nostro in hac parte locum-tenente sive commissario, uno vel pluribus, una cum aliis venerabilibus confratribus nostris dicta? provincial nostra? Cantuar. co-episcopis. compareatis, super hujusmodi negotiis, ut praemittitur, tractatur. nec non factur. et receptur. quod justum fuerit et quod ad vestram paternitatem attinet, prout supcrius continetur. Volumus insuper et mandamus, quatenus intimctis et denuncietis seu intimari et denunciari faciatis dicta? provincial nostra? Cantuar. co-episcopis, decanis, archidiaconis, et ca?teris ecclesiarum pra?latis suprascript. quod eos a personali comparitione in hujusmodi negotio convocationis et congregationis, dictis die et loco (ut prseniittitur) divina favente dementia celcbrand. excusatos non habere intendimus 5200 Acta in sup. dom. ista vice nisi ex causa necessaria tunc et ibidem allegand. et proponend. et per nos approband. sed contumaciam eoriuu qui absentes fuerint, canonice punire. Et pra?terea, vobis (ut supra) injungimus et mandamus, quod omnibus et singulis co-episcopis >uffraganeis provincial nostra? Cantuar. pra'dict. injungatis et injungi faciatis, ut singuli corum sigillatim de facto suo qua- tenus pertinet ad eosdem, nos seu locum-tenentem sive commis- sarium nostrum unum vel plures dictis die et loco per literas eorum patentes nomina et cognomina omnium et singulorum per eos respective citatorum continen. distincte certilicent et aperte. De die vero receptionis praesentium, et quid in pra?- missis feceritis, nos aut nostrum in hac parte locum-tenen. sive commissarium hujusmodi dictis die et loco debite certificari curetis per literas vestras patentes harum seriem una cum nominibus omnium et singulorum episcoporum provincia? nostra? Cantuar. decanorum, arohidiaconorum, et ca?terorum pra?la- torum vestra? diceceseos in separata sehedula Uteris certificato- riis annectend. complecten. In cujus rei testimonium sigillum nostrum archiepiscopale pra?sentibus apponi fecimus. Dat. in manerio nostro de Lambetb, duodecimo die mensis Aprilis, anno Domini miilesimo sexcentesimo sexagesimo primo, et nostra? translationis anno primo, &e. Sessio prima. Die Mercurii, 8°. viz. die mensis Maii, anno Domini 1661, anuoque regni domini nostri Caroli Secundi Dei gratia Anglia?, Scotia?, Francia?, et Hibernia? regis, fidei defensoris, &c. 13. reverendus in Cbristo pater et dominus Gilbertus providentia divina London, episcopus, inter haras nonam et decimam ante meridiem ejusdem diei. una cum nonnullis reverendis in Cbristo patribus confratribus et co-episcopis suis, nec non decanis, arcludiaconis, ca?terisque clericis et ministris, nec non advocatis et procuratoribus, et ca?teris ministris alma? curia? Cant, de arcubus London, ab aedibus Berwick in medicinis doc- toris intra Paul's churchyard in parochia sancti Gregorii civitatis London, notorie sit. et situat., usque ad et in parvum ostium australe ecclesia? Paulina? in ecclesiam cathedralem sancti Pauli London, pervenit ; et ibidem venerabilis vir Mat- tha?us Nicholas, in legibus doctor, decanus, Thomas Turner, Johannes Hacket et Edwardus Layfield, sacra? theologia? anno 1661. 201 professores, canonici residentiarii dicta) ecclesiie cathedralis, cseterique canonici et praebendarii ejusdem ecclesiae superpel- liciis induti, eum prapstolabantur, et ad chorum ipsius ecclesia? perduxerunt, coniitantibus eum episcopis provincial Cant, simi- libus habitibus indutis. Et ibidem dictus reverendus pater in stallo quodam collocatus fuit, caeterisque episcopis suffraganeis provincial Cant, habitibus suis in hujusmodi convocations negotio solitis et consuetis, indutis, stallis praebendariorum (jam pro stallis usitatis) ex utraque parte dicti chori sedentibus, ac decantato per ministros chori pra?dicti hymno " Te Deum lau- damus," &c. lectoque capitulo pro lectione secunda istius diei, et aliis precibus matutinis juxta formam liturgiae peractis, et alio hymno, " O Lord, make thy servant Charles," &c. cantato, venerabilis vir Thomas Pierce, S. Theologiae professor, sug- gestum usitatum ingressus fuit, ac ibidem concionem venustam et eloquentem sermone Latino, ad reverendos patres et populum et clerum praasentes habuit, accepto pro themate versu 28 decimi quinti capituli Act. Apostolorum, viz. " Visum est enim Spiritui Sancto et nobis, nihil ultra imponere vobis oneris, quam haac necessaria." Qua quidem concione finita, ac decan- tato per ministros chori praedicti alio hymno, " 0 Lord, grant the king a long life," &c. reverendus pater dominus episcopus London, tanquam locum-tenens reverendissimi in Christo patris ac domini domini providentia divina Cant, archiepiscopi, totius Angliaj primatis et metropolitan], legitime constitut. chorum praadict. egressus, ac domum capitularem (ut dicitur pro hac vice) ecclesiae cathedralis divi Pauli London, prasdict. ingressus, comitantibus eum caeteris episcopis et cleris pradatis provinc. Cant, assidentibus secum undique episcopis suffraganeis, viz. Matthaao Elien., Gulielmo Bathon. et Wellen., Roberto Oxon., Joanne Roffcn., Henrico Cicestren., Georgio Wigorn., Hum- frido Sarum, Benjamino Petriburgen., Edwardo Norwicen., Nicolao Hereford., et Gulielmo Gloucestren. respective epi- scopis personaliter comparcntibus, dictoque revei'endo patre domino episcopo London, pro tribunali seden., venerabilis vir Richardus Chaworth legum doctor, dicti reverendissimi patris vicarius in spiritualibus generalis, et officialis principalis legi- time constitutus, praesentavit dicto reverendo patri domino episcopo London, literas quasdam commissionales dicti reveren- dissimi patris, dicto domino episcopo London, et aliis co-episcopis 202 Acta in sup. dom. conjunctim et divisini direct. Quibus Uteris commissionalibus per me prajfatum Willielmum Fisher, notarium publicum et registrarii deputatum, de mandato dicti reverend} patris publice perlectis, dictus reverendus pater dominus Gilbertus London, episcopus onus executionis earundem in se acceptavit, et de- crevit procedendum fore juxta tenorem earundem. Deinde brevi regio per dictum dominum Richardum Cha- worth prsesentato, dicto reverendissimo patri inscripto et directo, et per me, prsefatum notarium publicum antedictum, de mandato domini Gilberti London, episcopi publice perlecto, dictus venerabilis vir Richardus Chaworth, tanquam vicarius in spiritualibus generalis domini episcopi London, exhibuit et praesentavit certificatorium super executione mandati citatorii et monitorii dicti reverendissimi patris alias sibi praefato domino episcopo London, directi. Cujus quidem certificatorii tenor sequitur in hsec verba, &c. " Reverendissimo in Christo patri, ac domino domino Gulielmo providentia divuia Cant, archiepi- scopo, totius," &c. Quo quidem certificatorio per me praefatum Willielmum Fisher, de mandato dicti reverendi patris, publice lecto, prceco- nizatisque publice omnibus et singulis reverendis patribus pro- vincia? Cant, episcopis suftraganeis in eodem certiftcatorio men- tionatis ; pra?fatus l-everendus pater verbis Latinis conceptis clerum domus inferioris convocationis in dicta domo capitulari coram eo et cantoris })r0elatis constitutum, monuit, quatenus ad solitum et consuetum conventus sui locum sese conferentes, unum virum gravem, doctum, et peritum, de gremio suo provi- deant et eligant in eorum prolocutorem sive referendarium, ipsumque sic electum exhibeant et pr?esentent coram reveren- dissimo patre, aut ejus locum-tenente sive commissario die Jovis prox. decimo sexto die mensis jam instantis Maii, inter horas 9 et 11, ante meridiem ejusdem diei in capella regis Henrici 7. infra ecclesiam collegiatam B. Petri Westm. Quo clero dimisso, ad locum solitum, ad effectum eligendi unum gravem, doctum, et peritum virum de gremio suo in eorum prolocutorem sive referendarium sese conferebant, et post ali- quem tractatum inter dictum reverendum patrem et prajfatos reverendos patres confratres suos, venerabilis vir Mattha?us Nicholas legum doctor, decanus ecclesia? cathedralis divi Pauli London, praedictae, una cum venerabilibus viris Thoma Turner anno 1661. S. theol. professore, et Richardo Bayley S. theolog. professore, a dicta domo inferiori ad hoc electis, tain nomine suo proprio quam totius ccetus dicta? domus, dicto reverendo patri signifi- cavit, se et caeteros dictae domus convenire, venerabiles viros Henricum Fearne S. theologian professorem in eorum prolocu- torem, et Johannem Pearson S. theolog. professorem in prae- sentatorem dicti prolocutoris respective unanimi consensu ele- gisse. Quibus sic gestis, praefatus reverendus pater pronun- ciavit omnes et singulos, decanos, archidiaconos, capitula, cleri procuratores ac caeteros quoscunque ad interessendum istis die, hora, et loco, in hujusmodi synodo sacra sive convocatione monitos et citatos, et nullo modo comparentes, notorie contu- maces ; pcenas vero contumaciarum suarmn hujusmodi usque ad et in decimum sextum instantis mensis Maii inter horas 9 et 1 1 ante meridiem ejusdem diei ad ecclesiam collegia tarn B. Petri Westm. praedict. reservando, et reservabit, prout in schedula per dictum reverendum patrem lecta plenius liquet. Cujus quidem schedula? tenor sequitur et est talis ; viz. " In Dei nomine, Amen. Nos Gilbertus," &c. Postremo dictus reve- rendus pater continuavit et prorogavit prasentem convoca- tionem sive sacram synodum, omniaque et singula certihcatoria istis die, hora, et loco, introducta ac introducenda et non intro- ducta, in eodem statu quo nunc sunt, usque ad et in praadictum decimum sextum diem jam instantis Maii praedict. inter horas 9 et 11. ante meridiem ejusdem diei, ad ecclesiam collegiatam B. Petri Westm. prout in alia schedula per cum lecta tenoris sequentis continetur ; viz. " In Dei nomine, Amen. Nos Gil- bertus," &c. Certificatorium archidiaconi Cant., reverendissimo in Christo patri, &c. Secuada sessio. Die Jovis decimo sexto die mensis Maii, 1661, inter boras 9etn. ante meridiem ejusdem diei, reverendo in Christo patre ac domino Gilberto London, episcopo, necnon reverendis patribus Guilielmo Bathon. et Wellen., Matthaeo Elien., Roberto Oxon., Johanne Roffen., Henrico Cicestren., Georgio Wigorn., Humfrido Sarum, Benjamino Petriburgen., Georgio Asaphen., Guilielmo Meneven., Hugone Landaven., Edwardo Norwicen. et Guilielmo Gloucestrcn., respective cpiscopis in capella regis 204 Acta in suj>. us Elien. episcopus, &c. post tractatum aliquod, &c. continuavit. &c. juxta schedulam, &c. P 2 212 Acta sup (loin. Sessio XIV. Die Mercurii, 3". viz. die mensis Julii, inter boras 9 et 11 ante meridiem ejusd. diei, &c. reverendo patre domino episcopo London, pro tribnnali seden., assideu. secum reverendis re- spective patribus, nec non Durbam. et Carbolen. respective assiden., dictus reverendus pater dominus episcopus London., una cum dictis reverendis patribus confratribus suis tractatum de et super consideratione actus quoad impressio- nem, &c. babuit ; et ad earn intentionem dictus reverendus pater, cum unanimi consensu dictorum confratrum suorum, octo episcopos e dicto gremio, nempe Dunelm., Robertum Oxon., Humfridum Sarum, Benjaminum Petriburgen., Carbolen., Cestren., Edwardum Norwicen., et Willielmum Glouc. respective episcopos elegit ; (piibus, aut eorum tribus, dictus reverendus pater, cum consensu praedict. commisit vices suas ad eft'ectum prsedict., ad conveniendum in aliquo loco, seu aliquibus diebus per eos inter sese designandis ; et deinde post aliud tractatum inter dictum reverendura patreni et dictos re- verendos patres habit., et fact., dictus reverendus pater dominus episcopus London.. &c. continuavit, &c. juxta scbedulam, &c. Sessio XV. Die Veneris, 5 0 viz. die mensis Julii, inter boras 9 et 1 1 ante merid. ejusd. diei, &c. dictus reverendus pater post aliquod tractat. &c. continuavit, &c. juxta scbedulam, &c. Sessio XVI. Die Mercurii, i o. viz. die mensis Julii, inter horas 9 et 1 1 ante merid. ejusd. diei, &c. dictus reverendus pater, &c. post aliquod tractat. &c. continuavit, &c. juxta schedulam, &c. Sessio XVII. Die Veneris, 12. viz. die mensis Juhi, inter horas 9 et 1 1 ante merid. ejusd, diei, &c. dictus reverendus pater, &c. post aliquod tract. &c. continuavit, &c. juxta tenorem schedulae, &c. Sessio XVIII. Die Mercurii 17. die mensis Julii, inter horas 9 et ti ante merid. ejusd. diei. &c, precibus finitis et peractis, reverendus *. dam. in revisione residui libri publicarum precum progressu habit, et fact., dictus reverendus pater continuavit, &c. juxta sehedulani, &c. Sessio XXVIII. Eodem die inter boras secundam et quartam post meridiem, &c. reverendus pater. &c. ulteriorem progressum in revisione libri publicarum precum fecit : et post aliquod tractat. dictus reverendus pater, &c. continuavit, &c. juxta sehedulam, &c. Sessio XXIX. Die Luna?, 25 0 die mensis Novembris, inter boras 8 et 10 ante meridiem ejusdem diei. &e. ulteriori progressu in revisione libri publicarum precum [fact.] dominus pra?sidens antedictus, &c. continuavit. &c. juxta sehedulam, &c. Sessio XXX. Die Martis, 26 0 die mensis Xovembris, inter horas 8 et 10 ante meridiem ejusd. diei, &c. dictus reverendus pater, &c. post ulteriorem progressum in revisione libri publicarum precum habit, et fact., &c. continuavit, &c. juxta sehedulam. &c. Sessio XXXI. Die Mercurii, 27 0 die mensis Xovembris, inter horas 8 et 10 ante meridiem ejusdem diei, &c. dictus reverendus pater, &c. post paululum tractat., de et cum consensu confratrum suorum ad eum accersiri jussit prolocutorem solum. Quo adveniente, dictus prolocutor retradidit partem libri publicarum precum per domum inferiorem examinat. et revis. una cum notula sive schedula emendationum sive alterationum per eos fact.; quam notulam sive sehedulam obtulit domino pra?sidenti pro ejus et confratrum suorum consideratione et consultatione, &c. De- inde, acceptata dicta notula sive schedula per dictum prsesi- dentem, dictus pra?sidens decht in manibus dicti prolocutoris residuam partem libri publicarum precum, et requisivit dictum prolocutorem ut ille una cum domo sua eundem omni cum cele- ritate revideat, et post revisionem ejusdem dicto praesidenti retradat. Eoque dimisso, ac dicta schedula in parte per dictum praesidentem et confratres suos secum assiden. Iecta et exami- nata. dictus reverendus pater praesidens antedict.. &c. conti- nuavit. &c. juxta sehedulam, &c. anno 1661. 217 Sessio XXXII. Die Jovis, 28 0 Novembris, inter horas 8 et 10 ante meridiem ejusdem diei, &c. schedula sive alterat. alias per prolocutorem nomine domus inferioris introduct., revis. et examinat., et parte Psalmorum Davidis perlect. et recitat., idem reverendus pater dominus praesidens, &c. continuavit, &c. juxta schedulam, &c. Sessio XXXIII. Die Veneris, 29 0 Novembris, inter horas 8 et 10 ante meri- diem ejusdem diei, &c. post revisionem aliquam libri de conse- cratione diaconorum, presbyterorum et episcoporum habit, et fact., dictus reverendus pater praesidens antedictus, &c. conti- nuavit, &c. juxta schedulam, &c. Sessio XXXIV. Die Lume, 2° die mensis Decembris, inter horas 8 et 10 ante meridiem ejusd. diei, &c. praefatium sive exordium libri publi- carum precum fuit introduct. et publice perlect. ; et dictus reve- rendus pater praasidens antedictus curam pro examinatione et consideratione ejusdem reverendis patribus Matthaeo Elien., Roberto Oxon., Humfrido Sarum, et Georgio Asaphen., re- spective episcopis, commisit ; et post aliquod tractat., &c. dictus reverendus pater, &c. continuavit, &c. juxta schedulam, &c. Sessio XXXV. Die Martis, 3 0 Decembris, inter horas 8 et 10 ante meridiem ejusdem diei, &c. post paululum tractat'., &c. dictus reverendus pater, &c. continuavit, &c. juxta schedulam, &c. Sessio XXXVI. Die Mercurii, 4 0 die mensis Decembris, inter horas 8 et 10 ante meridiem ejusd. diei, &c. post tractatum, &c. dictus reve- rendus pater, &c. continuavit, &c. juxta schedulam, &c. Sessio XXXVII. Die Jovis, 5 0 . die mensis Decembris, inter horas 8 et 10 ante meridiem ejusd. diei, &c. magister Pell introduxit calendarium libro publicarum precum annectendum ; et post inspectionem ejusdem, dictus reverendus pater prassidens antedictus, de et 218 Acta in sup. dom. cum consensu confratrum suorum, retulit et commisit examina- tionem et revisionem ejusdem domino episcopo Carliolen. Et deinde habito tractatu de forma precum coneipienda super alto mari usitanda et observanda, idem reverendus pater, &c. continuavit, &e. juxta schedulam, &c. Sessio XXXVIII. Die Veneris, 6° viz. die mensis Decembris, inter horas 8 et io ante meridiem ejusdem diei, &c. praefatio sive exordio libri publicarum precum per episcopos seu eorum aliquos, quibus cura examinations ejusdem fuit alias comrnissa, introducto, et in parte publice perlecto, idem reverendus pater, &c. conti- nuavit, &c. juxta schedulam, &c. Sessio XXXIX. Die Sabbati, 7 0 die mensis Decembris, inter horas 8 et 10 ante meridiem ejusd. diei, &c. habito tractatu, &c. continuavit, &c. juxta schedulam, &c. Sessio XL. Die Luna;, 9 0 Decembris, inter horas 8 et 10 ante meridiem ejusdem diei, &c. nonnulla? emendationes concernentes funera et funeralia personarum super alto mari deceden. et sepult., et comminatione et mulierum partuvien. fuerunt intro- duces et perlectae, in aliqua parte ; et hiis peractis, dicti reve- rendi patres unanimi consensu et assensu in votis dederunt pro unica forma precum tarn ante quam post sermonem sive oratio- nem prasdicatam usitanda et observanda per ministros intra provinc. Cant. ; et habito alio tractatu inter eos, dictus dominus prsesidens, &c. continuavit, &c. juxta schedulam, &c. Sessio XLI. Die Martis, io° die mensis Decembris, inter horas 8 et 10 ante inerid. ejusd. diei, &c. nonnullis emendationibus in com- minatione in libro publicarum precum mentionat. citra intro- ductione earundem, a domo inferiori introduct., per episcopos fact, et post aliquot tractat. desupcr, reverendus pater Elien. episcopus, de et cum consensu confratrum suorum hujusmodi, voluit ad se accersiri dominum prolocutor em ad revidend. dictas emendationes. Quo advenientc, associat. cum venerabilibus anno 1661. 219 viris Johanne Barwick. decano ecclesiae cathedralis sanctiPauli London., et Brough decano Glouc, dictus locura-tenens ostendit dictas emendationes, per domum superiorem, ut pras- fertur, fact., et tunc et ibidem perlect., et ordinavit eum ad consulend. domum suam inferiorem de et super eisdem. Dicto- que prolocutore dimisso, cum confratribus suis idem locum- tenens, &c. continuavit, &c. juxta tenorem schedule, &c. Sessio XLII. Die Mercurii, 1 1° die mensis Decembris, inter horas 8 et 10 ante merid. ejusd. diei, &c. post aliquot tractat. &c. reverendus pater dom. Matthseus Elien., &c. continuavit, juxta schedulam, &c. Sessio XLIII. Die Jo vis, 12° die mensis Decembris, inter horas 8 et 10 ante merid. ejusd. diei, &c. dominus prolocutor cum consensu, ut asserebatur, totius domus inferioris ad praesiden. et domum superiorem missus est, ad petend. se cum tribus vel duobus aliis e domo inferiori admitti ad conferend. cum dominis epi- scopis in domo sua seden. ; dictoque prolocutore una cum Brough decano Glouc. et duobus aliis domus inferioris, ad- misso, et adveniente, dictus prolocutor prsesentavit domino pra?sidenti et tradidit in manibus suis nonnullas papyri schedas, emendationes alicujus partis libri publicarum precum concer- nentes ; quibus perlectis, et habita consideratione diligenti de- super, et approbatione earundem, dictoque prolocutore dimisso, idem prsesidens antedictus, &c. continuavit, &c. juxta sche- dulam, &c. Sessio XLIV. Die Veneris, 13 0 Decembris, inter boras 8 et 10 &c. reve- rendus pater una cum conf'ratribus, &c. tractatum habuerunt dc eligendo personas aptas et idoneas tarn ab hujusmodi domo quam a domo inferiori, pro diligenti examinatione et revisione libri publicarum precum et administrationis sacramentorum, aliorumque rituum ecclesia? Anglicanae, debita forma script, et exarat. ; et tandem idem reverendus pater, de et cum consensu confratrum suorum, nominavit, et commisit curam pro exami- natione et revisione ejusdem reverendis patribus llumfrido Sarum, Georgio Asaphen., Richardo Carliolen., et Willielmo Glouc. respective episcopis, nomine domus superioris; nec non Acta in sup. dom. prolocutor domus inferioris nominat. commisit curam Roberto Pory, Johanni Pearson Sparrowe, S. theol. respective professoribus, nomine domus inferioris ; et deinde nonnullis emendationibus alias in praefatio dioti libri publicarum precum, &c. fact, et introduct., nec non quibusdam novis collectis pub- lice perlectis et revisis, idem reverendus pater, &c. continuavit, &c. juxta schedulam, &c. Sessio XLV. Die Sabbati, 1 4 0 viz. die mensis Decembris, inter horas 8 et 10 ante meridiem ejusdem diei, &c. reverendus pater dominus episcopus JNorwicen. introduxit et in manus domini prassidentis tradidit formam cujusdam precis alias per eum concept, concern. Deo gratias pro generalibus misericordiis pubbce usitand. : qua prece publice perlecta, et post aliquot tractat. desuper babit. et fact., idem reverendus pater dominus praesidens antedict., &c. continuavit, &c. juxta scbedulam, &c. Sessio XLVI. Die Mercurii, 18 0 Decembris, inter boras 8 et 10 ante meri- diem ejusdem diei, &c. post tractat. &c. dictus reverendus vir, pra?sidens antedictus, &c. continuavit, &c. juxta schedulam, &c. Sessio XLVH. Die Jovis, 19 0 Decembris, inter horas 8 et to ante meri- diem ejusdem diei, &c. habito tractatu inter eos de forma sub- scriptionis libro publicarum precum per eos faciend., tandem idem reverendus pater, &c. de et cum consensu confratrum suorum prasdict., commisit curam et considerationem conci- piendi dictam formam reverendis in Christo patribus Johanni Dunelmen., et Humfrido Sarum, respective episcopis, una cum doctore Ch a worth vicario in spiritualibus generah domini epi- scopi London, nec non doctore Burrell. vicario in spiritualibus generali domini episcopi Dunelmen. assisten. ; et tunc post trac- tatum, &c. dictus reverendus pater, &c. continuavit, &c. juxta schedulam, &c. Postea, nempe inter horas secundam et quartam post meri- diem ejusdem diei, dicti reverendi viri dominus Johannes Dunelmen. et Humfridus Sarum, respective episcopi, una cum dictis respective cancellar. et vicariis in spiritualibus generali- anno 1 66 1. 221 bus prsedict. apud offieium registrarii principalis domini archi- episcopi Cant, intra parochiam S. Gregorii London, sit., conve- nerunt; et in praesentiis mei Willielrai Fisher et Francisci Mundy, notariorum respective publicorum, inspectis prius non- nullis recordis et libris antiqnis, et archivis ibidem remanen. et fideliter custodit., dicti reverendi patres formara subscriptionis libro publicarum precum faciend., unanimi consensu et assensu conceperunt, et desuper concordarunt. Sessio XLVIII. Die Veneris, 20° Decembris, inter horas 8 et io ante merid. ejusdem diei, &c. librum precum publicarum, adminis- trationis sacramentorum, aliorumque rituum ecclesia? Angli- canae, una cum forma et modo ordinandi et consecrandi episco- pos, presbyteros, et diaconos, (juxta literas regias majestatis eis in hac parte directas revisum et paginas continen. et per reverendissimum in Christo patrem et dominum dominum Gui- belmum providentia divina Cant, archiepiscopum, totius Anglia? primatem et metropolitanum prius redact., recept., approbat. et subscript.) dicti episcopi ejusdem provincia3 in sacra provin- cial! synodo legitime congregati unanimi assensu et consensu in formam redegerunt, receperunt, et approbarunt, eisdemque subscripserunt. Et postea omnes episcopi prsedicti tunc prae- sen. et congregat., exceptis reverendis patribus dominis Oxon., Asaphen., et Landaven. episcopis, ad domum parliamenti sese contulerunt, et dictos respective episcopos in dicta domo convo- cationis reliquerunt ad videndum clerum inferioris domus con- vocationis dicto libro subscribere : dictoque clero unanimi con- sensu subscribente idem reverendus pater Robertus Oxon. epi- scopus, &c. continuavit. &c. juxta schedulam, &c. Sessio XLIX. Eodem die inter boras primam et quartam post meridiem, &c. reverendus pater, &c. post tractatum, &c. continuavit, &c. juxta schedulam, &c. Sess'io L. Octavo die mensis Januarii, &c. inter horas 8 et io ante meridiem ejusdem diei, &c. habito tractatu de et super revisione canonum sive constitutionum in anno Domini 1640. edit.; et consideratione desuper, quinam eorundem fuerunt aut sunt Acta in sti/>. dom. debite et klonee observand. et usitandi, idem reverendus pater, &c. continuavit, &c. juxta schedulam, &c. Sessio LI. Die Veneris, io° Januarii, inter boras cS et 10 ante meri- diem ejusdem diei, &c. post tractatum, &c. reverendus pater, &c. continuavit, &c. juxta schedulam, &c. Sessio LII. Die Mercurii, 15 0 Januarii, inter boras 8 et 10 ante meri- diem ejusd. diei, &c. post tractatum, &c. reverendus pater et dominus Robertus, &c. Oxon. episcopus, &c. continuavit, &c. juxta schedulam, &c. Sessio LI II. Die Veneris, 17 0 Januarii, inter hoi*as 8 et 10 ante meri- diem ejusdem diei, &c. inter sese tractatum iidem episcopi habuerunt de revisione canonum et constitutionum alias edit, et provis. ; et dominus episcopus London., de et cum consensu confratrum suorum, commisit curam et revisionem eorundem Willielmo Bathon. et Wellen., Roberto Oxon., Georo-io Asa- phen., Benjamino Petriburgen., Roberto Lincoln., Riehardo Carliolen., Edwardo jVorwicen.. et Willielmo Glouc, respective episcopis ; et post alium tractat. inter eos habit, et fact, idem reverendus pater, &c. continuavit, &c. juxta schedidam, &c. Sessio LIV. Die Mercurii, 22 0 Januarii, inter horas 8 et 10 ante merid. ejusd. diei, &c. post tractat,, &c. reverendus pater antedictus continuavit, &c. juxta schedulam, &c. Sssio LV. Die Veneris, 24 0 Januarii, inter horas 8 et 10 ante meri- diem ejusd. diei, &c. habito tractatu de et super revisione canonum et constitutionum alias ultima sessione proposit., idem reverendus pater, de et cum expresso et unanimi consensu omnium et singulorum membrorum dicta? domus superioris, statuit et ordinavit, quod omnes ca?teri episcopi non adhuc nominati, reverendis viris episcopis abas ultima sessione nomi- nat. et assignat., in diligenti revisione et examinatione dicto- torum canonum et constitutionum pra?d. adjungerentur : et anno 1 66 1. 2&'3 hoc facto, reverendus pater, &c. continuavit, &c. juxta schedu- lam, &c. Sessio LVI. Die Mercuriij 29 0 Januarii, inter horas 8 et jo ante meri- diem ejusdem diei, &c. habito tractatu inter eos de et super actu parliamenti librum publicarum precum, &c. concernen., idem reverendus vir, &c. continuavit, &c. juxta schedulam, &c. Sessio LVII. Die Veneris, ultimo Januarii. inter horas 8 et 10 ante meri- diem ejusdem diei, &c. quaastio oriebatur inter episcopos con- gregates et assidentes, an tutum, licitum aut consentaneum fuit pro dominis episcopis ad sedend. aut eorum praesen. exhibend. in domo procerum parliamenti, cum et quando negotium circa personas condemnatas pro proditione nefanda in domo parlia- menti inter proceres agitaretur ; et post multa argumenta inter eos habit, et fact., et concordatum et ordinatum fuit, de et cum consensu totius domus, ad consulend. jurisperitos tam in foro sseculari quam in curiis civilibus et ecclesiasticis versatos de et super dicta qua?stione sive argumento praed. erga prox. eonven- tionem ; et deinde dictus reverendus pater, &c. continuavit, &c. juxta schedulam, &c. Sessio LVIII. Die Sabbati, i° Februarii, inter horas 8 et 10 ante meridiem ejusdem diei, &c. Notitia domino episcopo London, de atten- dentiis nonnulloruin jurisperitorum in jure civili data extra domum convocationis, dictus dominus episcopus London, de et cum consensu confratrum suorum, eos ad exhibendum eorum praesentias coram convocatione petiit. Et tunc comparuerunt dominus Williehnus Merrick miles, Robertus King, dominus Edwardus Lake, Burrell, et Johannes Berkenhead, legum respective doctores ; et post nonnullas quajstiones et argumenta inter dictos episcopos et jurisconsultos habit, et fact, de et super eorum pra?sentiis in domo procerum super personis condemnatis, iidem omnes et singuli jurisperiti unanimi con- sensu eorum respective opiniones in scriptis dederunt, dictos episcopos in domo parliamenti una cum proceribus circa nego- tium personarum condemnatarum tutissime et sine ullo detri- mento aut pra?judicio sedcre, et eorum praasentias exhibere posse ; et eidem scripto manus suas subscripsei'\int, et dictum 224 Acta in sup. dom. scriptum sic subscriptum dicto domino episcopo London, tradi- derunt. Et, hoc facto, dictus dominus praesidens, nomine totius domus, gratias dictis jurisconsults agebat ; qnibus dimissis, do- minus episcopus London., &c. continuavit, &c. juxta schedu- lam, &c. Sessio LIX. Die Mercurii. ,5° Februarii, inter boras 8 et 10 ante meri- diem ejusdem diei. &c. post tract., &c. reverendus pater Guliel- mus Batbon. et Wellen. episcopus, &c. continuavit. &c. juxta schedulam, &c. Sessio LX. Die Veneris, 7 0 Februarii, inter boras 8 et 10 ante meridiem ejusdem diei, &c. post tractatum, &c. reverendus pater Rober- tas Oxon. episcopus, &c. continuavit, &c. juxta schedulam, &c. Sessio LXI. Die Veneris, 14 0 Februarii, inter boras 8 et 10 ante meridiem ejusdem diei, &c. post tractatum. &c. reverendus pater Rober- tas Oxon. episcopus, &c. continuavit, &c. juxta schedulam, &c. Sessio LXII. Die Martis, 1 8° Februarii, inter horas 8 et 1 o ante meridiem ejusdem diei, &e. reverendus pater proesidens, de et cum con- sensu confratrum suorum, voluit ad se accersiri cleros domus inferioris convocationis : quibus advenientibus. dictus dominus praesidens antedictus (verbis Latinis conceptis) eosdem cleros dicta? domus inferioris monuit quatenus ad solitum et consue- tum conventus sui locum sese conferentes, unum virum gravem, doctum, et peritum, de gremio suo provideant et eligant in eorum j^'olocutorem et referendarium in loco reverendi viri Henrici Fearne S. theol. professoris, ultimi prolocutoris, ra- tione promotionis sua? ad episcopatum Cestren. jam vacan.. et ipsum sic electum exliibeant coram eo hoc in loco immediate post electionem suam factam. Quibus dimissis, ad locum soli- tum suum, ad effectum eligendi virum gravem et doctum de gremio suo in eorum prolocutorem sive referendarium, sese conferebant, et post ahquot tractat. inter episcopos habit, et fact., reverendus vir Thomas Turner S. th. professor, decanus ecclesiae cathedralis et metropoliticas Christi Cant, et Johannes Earles S. etiam theol. professor, decanus ecclesia? collegiata? B. annis 1661, $*c. 225 Petri Westm. una cum ccetu doinus inferioris pra?sentarunt et 1 exhibucrunt ct sisti fecerunt venerabilem virum Johannem Bar- wick S. th. profcssorem in prolocutorem totius ccetus prasdict. domus inferioris unanimiter electum, vice totius ccetus praedict. ; et praemissa facunda et eleganti oratione per dictum decanum Westm., et facta alia facunda oratione in Latinis verbis concept, per eundem prolocutorem sic praesentatum, praefatus reveren- dus pater dominus episcopus London, de consensu confratrum suorum praedict., eundem Johannem Barwick. S. th. professo- rem, electum, et electionem praedict. de persona sua in prolocu- torem sive referendarium, per aliam venustam et eloquentem orationem Latinam commendavit et approbavit. Tunc, dimisso prolocutore, cum coetu domus inferioris, et habita consultatione de casu sacerdotum catholicorum Romanorum praesentato et perlecto, dominus episcopus London., &c. continuavit, &c. juxta schedulam, &c. Sessio LXIII. Die Sabbati, 2 2° Febr., inter horas 8 et 10 ante merid. ejus- dem diei, &c. reverendus pater, &c. tractatum inter eos habuit de et super revisione canonum et constitutionum ahas in anno Domini 1640. in convocatione tunc congregat. edit, et provis. ; et post aliquot tractat. desuper dominus episcopus London, de consensu confratrum suorum curam diligcntis revisionis et examinationis eorundem commisit reverendis viris domino Ro- berto Oxon., Humfrido Sarum., Georgio Wigorn., Georgio Asaphen., Richardo Carliolen., Herberto Herefordien., et Bri- ano Cestren. respective episcopis ; et pro meliori cura desuper I habend. ordinavit eos ad conveniend. die Lunae prox. in camera communiter vocat. "Jerusalem-chamber" intra collegium B. Petri Westm. sit. et situat. Hiisque sic gestis, et cura conci- piendi articulos in visitationibus observandos domino Johanni episcopo Dunelmen. commissa et relata, dictus dominus, &c. continuavit, &c. juxta schedulam, &c. Sessio LXIV. Die Jovis, 27 0 Febr., inter horas 8 et 10 ante merid. ejus- dem diei, &c. post tractatum, &c. reverendus pater dominus episcopus Dunelmen. locum-tenens, &c. continuavit, &c. juxta schedulam, &c. GIBSON. Q 226 Acta in sup. Join. Sessio LXY. Die Luna?, 3 0 Martii, inter horas 8 et 10 ante meridiem ejusdem diei, &c. post tractat., &c. reverendus pater, &c. con- tinuavit, &c. juxta schedulam, &c. Sessio LXVI. Die Mercurii, 5 0 Martii, inter horas 8 et 10 ante merid. ejusdem diei, &c. reverendus pater dominus Robertus Oxon. episcopus, &c. tractatum habuit inter eos circa nonnullas emen- dationes sive alterationes alias in libro publicarum precum per domum parliamenti fact. ; et dictus dominus episcopus London, de et cum consensu confratrum suorum, curam revisionis earun- dum alterationum reverendis viris Georgio Asaphen., Richardo Carliolen., Briano Cestren. respective episcopis conjunctim et divisim, et eis conjunctim et divisim dedit potestatem et com- missionem nomine totius domus superioris convocationis ad emendand. et corrigend. easdem alterationes, &c. His gestis dictus dominus praesidens cum consensu confratrum suorum, jussit me ad accersend. dominum prolocutorem, &c. Quo ad- veniente, cum tribus vel duobus domus inferioris, dominus prae- sidens antedictus declaravit ei quid per dictos episcopos fuerat actum de et super dictis alterationibus, et quibus cura desuper commissa fuerat ; et instanter rogavit se eadem communicasse domo inferiori, ut eorum consensus desuper habeatur. Unde dicto prolocutore cum ejus associatis ad domum inferiorem redeunte, et habito tractatu inter cleros desuper, omnes et sin- guli cleri dictse domus inferioris, in praesentia mei Willielmi Fisher, notarii publici, &c. unanimiter eorum consensum pra> buerunt omnibus et singulis per dictos dominos episcopos circa alterationes praedict. fact., salvis eorum privilegiis. &c. Et hiis sic gestis, dominus episcopus London., &c. continuavit, &c. juxta schedulam, &c. Sessio LXVII. Die Sabbati, 8° Martii, inter horas 8 et to ante meridiem ejusdem diei, &c. reverendus vir dominus Johannes Dunelmen. episcopus, secundum mandatum ei datum et curam ei commis- sam, introduxit et tradidit in manus domini praosidentis librum articulorum visitationem concernen., alias per eum concept. ; et mvnis 1661, fy-c. 227 unanimiter assensum fait, ut iidem articuli domino archiepiscopo Cant, destinarontur pro ejus perlectione et debita consideratione corundem, et pro eorum cmendatione, reforniatione et correc- tione sua. Hoc facto, tractatum inivit de et super irapressione libri publicarum precum, et post intervallum temporis, dominus episcopus London., &c. de et cum consensu confratrum suorum, constituit et ordinavit doctorem Sandcroft esse supervisorem , et magistros Scattero-ood et Dillingham esse cor- rectores dicti libri in impressione ejusdem. Hiis peractis, domi- nus episcopus London, continuavit, &c. juxta scbcdulam, &c. Sessio LXVIII. Die Martis, n° Martii, inter horas 8 et 10 ante merid. ejusd. diei, &c. post tractatum, &c. reverendus pater, &c. con- tinuavit, &c. juxta scbcdulam, &c. Sessio LXIX. Die Sabbati, 1 5 0 Martii, inter horas 8 et 10 ante merid. ejusd. diei, &c. post tractat., &c. reverendus pater dominus Robertus Oxon. episcopus, &c. continuavit, &c. juxta scbedulam, &c. Sessio LXX. Die Martis, 18 0 Martii, inter boras 8 et 10 ante meridiem ejusdem diei, &c. post tractatum, &c. reverendus pater, &c. cum consensu confratrum suorum, ad eum accersiri jussit pro- locutorem, pralatos, et clerum domus inferioris. Quibus adve- nientibus, dictus reverendus pater cum consensu, &c. publice significavit et intimavit eisdem prolocutori praelatis et clero antedictis librum precum publicarum, administrationis sacra- mentorum, aborumque rituum ecclesise Angbcanse, una cum forma et modo ordinandi et consecrandi episcopos, presbyteros, et diaconos (alias per reverendos patres, et prajlatos et cleruni domus inferioris convocationis, juxta literas rcgise majcstatis eis in ea parte dircctas, revisum) per proceres et magnates in par- liamento congregat., fuisse et esse gratanter acceptatum ; et honorandum virum dominum Edwardum dominum cancellarium Angliae, tam nomine suo proprio, quam nomine totius domus procerum et magnatum in parliamento (ut prsefertur) congre- gat., maximas gratias archiepiscopis et episcopis atriusque pro- vincia?, pro eorum magna cura et industria in et circa rcvisio- Q 2 228 Acta in sup. dom. neni dicti libri publicarum precuin, &c. dedisse et praebuisse. Et insuper dictus reverendus pater declaravit quod dictus hono- randus yir dominus cancellarius Anublici in ejusdem inferioris domus acto[rum scribam] assumpti. Nomina praesentium electioni praedictae, quae mihi notario praedicto ex aspectu noti erant, quae ob brevitatem tem- poris capere potui. Reliquorum vero quam plurimorum etiam praesentium, quoniam praefatus dominus decanus sancti Pauli London, noluit ob causam praedictam praeco- nizationem fieri, describere minime potui. Mr. D. Goodman. Mr. D. Pearne, &c. Sessio secunda. Die Veneris, viz. quarto die mensis Novembris, anno Domini 1586, inter horas secundam et quartam post meridiem ejus- dem diei, in quodam Sacello ex parte australi ecclesiae colle- giatae Westminster, in praesentia Edwardi Say et Thomae Barker, notariorum publicorum, &c. D. prolocutor, D. Wood, &c. Isto die, postquam convenerunt omnes supranominati vene- 139 rabiles viri, ipse venerabilis praesentator una cum caeteris supra- nominatis ex dicto inferiori ccetu, accersiti in superiorem do- mum, eundem venerabilem virum magistrum Willelmum Red- man prolocutorem electum conduxit ad superiorem domum, eumque dicto reverendissimo patri Cant, archiepiscopo, et cae- teris praelatis prassentavit ; ubi habita et praemissa docta ora- tione a prasfato venerabili viro magistro Johanne Styll archi- diacono Suffolk, praesentatore, et ea finita, altera pia oratione seu praefatione ipsius venerabilis viri domini electi prolocutoris ; dictus reverenchssimus pater, cum caeteris Dominis praelatis tunc prsesentibus, electionem hujusmodi, et dominum prolocu- torem electum concorditer approbai^unt et ratificarunt. His expeditis, post aliquem tractatum inter cosdem reverendissimos patres et dictum dominum prolocutorem cum aliis ex dicto in- feriore ccetu, de rebus quibusdam necessariis ; dictus dominus prolocutor cum ccetu suo praedicto in dictani inferiorem domum 246 Acta in inf. dom. revertebatur ; ubi post finitas preces, facta fuit prseconizatio omnium interesse debentium, &c. Qua peracta, dominus pro- locutor assignavit venerabiles viros, decanum sancti Pauli, de- canum Westminster, decanum Elien., decanum Sarum, decanum Exon., decanum Coven, et Lichen., archidiaconum London., archidiaconum Sudbury, archidiaconum Bedford, archidiaconum Taunton, archidiaconum Darbie, D. Bell, D. Walker, D. Cop- cotte, et D. Wythers, in assessores sibi, tractaturos de rebus et negotiis in hujusmodi convocatione tractandis et expediendis. Cui quidem assignation! omnes prsesentes unanimiter consenti- erunt. Quibus sic gestis, habita per dominum prolocutorem admonitione omnibus ex hoc coetu, ut habitu clericali incedant, alioquin abstineant ab hac domo, ac etiam admonitione, ut si qui sint qui aliquas^ scedulas proferre vellent de rebus in hujus- modi convocatione reformandis, easdem sibi traderent in proxima sessione, deinde dominus prolocutor intimavit omnibus supra- nominatis, convocationem hujusmodi esse continuatam usque in diem Mercurii proximum inter horas nonam et undecimam ante meridiem in hoc loco ; et monuit omnes ad interessendum, &c. Sessio tertia. Die Mercurii, nono viz. die mensis Novembris 1586, hora nona ante meridiem ejusdem diei, in ecclesia collegiata Westmin- ster prasdicta, in prassentia mei Edwardi Saie, et Thomas Barker, notariorum, &c. D. prolocutor, D. Coldwell, &c. Isto die, post finitas preces comparuere omnes supra nomi- nati venerabiles viri ; ac deinde orta qusestione inter venerabi- lem virum magistrum Johannem Dey legum doctorem, et quen- dam magistrum Johannem Knewstubbs de eorum electione in procuratorem unius partis cleri Norwicen. dominus prolocutor ad veritatem in hac parte inquirendam juramento oneravit quosdam venerabiles viros, magistrum Georgium Gardiner de- canum Norwicen., et Johannem Walker sacra? theologiae pro- fessorem, de modo observato antehac in hujusmodi electione, necnon quendam Thomam Nuce — theologias baccalaureum, de j ejus notitia in hac re. Qui sic jurati dixerunt et deposuerunt prout sequitur in infra-scriptis. Necnon magister Dey exhi- buit testimonium magistri Johannis Maplezden archidiaconi Suffolk, et Roberti Pecke notarii publici ejus registrarii, ac de- anno 1586. 247 positionem magistri Christopheri Best eorum respective mani- bus subscript, et infrascript. content. Unde dominus prolocutor assignavit magistro Knewstubbs ad proponendum causas quare Mr. D. Dey non admitteretur in ccetum hujus domus in proxim. Ac deinde dominus prolocutor continuavit hujusmodi convoca- tionem quoad banc domum usque in cbem Veneris prox. bora nona ante meridiem in boc loco, et monuit omnes ad inter- essendum, &c. I testify, tbat Mr. Fowle was clerk of the convocation for tbe clergy of the archdeaconry of Sudbury. Tbat the next parliament D. Norton was chosen for the clergy of the archdeaconry of Suffolk at Bliburrougb in the same archdeaconry, I being present at the cboice. That now at this session one for Sudbury archdeaconry was to be chosen, and that they were to be chosen of the arch- deaconries alternis vicibus, and so ever reported for the custom. J. Maplezden archi. Suffolk. I testify, that in the 13th year of the queen's majesty's reign, there came warrant from the bishop of Norwich to the arch- deacon of Suffolk and his official, for the summoning of the clergy of the same archdeaconry to appear at Hopal, within the same archdeaconry, to make choice of a clerk for the con- vocation ; at which place many of the said archdeaconry did 1 appear before Mr. D. Maisters, chancellor to the bishop, and made choice of Mr. doctor Walker : and at that time none of the clergy of the other archdeaconry did appear, neither did any of them contribute towards his charges. At the next parliament, which was, as I take it, in the 18th year of her majesty's reign, there was chosen, within the arch- deaconry of Sudbury, Mr. Fowle. And at that time the clergy of the archdeaconry of Suffolk neither had summons nor bare any charges. At the next choice Mr. doctor Norton was chosen for the archdeaconry of Suffolk at Blitbburgb, and none of the archdeaconry of Sudbury did either appear or pay : and further, during my knowledge, and also as I have heard it re- ported of others before my time, the archdeaconries of Suffolk and Sudbury have chosen alternis vicibus, and likewise paid. Robert Pecke, reg. of the archdeaconry of Suffolk. Christopher Best, master of arts, vicar of Wichambrooke, in 248 Acta in inf. dom. the archdeaconry of Sudbury, doth testify, that it is accounted to be the custom in the archdeaconries of Suffolk and Sudbury, that they shall choose the clerk of the convocation within those archdeaconries altemis vicibus : and at the convocation last holden, the proctor for the clergy was chosen within the arch- deaconry of Suffolk ; the clergy of the archdeaconry of Sud- bury not being summoned thereunto, and paying nothing to- wards his charges : and that now at this time the proctor for the clergy aforesaid ought, according to their custom, to be 143 chosen by the clergy of the archdeaconry of Sudbury only, without summoning the archdeaconry of Suffolk ; yet notwith- standing, he saith that at this present time of election there were chosen by some, Mr. D. Dey, and by others, Mr. Knew- stubbes ; the greater number by pole of those that might law- fully choose, to this deponent's judgment appearing to be on Mr. D. Dey's side. Yet he saith, when they were numbered by scrutiny ; the greater number was on Mr. Knewstubbs' side by eight, viz. of Mr. D. Dey's side there were 132,. Mr. D. Jones and Mr. Nuce being reckoned therein, and on Mr. Knewstubbs' side 90, whereof he believeth there were 20 parsons, vicars, or curates, and more, of the archdeaconry of Suffolk, with other curates, which, according to their customs, have no voices in this election, as he hath heard. Per me Christoferum Best. Mr. Georgius Gardiner decanus Norwicen. juramento one- ratus per dominum prolocutorem, et per eum interrogatus quid novit quoad electionem procuratoris cleri pro archidiaconatu Suffolk, et archidiaconatu Sudbury, saith, that by the space of 25 years he hath known the order of the same election, and saith that the custom is, and by all that time hath been, that the same archdeaconries have chosen a clerk altemis vicibus. Johannes Walker sacrse theologiae professor juratus dicit, that he hath known the custom to be as Mr. doctor Gardiner hath deposed, ab anno quinto illustrissima; regime Elisabetha?, &c, and that he this deponent was so chosen of the same arch- deaconries. 144 Thomas Nuce juratus dicit, that he hath heard that the custom is as Mr. D. Gardiner and Mr. D.Walker have deposed. And touching the order of this election he saith, that upon the naming of Mr. D. Dey by some, and Mr. Knewstubbs by others, anno 1586. 249 the house was divided, no number taken by poll ; and, in this deponent's judgment, the greater number seemed to be on Mr. D. Dey's side. Wherefore, the difference being but small, they fell to a scrutiny therein, whereby it appeared that Mr. Kncwstubbs had the greater number by eight, viz. Mr. D. Dey had 132, reckoning Mr. D. Jones and Mr. Nuce, who were scrutators ; and Mr. Knewstubbs had 90. Whereupon he saith afterwards they reckoned the curates on both sides, who they took to have no voices there ; and they found one curate on Mr. D. Dey's side, and 13 curates on Mr. Knewstubbs' side. And also because he had heard that by the custom aforesaid none of the archdeaconry of Suffolk had any voices there, they also reckoned how many of that archdeaconry were there, and they found 27 on Mr. Knewstubbs' side, and knoweth not whe- ther there was any on D. Dey's side or not. Sessio quartet. Die Veneris, ii° die mensis Novembris 1586, hora et loco alias assignatis in inferiori domo convocations, &c. in praesentia mei Edw. Say et Thomae Barker notariorum, &c. D. prolocutor, D. Gilpin, &c. Isto die, post finitas preces comparuere omnes supra nomi- 1 nati ; et tunc magister D. Dey petiit se admitti et recipi in procuratorem cleri archidiaconatus Sudbury, juxta electionem de persona sua alias factam. Et deinde quia Mr. Knewstubbs, alias ad ipsius petitionem monitus ad interessendum istis die et loco, propositurus quae ex parte sua habet proponend. compa- rens nullas proposuit causas rationabiles pro parte sua, quare sit admittendus in procuratorem ejusdem cleri; et quia constat ex depositionibus nonnullorum fide dignorum testium, magis- trum Knewstubbs fuisse superiorem magistro D. Dey in elec- tione praxlicta, tantum 'per curatos, et alios qui secundum con- suetudinem electionis infra archidiaconatus Suffolk et Sudbury in hac electione nullam habuere vocem, et eis demptis, com- pertum est magistrum Dey fuisse superiorem ; igitur dominus prolocutor decrevit dictum magistrum doctorem Dey recipien- dum fore in procuratorem ejusdem cleri et in ccetum hujus domus, eumque sic recepit. Deinde dominus prolocutor cer- tior factus de voluntate reverendissimi patris (per magistrum Thomam Redman ejus registrarium) quoad controversiam super 250 Acta in inf. dom. electione clericorum diceceseos Norwicen. viz. quod idem reve- rendissiruus pater tulit sententiam suam pro parte magistri West contra magistrum Thorowgood, intimavit haec omnibus prsBsentibus et monuit eos ad recipiendum eundem magistrum West in coetum hujus domus. Quibus sic gestis, dictus domi- nus prolocutor continuavit hujusmodi convocationem quoad hanc domum usj^ue in diem Mercurii proximum in boc loco, et monuit omnes ad interessendum, &c. 146 Sessio quinta. Die Mercurii, 16 0 die mensis Novembris 1586. hora et loco prseassignatis in inferiori domo convocationis, &c. in praesen- tia mei Edwardi Say notarii, &c, assumpti, &c. D. prolocutor, D. Goodman, &c. Isto die comparuere omnes supra nominati ; et post preces finitas dominus prolocutor continuavit hujusmodi convocatio- nem quoad hanc domum usque in diem Veneris proximum hora nona ante meridiem in hoc loco, et monuit omnes ad interessen- dum, &c. Sessio sexta. Die Veneris, 18 0 die mensis Novembris 1586. hora et loco prse- assignatis in inferiori domo convocationis, &c. et praesente me Edwardo Say notario publico, &c. D. prolocutor, D. Pearne, &c. Isto (he comparuere omnes supra nominati ; et post finitas preces dominus prolocutor accersitus ad reverendissimum pa- trem illuc accessit, decano Elien. et decano Oxon. eum comitan- tibus. Et post aliqualem tractatum cum reverendissimo et cseteris prselatis, accersiti fuerunt omnes ad eosdem reveren- dissimum et prselatos, et ibi habita fuit hs omnibus admonitio per dictum reverendissimum, ut leges hactenus edita? chligen- ter secundum canones stability observentur. Et ut fiat refor- matio in ecclesiis eorum, &c. Ac deinde revertentes omnes in 147 inferiorem domum, habita exhortatione per dominum prolo- cutorem, ut reminiscantur admonitionem reverendissimi patris iis factam, dictus dominus prolocutor continuavit hujusmodi convocationem quoad hanc domum usque in diem Mercurii proximum, hora nona ante meridiem in hoc loco ; et monuit omnes ad interessendum. anno 1586. 251 Sessio septima. Die Mercurii, 23 0 die mensis Novembris 1586. hora et loco prae- assignatis, in inferiori domo convocationis, praesente me Ed- wardo Say notario, &c. D. Bulleyn, D. James. Isto die comparuere omnes supra nominati ; et precibus finitis magister D. Bulleyn decanus Lichen, nomine domini prolocutoris intimavit omnibus praesentibus hujusmodi convo- cationem esse continuatam usque in diem Veneris proximum, hora nona ante meridiem in hoc loco, et monuit omnes ad interessendum, &c. Sessio octavo.. Die Veneris, 25 0 die mensis Novembris 1586. hora et loco prae- assignatis, praesente Thoma Barker notario publico, &c. D. prolocutor, D. Kennal, &c. Isto die comparuere omnes supranominati, et precibus finitis accersitus fuit dominus prolocutor ad reverendissimum in supe- riori domo existentein, casterosque dominos episcopos ibidem ; et comitati sunt eum magistri D. Goodman, et D. James. Unde 148 paulo post reverten. dominus prolocutor intimavit omnibus praasentibus, banc convocationem esse continuatam et proroga- tam usque in diem Lunae proximum inter horas octavam et undecimam ante meridiem in hoc loco, et monuit omnes ad interessendum, &c. Sessio nona. Die Lunae, 28 0 die mensis Novembris 1586. hora et loco prse- assignatis, in inferiori domo convocationis, &c. prassente Thoma Barker notario publico, &c. D. prolocutor, D. Perne, &c. Isto die comparuere omnes supra nominati ; et post preces finitas dominus prolocutor continuavit hujusmodi convocatio- nem quoad hanc domum in diem Veneris proximum inter horas octavam et undecimam ante meridiem in hoc loco, et monuit omnes ad interessendum, &c. Sessio decima. Die Veneris, 2 0 die mensis Decembris 1 586. hora et loco prae- assignatis, in inferiori domo convocationis, &c. in praesentia mei Edwardi Say notarii publici, &c. D. Goodman, D. Bevans, &c. 252 Acta in inf. dom. Isto (lie comparuere omnes supranominati, et finitis precibus Mr. Gabriel Goodman decanus Westminster, nomine domini prolocutoris continuavit hujusmodi eonvocationem quoad banc domum usque inter horas primam et secundam post meridiem I49lmjus diei, et prorogavit locum hujusmodi, usque ad et in sacello olim nuncupato beatae Mariae in oriental] parte ecclesiaa cathedralis divi Pauli London, notarie situato, &c. et monuit omnes ad interessendum, &c. Sessio undecima. Eodem die, inter horas et loco praeassignat. in inferiori domo convocationis, praesente me Edwardo Say notario pubbco, &c. D. prolocutor, D. Culpeper. Quibus horis et loco comparuere omnes supranominati ; et precibus finitis, eum comitantibus magistris Perne, Mullins et Gilpin, adiit reverendissimum patrem et caeteros praelatos ; et paulo post revertens intimavit omnibus praesentibus, consultum esse per eosdem reverendissimum patrem et praelatos de refor- matione fienda quoad scedulas eidem reverendissimo ac domino prolocutori exliibitas, &c. Et quod conventum est inter dictos reverendissimum et praslatos de exercitiis fiendis per ministros infra provinciam Cantuariensem ; et quod iidem reverendi patres, cum redierint in diceceses suas, ordinem eorundem sig- nificabunt omnibus quibus interest in hac parte. Quibus sic expeditis, dictus dominus prolocutor continuavit hujusmodi eon- vocationem, quoad banc domum, usque in diem Veneris, 1 7 0 viz. diem mensis Februarii proximi inter horas nonam et unde- cimam ante meridiem, &c. in hoc loco, et monuit omnes ad tunc interessendum. Die Veneris, viz. 1 7 0 Februarii 1586. secundum, &c. in domo capitulari ecclesiae cathedralis divi Pauli London, in praasen- 150 tia Edwardi Say notarii publici assumpti, &c. ac inter horas nonam et undecimam ante meridiem. Continuata est hujusmodi convocatio ab undecimo Decembris 1586. in statu quo tunc fuit, usque in hos diem horam et locum. Quibus die hora et loco, venerabilis vir magister W3- helmus Awbrey legum doctor, commissarius reverenchssimi patris domini Johannis Cant, archiepiscopi, &c. authoritate suflicienti ad hoc fulcitus, continuavit hujusmodi eonvocationem, anno 1586. 253 in .statu quo est, usque in diem Veneris, viz. 24 0 diem prsesen- tis mensis Februarii, inter horas nonam et undecimam ante merit Hem ejusdem diei, et prorogavit locum usque ad et in ecclesiam collegiatam divi Petri Westminster, &c. pracsentibus tunc ibidem venerabilibus viris magistris Mullyns et Walker ex coetu inferioris domus, nec non aliis testibus, &c. Sessio prima. Die Veneris, viz. 24 0 Februarii 1586. secundum, &c. in quodam sacello ex parte australi infra ecclesiam collegiatam divi Petri Westminster, inter horas nonam et undecimam ante meri- diem in prsesentia Edwardi Say et Tboma? Barker notario- rum publicorum, inferioris domus actorum scribarum assum- ptorum, &c. D. prolocutor, D. episcopus Dovor, &c. Isto die omnes supranominati in locum pra3dictum conve- nerunt ; et postquam dominus prolocutor una cum supranomi- natis preces divinas peregerat, mox idem dominus prolocutor accersitus fuit ad reverendissimum patrem caeterosque ejus confratres praelatos in superiori domo infra dictam ecclesiam J 5 collegiatam Westminster, existen. ad quos se contulit, eumque comitati sunt decanus Cant, et decanus Elien. Ac statim reli- qui omnes inferioris domus similiter accersiti erant, atque eos- dem reverendos patres adierunt ; ibique reverendissimus pater • dominus Cant, archiepiscopus ob paucitatem comparentium, &c. intimavit domino prolocutori absentes ob eorum contumacias, &c. suspendendos fore debere, &c. Ac deinde declaravit non- 11 ullas causas de subsidio dominae nostras reginae praestand., &c. Necnon reverendus pater dominus London, episcopus querela- tus est de negligentia magistri Georgii Gardiner decani Norwi- cen. ac aliorum, in non concionando in publico suggestu infra ccemiterium Paulinum situat. juxta monitionem eis in ea parte lactam, &c. Ac postea dominus prolocutor ac caeteri inferioris domus supranominati redierunt in domum inferiorem, ibique elegit quosdam in assessores sibi hie in margine 3 hujus actus nominat. factaquc publica praaconizatione omnium citatorum, a Electi in assessores isto die sunt, — Rev. pater dec. Cant. ; dec. St.Pauli Lond.; dec. Westminster ; dec. Roffen.; dec. E^en.; dec. Oxon.; archid. London.; archid. Lincoln.; archid. Sudbury; archid. Darby; D.Walker; D. Wood; D. Brancrafte ; magister Wylson; magister Winter. 254 Acta in inf. dom. &c. ac monitorum, &c. et non comparentium, dominus pronun- tiavit eos et eorum quemlibet contumaces, exceptis licentiatis discedendi, aut alias isto die infra civitatem London, aut sub- urbia ejusdein concionantibus, reservata eorum poena in diem Mercurii proximum, &c. inter horas primam et tertiam post meridiem. Et tunc, interrogans omnibus per dominum prolo- cutorem utrum consentirent ut ipse dominus prolocutor eligeret ex assessoribus sibi sex quorum duo essent decani, duo archi- diaconi et reliqui duo ex hac domo prout sibi videretur, qui de 152 libello concipiendo pro subsidio dominae nostra? reginas prae- stando tractarent, uno ore consensum et assensum suos praebu- erunt, nemine contradicente. Ac deinde dominus prolocutor intimavit omnibus praesentibus hanc convocationem esse con- tinuatam usque in dieni Mercurii proximum, &c. inter horas primam et tertiam post meridiem in hunc locum, et monuit omnes jam praesentes ad tunc ibidem interessendum, &c. Sessio secunda. Die Mercurii, viz. primo die mensis Martii, anno Domini 1586. secundum, &c. in quodam sacello infra ecclesiam collegiatam divi Petri Westminster, ex parte australi inter horas primam et tertiam post meridiem, praesentibus Edwardo Say et Thoma Barker, notariis publicis assumptis, &c. D. prolocutor, decanus Cant. Die praedicto, comparuerunt omnes supranominati : et post preces finitas dominus prolocutor accersitus fuit ad reverendos patres dominos praelatos in superiori domo, nempe reverendum patrem dominum Winton.'episcopiim, dominum Lincoln, episco- pum, et dominum Hereforden. episcopum ; eumque comitati sunt decanus Cant, et Mr. Johannes Wynter. Unde mox re- verten. quidam Gabriel Holte, verbi Dei praedicator, paupertate coactus petiit benevolentiam hujus ccetus, ac protuht et ostendit domino prolocutori literas quasdam testimoniales in eundem effectum. Unde statim facta fuit collectio 26s. 2d. quam sum- mam dominus prolocutor tunc et ibidem tradidit eidem Holte. 153 Ac deinde dominus prolocutor intimavit omnibus praesentibus, hujusmodi convocationem esse continuatam usque in diem Ve- neris inter horas octavam et undecimam ante meridiem ejus- dem diei, et reservavit pcenas contumacium usque in eundem diem ; et moniti sunt omnes, &c. ad tunc interessendum in hoc anno i 586. 255 loco, sess., &c. Isto die assidebant domino prolocutori domi- nus decanus Cant. D. Wood, D. Walker, D. Barefoote, D. Cold- well, Mr. Mullyns, Mr. Wynter. Sessio tertia. Die Veneris, viz. tertio Martii, 1586. secundum, &c. in loco solito prseassignato, viz. in quodam sacello infra ecclesiam collegiatam beati Petri Westminster, inter horas octavam et undecimam ante meridiem in praasentia mei Tboma? Barker notarii publici assumpti, &c. Dom. prolocutor, decanus Cant. &c. Die praxlicto convenerunt omnes supranominati, ibique post divini numinis implorationem dominus proloqutor accersitus fuit ad reverendissimum dominium Cant, arcbiepiscopum, caste- rosque reverendos patres dominos pradatos, in superiori domo : eumque comitati sunt decanus Cant, et decanus Elien. Unde mox revertens dominus prolocutor in pcenam contumaciarum citatorum, &c. et non comparentium, &c. decrevit procedendum fore, ac postea narravit pra?senti coetui bujus domus, se una cum assessoribus suis egisse cum praedicto reverendissimo patre ac praslatis de subsidio domina? nostra? regina? pra?bendo ; ac con- cordatum esse de eodem juxta ratam et formam, alias in ultimo subsidio usitatam. Quod factum omnes pra?sentes tam nomi- nibus eorum propriis', quam nominibus reliquorum bujus domus quorum procuratores existunt, ratificarunt et approbarunt. Et ulterius dominus prolocutor significavit supranominatis bujus domus praesentibus voluntatem reverendissimi ac aliorum domi- norum praslatorum de benevola contributione ultra subsidium prsedictum domina? nostra? regina? sine longa mora concedend. ac partim solvend. ob urgentes causas, et maxime propter bellum imminens, et graves minas hostium evangeUi ; viz. de contributione trium solidorum de qualibet libra annuabs rcditus cujuslibet beneficii infra provinciam Cant, juxta ratam ettaxam eorundem in libris primitiarum domina? nostra? regina? ; ex- ceptis vicariis quorum beneficia non attingunt summam x. 1. juxta ratam praxlictam, nec non canonicis minoribus eccle- siarum cathedralium et collegiatarum, caeterisque ministris inferioribus, &c. Et quod de hujusmodi libello concipiendo maturior deliberatio cum jurisperitorum consilio habeatur. Quibus omnibus sic declaratis, omnes ut supra prassentes, sine 256 Acta in inf. dom. mora aut ha?sitatione quacunque consensum et assensum suos pra?buerunt. Et tunc ego notarius antedictus, ex mandate- domini prolocutoris, monui omnes isto die comparentes ad exhi- bendum et introducendum procuratoria, si qua? habeant, ad comparand, pro absentibus citatis ad comparendum in hac sacra synodo in proxima sessione, &c. Deinde dominus prolocutor ac cseteri omnes bujus domus pramominati accersiti fuerunt ad 1 55 dictum reverendissimum, ac caeteros prselatos superioris domus ; ibique significarunt omnia et singula per eos gesta, &c. Ac dominus prolocutor petiit, quod si posthac aliqua alia impo- sitio sive taxatio sit in clerum imponenda, durante tempore assignando pro solutione summarum jam concessarum, ut eadem taxatio fiat per ipsum clerum inter se, et quod de eadem liberentur quoad fieri poterit : cui petitioni annuerunt. Et tunc publice ibidem perlectus fuit per magistrum Thomam Redman notarium publicum libellus pro subsidio concesso conceptus, et in aliquibus sui partibus emendatus correctus et perfectus redditus. Ac mox in domum inferiorem reversi sunt dominus prolocutor ca3terique ejusdem domus ; ibique dominus pronun- tiavit absentes, &c. contumaces, reservata eorum poena in prox. &c. Et praeterea, intimavit praesentibus banc convo- cationem esse continuatam in crastinum inter horas tertiam et quintam post meridiem, et in hunc locum, ac monuit eos ad in- teressendum. Sessio quarta. Die Sabbathi, viz. quarto Martii, 1586, secundum, &c. inter boras tertiam et quintam post meridiem in sacello ex parte australi ecclesiaa collegiata? Westminster, praesente magistro Edwardo Say notario pubbco, &c. Dominus prolocutor, D. Pearne, &c. Die pra?dicto comparuere omnes supranominati ; et dominus prolocutor adivit dominos praalatos in superiori domo, eumque comitati sunt decanus Elien et archidiaconus Lincoln. Unde, post aliquam ibidem moram. tandem redierunt. ibique ex rela- J 5^ tione domini prolocutoris publice perlectus fuit libellus pro benevola contributione regias majestati concessa conceptus, et abqualiter emendatus ac perfectus redditus, &c. deinde per totum coatum prajsentem approbatus. Et tunc dominus prolo- cutor reservavit posnas contumacium, ut prius, in proximam sessionem, &c. et intimavit praesentibus bujusmodi convoca- anno 1 586. 2.57 tionem esse continuatam, usque in diem luna? proximum, &c. inter horas primam et quintam, et in hunc locum ; et monuit pra>sentes ad tunc et ibidem comparendum, &c. Sessio quinta. Die lunse, viz. sexto Martii, 1586 secundum, &c. inter horas primam et quintam post meridiem ejusdem diei, in sacello ex parte Australi ecclesice collegiatse Westminster, praesente Johanne Mabill, notario publico, &c. Quibus die et loco comparuerunt magistri D. Powell, Say, Gilpin, West et Maxfield, bujus domus ; quibus intimatum fuit htijusmodi convocationem de mandato et voluntate reveren- dissimi patris domini Cant, archiepiscopi esse continuandam in diem Mercurii proximum, &c. inter horas octavam et unde- cimam ante meridiem ejusdem diei ; prout revera continuata fuit : unde postea discesserunt, &c. Sessio sexta. Die Mercurii, viz. 8° die mensis Martii, anno Dom. 1586 se- cundum, &c. inter horas octavam et undecimam ante meri- diem ejusdem diei, in loco consueto praaassignato infra eccle- 1 siam collcgiatam Westminster, praesente me Thoma Barker notario publico. Quibus die, bora, et loco, comparuerunt magistri Marston, Say, Bynam, Dylworth, Studley, Barret, et Maxfield, ex coetu inferioris domus ; et eo quod satis bene norunt hujusmodi con- vocationem esse continuatam in die Veneris proximum, &c. viz. decimum diem prajsentis mensis Martii, post aliqualem moram chscesserunt. Sessio septima. Die Veneris, viz. decimo die Martii, 1586, secundum, &c. inter horas octavam et undecimam ante meridiem, in quodam sacello ex parte australi ecclesia? collcgiatae Westminster, praesente magistro Edwardo Say, notario publico, &c. D. prolocutor, D. Reneger, &c. Quibus die et loco comparuerunt omnes supranominati ; et post preces finitas, dominus prolocutor accersitus fiut ad reve- rendissimum dominum Cant, archiepiscopum, caeterosque do- minos praBlatos in superiori domo, una cum toto pra?senti ca'tu ; GIBSON. s * 258 Acta in inf. ddm. eosquc adienmt, atque ibidem aliquandiu morati sunt. Ac tandem omnes supranominati in domum hanc redierunt ; ex- cepto domino prolocutore, qui cum eisdem reverendis patribus post discessum reliquorum aliquantisper pcrmansit. Ac deinde in banc domum revertens, cum consensu omnium ut prsefertur praesentium, elegit venerabiles viros dominum decanum Elien. arcbidiaconum Lincoln, et arcbidiaconum Taunton, ad trac- 58 tandum et communicandum una secum cum reverendis patribus, de constitutionibus et decretis, licentia et vigore hterarurn patentium per dominam nostram reginam in ea parte conces- sarum stabiliendis, pro collectione benevolae contributionis dictae dominas nostrae reginae concessae, &c. Et tunc dominus prolo- cutor intimavit omnibus praesentibus hanc convocationem esse continuatam et prorogatam in crastinum, inter horas primam et quartam post meridiem ejusdem diei, in bunc locum ; et monuit omnes jam prsesentes ad tunc ibidem interessendum. Ac insuper reservavit pcenas contumacium usque in eosdem diem et locum. Sessio octava. Die Sabbatbi, viz. undecimo die Martii, 1586, secundum, &c. in ecclesia collegiata beati Petri Westminster, inter boras nonam et undecimam ante meridiem ejusdem diei, praesente Jobanne Mabill, notario publico, &c. Quibus die bora et loco comparuerunt magistri Stallard, West, Owens, et Proctor ; quibus signification fait, hujusmodi convocationem esse continuandam in diem Mercurii proximum, viz. 15 diem praesentis mensis Martii inter horas nonam et undecimam ante meridiem ejusdem diei, de mandato reveren- dissimi patris domini Cant, archiepiscopi, prout revera sic con- tinuata fuit per magistrum Lucam Gilpin sufficienter et legitime in ea parte deputatum. Unde mox supranominati ex ccetu inferioris domus discesserunt. 59 Sessio nona. Die Mercurii, 15 0 Martii 1586 secundum, &c. in ecclesia colle- giata beati Petri Westm. inter horas nonam et undecimam ante meridiem ejusdem diei in praesentia mei Tbomae Barker, notarii pubbci, &c. Quibus die hora et loco comparuerunt magistri By nam, Meredith, Morgan, D. Dey, D. Freake, West, Webb, Bancks, anno 15H6. 259 Studley, Proctor, Maxfeild, Rowland, Owens et Jones ; quibus intimatum fuit hu'jusmddi convocationcm fore de mandato reve- rendissimi patris domini Cant, archiepiscopi continnandam, nsqne inter horas primam et quintain post meridiem hujus diei, ac in locum solitum ; prout revera de eerta scientia mei notarii antedicti postea sic continuata fait Unde mox omnes supra- nominati discesserunt. Sessio decima. Eodem die inter horas praeassignatas, in quodam sacello ex parte australi infra ecclesiam collegiatam beati Petri Westm. in praasentia mei Thoma? Barker, notarii publici, &c. D. prolocutor, decanus Cant. Quibus die hora et loco comparuerunt omnes supranominati ; et post preces ibidem peractas dominus prolocutor accersitus fuit ad reverendissimuin patrem dominum Cant, archiepiscopum, caeterosque dominos praelatos, in superiori domo ; eumque comi- tati sunt decanus Cant, et decanus Elien. Ac post aliquam 160 ibidem moram revertebant, et tunc dominus prolocutor tradidit mibi notario antedicto quasdam constitutiones sive ordinationes in scriptis conceptas pi*o fideli et justa collectione ac solutione bcnevolae contributionis alias regia3 majestati in bac sacra synodo per clerum Cant, provincial concessae, quas, de ejus mandato, statim tunc ibidem alta et intelligibih' voce perlegi. Quo facto, dominus prolocutor interrogavit omnes supranomi- natos, an decreta, et ordinationes hujusmodi sibi placerent ; eosque rogavit quatenus eorum consensum et assensum eisdem, si eis ita videretur, prseberent ; et tunc omnes easdem ordina- tiones in omnibus approbarunt, atque consensum et assensum suos tarn norainibus eorum propriis, quam nominibus omnium aliorum quorum procuratores in hac parte respective existunt, prsebuerunt. Tamen magister Gilpin pctiit, ut apparitores ordinarii infra provinciam Cant, (quibus incumbit onus moncndi omnes et singulos, huie benevola? contributioni obnoxios, juxta ordinationes modo lectas) habeant aliqua feoda pro eorum labo- ribus in ea parte impendendis : et super boc orta est aliqua disceptatio inter eum et dominum prolocutorem. Ac deinde dominus prolocutor una cum decano Cant, decano Elien. et decano Westm. iterum adivit reverendissimuin patrem dominum Cant, archiepiscopum, ac rebquos reverendos patres in superiori s 2 260 Acta in inf. dom. domo, ad certifieandum eos de gestis hujusmodi. Unde brevi reverten. dominus prolocutor intimavit hujusmodi convoca- tionera esse continuatam in diem Veneris proximum, &c. in hnnc locum, inter horas octavam et imdecimam ante meridiem ejusdem diei ; et moniti sunt omnes supranominati ad tunc 1 6 1 ibidem interessendum, &c. Magistri Nowell, Walker. Hum- frey, Byss, Powell, et Say, ex relatione domini prolocutoris, isto die sunt licentiati quoad eorum personalem comparitionem, &c. Sessio undecima. Die Veneris, viz. 17 0 Martii 1586. secundum, &c. in quodam sacello ex parte australi ecelesiae collegiata? beati Petri Westm. inter horas octavam et undecimam ante meridiem ejusdem diei, in praesentia mei Thomae Barker, notarii pub- lici, &c. Quibus die hora et loco, comparuerunt dominus prolocutor nec non magistri Marston, Ri. Smyth, Dey, West, Bancks, Studley, Freake, Pratt, Proctor, Jones, Webb, Bynam, et Hey- wood : quibus dominus prolocutor intimavit hujusmodi convo- cationem esse continuatam usque in diem Mercurii proximum, viz. vicesimum secundum diem pra?sentis mensis Martii, inter horas octavam et undecimam ante meridiem ejusdem diei, in hunc locum ; et monuit eos ad tunc ibidem interessendum, &c. Sessio duodecimo. Die Mercurii, viz. 22° Martii 1586. secundum, &c. in ecclesia collegiata divi Petri Westm. inter horas octavam et undeci- mam ante meridiem, significatum erat hujusmodi convocatio- nem esse continuatam in diem Veneris proximum, viz. vice- 162 simum quartum Martii praedict. inter horas octavam et un- decimam ante meridiem, et in hunc locum. Sessio decima tertia. Die Veneris, viz. 24 0 Martii 1586, secundum, &c. Continuata fait hujusmodi convocatio per venerabilem virum magistrum Willielmum Awbrey legum doctorem, vicarium in spirituali- bus generalem reverendissimi patris domini Johannis Provi- dentia Dinna Cant, archiepiscopi, nec non commissarium in ea parte specialiter deputatum, usque ad et inter horas pri- mam et quartam postmeridianas. ac in locum pra?dictum. muni 1586. Ac insuper idem venerabilis vir jussit ut omnes hujus domus qui ad locum praadictum ante meridiem illius diei venirent, moneantur ad tempestive in locum solitum congregandum praadictum, statim a prandio, &c. prout ex relatione Mri. Redman deputati registrarii superioris domus ego Thomas Barker notarius antedictus accepi, &c. Sessio decima quartet. Eodem die inter horas primam et quartam post meridiem in loco solito prseassignato, praasente me Thoma Barker, nota- rio, &c. comparuerunt personaliter omnes et singuli quorum nomina hie subscribuntur, viz. D. prolocutor, D. Pearne, &c. Et tunc precibus prius rite ac debite peractis, de mandate domini prolocutoris facta fuit publica praaconizatio omnium cita- 1 torum ad comparendum in hac domo juxta consuetudinem alias usitatam, et juxta tenores mandatorum et certificatoriorum alias respective coram ipso reverendissimo patre domino Cant, archi- episcopo, &c. exhibitorum et introductorum. Eaque praaeoni- zatione vix completa, dominus prolocutor una cum integro coitu hujus domus tunc praasente, accersiti fuerunt ad dictum reve- rendissimum patrem, aliosque praalatos in capella vulgariter dicta capella regis Henrici Septimi existentcs ; ad quos finita praaconizatione citatorum (ut praafertur) immediate "scse contu- lcrunt ; ibique reverendissim\is pater dominus Cant, archiepi- scopus querelatus est de incuria, negligentia, et contumacia citatorum, &c. et non comparentium, &c. ac etiam de prava et immoderata luxuria et minus verecundo gestu ac morum intem- perie nonnullorum clericorum provinciaa Cant, ad fora et loca publica concurrentium : quare monuit decanos, archidiaconos et alios jam praasentes, ad quos correctio delinquentium hujusmodi pertinet, ad severe procedendum et puniendum obnoxios et cul- pabiles ; et si incorrigibiles persevei'averint, ad implorandum auxilium et opem episcopi dioacesani, vel ipsius reverendissimi patris, vel etiam ipsius serenissimaa dominaa nostra? reginaa, ne actionum et morum pravitas istorum obnubilet et obscuret doc- trinarn evangelii, quod verbis profitcntur ; quo pluribus perni • tiosum siet pessimum eorum cxemplum. Et tunc porrecta sibi scedula suspensionis, una cum scedula continente nomina et cognomina contumaciter absentium ab hac sacra synodo, idem Acta in inf. dom. reverendissinms eos omnes et singulos in hujusmodi scedula nominatos a celebratione divinorum et omnimodo exercitio ec- 164 clcsiastica? jurisdictionis suspendit ; prout in ipsa scedula penes registrarium ipsius reverendissimi patris quoad superiorem do- mum remanente, continetur. Ac deinde idem revcrendissimus pater, vigore et authoritate brevis regii sibi in ea parte directi, ac penes registrarium suum pra?dictum etiam remanontis, con- vocationem hujusmodi dissolvit, &c. ANNO MDLXXXVIII. Die Mercurii, viz. quinto die mensis Februarii, anno Domini secundum ecclesia? Anglicana? computationem 1 588, et regni serenissima? doniina? nostra? domina? Elizabeth, Dei gratia An- glia?, Francia? et Hibernian regina?, fidei defensoris, &c. anno tricesimo primo. Venerabilis vir magister Johannes Styll, archi- diaconus Sudbury, ac sacra? theologia? professor, intravit sug- gestum in cancello infra ecclesiam cathedralem divi Pauli Lon- don, ibique apud reverendissimum dominum Cant, ca?terosquc dominos episcopos et pra?latos necnon nonnullos alios provincia? Cant, doctam habuit ac edidit concionem in sennone Romano. Qua debite finita per semihoram ante undecimain horam ejus- dem diei, complures ex clero provincial Cant, pra?d. recesserunt in inferiorem domum synodalis convocationis pra?latorum et cleri Cant, provincise, viz. in sacellum olim nuncupatum beata? Maria? in orientah parte ecclesia? cathedralis divi Pauli London, notorie situat. ibique coram venerabilibus viris, decanis, archi- 1 65 diaconis, procuratoribus capitulorum ecclesiarum cathedralium, et cleri tunc ibidem ad hujusmodi convocationem celebrandum juxta effectum brevis regii et pra?teriti temporis morem insi- mul congregatis, comparuit venerabilis vir magister Alexander Nowel, decanus sancti Pauli London. ; cui pra?senti ex antiquo more et consuetudine dicta? ecclesia? cathedralis sancti Pauli pra?dicti, jus dirigendi electionem futuri prolocutoris competit : et ex parte dicti reverendissimi patris domini Johannis Provi- dentia Divhia Cant, archiepiscopi significavit, ut ad electionem futuri prolocutoris procedere licite et libere valeant et possint, et commendavit eis pra?fatum venerabilem virum magistrum Johannem Styll tunc ibidem pra?sentem. Unde omnes tunc pra?sentes lino ore eundem magistrum Johannem Styll sine mora in eonun et dicti ccetus inferioris domus cleri prolocuto- anno 1588. rem ct rcfcrcndarium concorditer unanimi consensu nominarunt et elegerunt, nemine contradicente. Et consequenter nomina- runt et elegerunt venerabilem virum magistrum Richardum Fletcher, sacra? theologian profcssorem, decanum Petriburgen. praeseniem, ad praesentanduin dictum dominum prolocutorem revcrendissimo domino Johanni Cant, archiepiscopo, et caeteris praelatis in superiori domo, die Veneris proximo, inter horas primam et quartam post meridiem in ecclesia collegiata West- minster, cum debita et solita solemnitate. Et moniti sunt omnes praesentes, quatenus dictis die hora et loco conveniant ad effec- tum praedictum. Acta et gesta fucrunt praemissa in praesentia Johannis Coston et mei Thomae Barker notariorum publicorum, in ejusdcm domus inferioris actorum scrib. assumptorum. Nomina quorundam praesentium electioni praxlictae qui miliii66 Thomaa Barker notario praedicto ex aspectu noti erant; reliquorum vero quam plurimorum etiam praesentium ob brevitatem temporis capere minime potui. D. Pearne, D. Bell, &c. Sessio secuncla. Die "Veneris, viz. septimo Februarii 1588, secundum, &c. inter horas secundam et quartam post meridiem ejusdem diei, in loco consueto infra ecclesiam collegiatam divi Petri Westm. in praesentia Johannis Coston et Thomae Barker, notariorum publicorum assumptorum, &c. Quibus die hora et loco, postquam omnes supranominati ve- nerabiles viri convenerunt, dictus venerabilis praesentator (ut praefertur) designatus, una cum caeteris supranominatis ex dicto inferiori domo, accersiti fuerunt in superiorem domum ; dictum- que venei-abilem virum magistrum Johannem Styll, prolocuto- rem electum, conduxerunt ad superiorem domum in orientali parte dictae ecclesiae existentem ; ibique pranfatus praesentatdf eundem magistrum Styll chcto revcrendissimo patri domino Cant, archiepiscopo, et caeteris superioris domus praelatis prae- sentavit. Ubi habita et praemissa docta oratione a praefato ve- nerabili viro magistro llichardo Fletcher, praesentatorc ante- dicto, et ea finita, altera docta oratione seu praefatione ipsius venerabilis viri domini prolocutoris, dictus revcrcndissimus pater cum caeteris doininis praelatis tunc praesentibus electionem hu- 167 jusmodi, et dominum prolocutorem electum concorditer appro- 264 Acta in inf. dom. barunt et ratificarunt. Hiis expedites, dominus prolocutor cum coetu suo praedicto, in dictam inferiorem domum revertebatur ; ubi de ejus mandato facta fuit praeconizatio omnium interesse debentium, &c. qua peracta dominus prolocutor accersitus fuit ad reverendissimum caeterosque dominos praelatos in superiori domo, cumque comitati sunt venerabiles viri magistri D. Pearne, D. Goodman, D. Coldwell, D. Fletcher, D. Barefoot, ct D. Cham- berleyne ; ubi aliquantisper commorantes, mox reversi sunt, dictusque dominus prolocutor universo ccetui significavit volun- tatem reverendissimi ca3teroi'umque prselatorum superioris do- mus esse, quod si aliquis hujus domus noverit quenquam mini- strum, de quo juste conqueri possit, quod contra leges eccle- siasticas nunc temporis auctoritate legitima receptas et appro- batas sese gessit et gerit, aut si aliquis noverit quenquam qui canones in ultima convocatione approbatos et editos violaverit, eosdem in scriptis denuntiarent reverendissimo domino Cant, archiepiscopo, caeterisque dominis praelatis praedictis pro debita correctione et reformatione in ea parte faciend. Et ulterius dominus prolocutor monuit omnos supranominatos praesentes, ut decenter incedant babitu clericali ad evitandum calumniam et scandalum hominum cerebrosorum horum temporum. Ac deinde dominus prolocutor intimavit omnibus supranominatis convocationem hujusmodi esse continuatam usque in diem Mercurii proximum inter boras nonam et undecimam ante me- ridiem, et in ecclesiam collegiatam praedictam, et monuit omnes jam prassentes ad tunc ibidem interessendum, &c. 68 Sessio tertia. Die Mercurii, viz. duodecimo die Februarii, anno Domini 1588, secundum, &c. in quodam sacello ex parte septentrionali ec- clesiae collegiataa divi Petri Westminster, inter horas nonam et undecimam ante meridiem ejusdem diei in praesentia Jo- bannis Coston et Thomse Barker, notariorum publicorum, &c. D. prolocutor, D. Pearne, &c. Quibus die hora et loco comparuerunt omnes supranominati venerabiles viri ; et post preces peractas dominus prolocutor elegit sibi in assessores venerabiles viros, decanum Elien., deca- num Roffen., decanum Sarum, decanum Lichen., decanum Pe- triburgen., D. Bell, D. Barefoot, D.Wythers; quam electionem omnes supranominati approbarunt et ratificarunt. Ac mox ac- anno 1588. 265 cersitus fuit dominus prolocutor ad revcrendissimum dominum Cant, archiepiscopum, caeterosque dominos praelatos, in superiori domo ; quo sine mora se contulit, eumque comitati sunt domini assessores pramominati. Undo paido post revertentes in locum pra?dietum, dominus prolocutor significavit universo ccetui con- sensum et concordatum fuisse et esse inter dominos praelatos superioris domus, quod reverendi patres domini Winton. epi- scopus, episcopus Roffen. et episcopus Hereford, tractarent, statuerent, et deliberarent de subsidio dominae nostras reginae erogando ; et in eundem finem dominus prolocutor nominavit et elegit venerabiles viros, decanum Elien., decanum Westm., decanum Sarum, decanum divi Pauli London., decanum Roifen., 169 decanum Cicestren., decanum Petriburgen., D. Kennal, D. Bell, D. Reneger, D. Wythers, D. Capcott, magistruni Mullyns, ma- gistrum Redman, D. Barefoot, magistruni Bungey, ut similiter vice ac nominibus totius hujus coetus communicarent et tracta- rent de subsidio liujusmodi, nec non consensum et assensum omnium supranominatorum hujus coetus in electionem suam liujusmodi petiit, et sine mora obtinuit. Unde monuit omnes praesentes ne revelarent gesta bujusmocU isto die, donee mani- feste notum foret, quid laici in eorum domo parliamenti de subsidio per eos praestando propediem statuerent. Quibus sic gestis, dominus prolocutor intimavit liujusmodi convocationem esse continuatam usque istum diem ad septi- manam inter horas nonam et undecimam ante meridiem in hoc loco, et monuit omnes jam praesentes ad tunc ibidem interes- sendum, &c. Isto die porrecta fuit domino prolocutori scedula refor- mand. per magistruni Coton. Sessio quarta. Die Mercurii, viz. 9 0 Februarii, 1588, secundum, &c. in quodam sacello ex parte septentrionali ecclesiae collegiatae divi Petri Westminster, in praesentia Johannis Coston, et mei Thoma? Barker, notariorum publicorum assumptorum, &c. inter horas praeassignatas, &c. D. prolocutor, D. Bridges, &c. Quibus die hora et loco inter horas praeassignatas comparu- erunt omnes supranominati ; et post divini numinis implora-170 tionem, venerabiles viri magistri D. Pearne, D. Bridges, D.* 266 Acta in inf. dom. Coklwell, D. James, D. Goodman, D. Bulleyn, D. Barefoot, D. Wythers, et archidiaconus Cant, ex rogatu domini prolocu- toris sibi assidebant. Ac deinde nuntiatum fuit domino prolo- cutori de voluntatc reverendissimi patris domini Cant, archi- episcopi et caeterorum dominorum episcoporum in supeiiori domo, quod ad se accederet cum assessoribus suis praedictis. Quo mox sese contulerunt ; ibicpie aliquantisper commorantes, in eorum reversu in hujusmodi ccetu dominus prolocutor obnixe rogabat et petebat ab universo ccetu, quatenus intuitu bellorum per adversarios et bostes hujus regni intentatorum, ac mature et provide per dominam nostram reginam ej usque senatum propulsorum et propellend. et ob alias justas et legitimas causas, darent et concederent eidem dominae nostra? reginae, ultra subsidium sobtum, semi-subsidium solvendum similibus diebus et terminis alias assignatis pro solutione benevolae con- tributionis dicta? dominae nostra? reginae nuper concessae suc- cessive et immediate post lapsum eorundem terminorum alias (ut praefertur) assignatorum in uno et eodem libro sive instru- ments aut in diversis concipiend. Cujus petitioni nonnulb hujus domus annuebant, ac alii nonnulli adversabantur ; ita quod difficile erat judicare utra pars major esset. Unde vocatis nominatim omnibus praesentibus, apparuit numerum consentien- tium huic semi-subsidio aliquantidum minorem esse quam dis- sentientium. Et quoniam lapsus temporis non pateretur in praesenti ulteriorem tractatum de bac re, dominus prolocutor monuit omnes praesentes, ne pubbce re velar ent tractata et gesta 71 isto die : et ulterius intimavit eis hujusmodi convocationem esse continuatam usque in diem Veneris proximum in hoc loco, inter horas nonam et undecimam ante meridiem ; et monuit eos ad tunc ibidem interessendum, &c. Sessio quintet. Die Veneris, viz. 21° Februarii, 1588, secundum, &c. in quo- dam sacello ex parte septentrionali ecclesia? collegiata? divi Petri Westminster, inter horas nonam et undecimam ante meridiem ejusdem diei, in praesentia mei Thomae" Barker, notarii publici assumpti, &c. D. prolocutor, D. Coldwell, &c. Quibus die hora et loco comparuerunt omnes supranomi- nati ; et post preces finitas, dominus prolocutor obnixe petiit et anno 1588. 267 rogavit ab omnibus praasentibus, ob causas alias per eura ultima selJ^dne declaratas, quatenus ipsi darcnt et concedcrent dominaa nostra) reginaa duplex subsidium juxta formam subsidii ultimi sibi concessi, viz. summam duodecim solidorum ex qualibet libra annui valoris cujusbbet dignitatis sive beneficii ecclesia- stici, juxta valorem eorundem benefieiorum in libris primi- tiarum dicta? dominaa nostra; reginaa expressum, solvend. infra spatium sex annorum post lapsum sive expirationem termi- norum alias pro solutione subsidii jamdudum concessi assigna- torum : cujus petitioni omnes supranominati consentierunt. Et mox dominus prolocutor accersitus fuit ad reverendissimum dominum Cant, archiepiscopum, caeterosque dominos praalatos in superiori domo ; quo se contulit, comitantibus eum decano Westminster, decano Roffen. decano Sarum, decano Elien. 1 7 1 doctore Bell, arcbidiacono Mullyns, archidiacono Redman. Unde paulo post revertens, retulit universo coatui bujus domus, se significasse eisdem dominis praalatis consensmn hujus domus in concessione duplicis subsidii petiti, nec non eorum petitionem pro immunitate sua obtinenda ab omni exbibitione sive praasta- tione munitioniun bellicarum. Et ulterius dominus prolocutor ad petitionem quorundaui bujus domus elegit magistrum D. Bolde, magistrum Wilhelmum Coton, et magistrum Bayneham, ad tractandum et communicandum cum caateris abis electis de libro concipiendo pro subsidiis bujusmodi. Ac deinde dominus prolocutor intimavit omnibus praasentibus bujusmodi convoca- tionem esse continuatam usque diem Mercurii proximum inter boras nonam et undecimam ante meridiem in hoc loco, et monuit eos ad tunc ibidem interessendum. Sessio sexta. Die Mercurii, viz. 26 0 Februarii, 1588, secundum, &c. in quo- dam sacello ex parte septcntrionali infra ecclesiam colle- giatam divi Petri Westminster, inter boras nonam et un- decimam ante meridiem ejusdem diei in praasentia mei Thomae Barker, notarii pubbci assumpti, &c. D. prolocutor, D. Pearne, &c. Quibus die bora et loco comparuerunt omnes supranomi- nati ; et post preces celebratas, ex mandato domini prolocutoris ego notarius antedictus publico, ac alta et intelligibili voce, perlegi librum conceptum pro duobus subsidiis dominaa nostraa 1 73 268 Acta in inf. dom. reginse concessis; et post lecturam ejusdem omncs praesentes eundem librum, omnesque sententias, clausulas, ac provisiones, tarn veteres minime rcformatas, quam recentiores et novas, nnper ac noviter emendatas et additas, juxta petitiones et scedulas domino prolocutori porrectas unanimiter approbarunt et ratificarunt. Ac statim postea acccrsitus fuit dorninus pro- locutor ad dominos prselatos in superiori domo, sccumque ad eos transtulit librum subsidiorum praedict. comitantibus eum qui sibi assidebant die praedicto, viz. D. Pearne, D. Goodman, D. Coldwell, D. Bridges, D. Fletcher, D. James, et D. Cham- berleyne ; et in eorum reversu in banc domum, dorninus prolo- cutor significavit omnibus praesentibus, quod reverencb patres in superiori domo minime approbarunt quasdam ex clausis sive provisionibus in libro subsidiorum praedicto, sic ut praefertur lecto, et per totum ccetum hujus domus approbato ; quodque lapsus temporis non pateretur in praesenti ulteriorem tractatum sive deliberationem de ea re ; ideoque ulterius significavit con- tinuationem esse factam usque inter boras secundam et quartam horam pomeridianam in boc loco, et monuit omnes ad interes- sendum, &c. Sessio septima. Eodem die in loco praedicto ac inter boras praeassignatas, in praesentia mei Thomas Barker, notarii publici assumpti, &c. D. prolocutor, D. Bell, &c. Dictis die bora et loco comparuerunt omnes supranominati ; et mox venerabiles viri D. Pearne, D. Bulleyn, D. Bell, D. Tyn- 1 74 dall, D. Goodman, D. Coldwell, D. Wylson, Mr. Redman, Mr. Bungey, Mr. Hutchinson, et Mr. Rilston, deduxerunt sive comi- tati sunt dominum prolocutorem ad reverendos patres dominos praalatos in superiori domo ; ibique habita inter eos consulta- tione sive communicatione de modo et forma conceptionis libri subsidiorum prsedict. domini praalati declararunt domino prolo- cutori casterisque supranominatis nonnullas causas et rationes ob quas dictus liber subsidiorum reformatur per eos in quibus- dam nuper additis et emendatis per domum inferiorem, necnon rogarunt dominum prolocutorem ut causas et rationes hujus- modi toto coetui domus inferioris renuntiaret. Quibus sic gestis, dorninus prolocutor et caeteri praanominati reversi sunt in infe- riorem domum praadictam ; et juxta requisitionem sibi factam, ipse et dorninus archidiaconus Cant, renunciarunt causas refor- anno ij88. 269 mationis libri subsidiorum praedict. et eis auditis, ortus est dis- sensus de forma conceptionis dicti libri. Unde, de mandato domini prolocutoris, omnes pra?sentes per me notarium publi- cum praxlictum nominatim evocati sunt ad reddendum eorum suffragia de forma conceptionis dicti libri ; ac deinde evidenter constitit numerum consentientium forma; dicti libri per dominos episcopos, ut prasfertur, reformat!, majorem esse numero dis- scntientium. Unde mox dominus prolocutor intimavit conti- nuationem liujus convocationis esse factam usque diem Veneris proximum inter horas nonam et undecimam ante meridiem ejusdem diei in hoc loco, et monuit omnes praesentes ad intcres- sendum, &c. Sessio octava. i Die Veneris, viz. 28 0 Februarii, 1588, secundum, &c. in quo- dam sacello ex parte septentrionali infra ecclesiam colle- giatam divi Petri Westm. inter horas nonam et undecimam ante meridiem, in prassentia mei Thomas Barker, notarii publici assumpti, &c. D. prolocutor, D. Chamberleyne, &c. Quibus die bora et loco comparuerunt omnes supranomiuati ; et post divini Numinis implorationem, dominus prolocutor evo- catus fuit ad dominos episcopos in superiori domo ; ac dominus decanus Westm. dominus decanus Lichen, dominus decanus Roffen. dominus decanus ecclesiae Christi Oxon. eum comitati sunt. Unde paulo post revertentes, dominus prolocutor publice declaravit omnibus pra?sentibus, praefatos dominos episcopos nuper certiorcs factos esse do adversa valetudine reverendissimi patris_domini Cant, arcliiepiscopi, ita quod non potest sine vitae suae periculo ad banc ecclesiam collegiatam accedere. Et ideo intimavit quod concessus hujus domus continuatur usque inter horas secundam et quartam pomeridianam in palatio dicti reve- rendissimi patris apud Lambehith, et monuit omnes ad interes- sendutn, &c. Sessio nona. Eodem die inter horas secundam et quartam pomcridianas, in sacello reverendissimi patris domini archiepiscopi Cant, infra 1 palatium suum apud Lambehith, in praesentia mei Thomas Barker, notarii publici assumpti, &c. Die bora et loco praxlictis comparuerunt omnes infra nomi- nati ; et mox dominus prolocutor totusque ccetus hujus domus 270 Acta in inf. don}. accersiti fuerunt ad dominos episcopos existentes in quadam camera jacente prope prajdictum sacellura ; ibique'aperte, dis- tincte, et publice, perlectus fuit liber subsicliorum. Quo sic perlecto, nullus pra?sentiimi dictum librum aut formam ejusdem contradixit. Et tunc dominus episcopus London, vigore com- missionis sibi in ea parte facta*, continuavit hujusmodi convoca- tionem usque diem Mercurii proximum in ecclesiam collegiatam divi Petri West, inter boras octavam et decimam ante meri- diem, quam continuationem dominus prolocutor intimavit omni- bus praesentibus ; et monuit eos ad tunc ibidem inter essendum, &c. D. prolocutor, D. Bulleyn, &c. Sessio decima. Die Mercm'ii, viz. 5 0 die mensis Martii anno Domini 1588, secundum, &c. in quodam sacello, ex parte boreali ecelesiaa collegiata? divi Petri Westm. in prassentia magistri Jobaimis Coston, notarii publici, &c. D. prolocutor, D. Coldwell, &c. Quibus die bora et loco comparuerunt omnes supranomi- nati ; et post preces peractas, dominus prolocutor declaravit, quod quum ex fide digna relatione acceperit, laici bujus regni 1 69 quandam billam sive petitionem pro provisione armorum per clerum bujus regni fienda superiori domo parUamenti exbi- buere, ideoque dominus prolocutor duxit consentaneum esse, ut integer coetus hujus domus petitionem sive supplicationem aliquam eidem parliamento porrigeret, ad impediendum seu saltern mitigandum et reformandum formam illius billse quoad clerum : ac mox dominus prolocutor supplicationem quandam in finem pra?dictum conceptam tunc ibidem protubt, ac palam et pubUce per legit, in se continentem inter aba nonnullas causas et rationes, quare clerus hujus regni minime oneretm* subministratione et provisione mibtum, armorum, et munitio- num belbcarum, prout in dicta billa (ut praefertur) exbibita fuit et est insertum : quam quideni petitionem sic lectam omnes praesentes approbarunt, ac expresse consentierunt, ut eadem nomine totius domus exhiberetur dominis arcbiepiscopis, epi- scopis, baronibus, et proceribus superioris domus parbamenti ad effectum praedict. anno 1588. 271 Sessio undecima. Die Veneris, viz. 7 0 Martii 1588. secundum, &c. in quodam sacello ex parte boreali infra ecclesiam collegiatam divi Petri Westm. inter horas octavam et decimam ante meridiem, in pracsentia magistri Johannis Coston et mei Thoma) Barker, notariorum publicorum assumptorum, &c. D. prolocutor, D. WalsaL &c. Quibus die hora et loco comparuerunt omnes supranomi- nati ; quibus dominus prolocutor intimavit continuationem hujus domus convocationis esse factam in diem Mercurii proximum ^7° inter horas octavam et decimam ante meridiem in hoc loco, et monuit omnes pra;sentes ad interessendum, &c. Sessio duodecimo:. Die Mercurii, viz. 12° Martii, 1588, secundum, &c. in quodam sacello ex parte boreali infra ecclesiam collegiatam divi Petri Westm. inter horas octavam et undecimam ante meri- diem ejusdem diei, in prsesentia Johannis Coston, et mei Thomae Barker, notariorum publicorum assumptorum, &c. D. prolocutor, D. Chamberleyn, &c. Quibus die hora et loco comparuerunt omnes supranominati ; et post preces celebratas, dominus prolocutor praeconizari fecit citatos ad comparendum in hac parte ; et praeconizatione hujus- moth minime finita, reverendissimus pater dominus Cant, archi- episcopus, ca?terique domini praalati in superiori domo, accersi- verunt ad se integrum ccetum hujus domus ; eosdemque dominos prajlatos adierunt in ecclesia collegiata pra)dicta. Ibiquc chctus reverendissimus pater reprehendit neghgentiain sive contuma- ciam nonnullorum citatorum et monitorum ad comparendum in hac domo, et non comparentium ; ac expresse affirmavit se velle propter eorum contumacias contra eos procedere juxta juris exigentiam, &c. Et deinde post aliquem tractatum de aliis quibusdam seriis rebus, instanter rogavit omnes prassentes ad contribuendum et praostandum aliquam pecuniarum sum- mam in sustentationem et sublevamen quorundam Tyrrell et Tydder presbyterorum, aliquando seductorum instigationibus 1 7 1 et persuasionibus falsis scelerati Romani pontificis cj usque ad- hajrentium, ac nuper errores suos publice confitentium, nec non sinceram rcligionem modo authoritate regia stabilitam profiten- 272 Acta in inf. dom. tium. Et mox omnes supranominati in inferiorem domuni praedict. reversi sunt, et tunc ibidem finita fuit pra econiza tio, ut praefertur, citatorum, &c. ac etiam Facta fuit collectio in usum praefatorum Tyrrell et Tyddcr ad suminam £3. 14s. tod. Quibus sic gestis, dominus prolocutor intimavit omnibus pras- sentibus continuationcm hujus convocationis esse factam usque diem Veneris proximum in hoc loco, inter horas octavam et decimam ante meridiem, et monuit omnes jam praesentes ad tunc ibidem interessendum. Sessio decima tertia. Die Veneris, viz. 14 0 Martii, 1588, secundum, &c. in ecclesia collegiata divi Petri Westm. comparuerunt omnes infranomi- nati inter boras prseassignatas, in praasentia Johannis Coston et mei Thoma? Barker, notariorum publicorum assumpto- rum, &c. D. prolocutor, D. Wood, &c. Dictis die bora et loco comparuerunt omnes supranominati ; quibus facta fuit intimatio de continuatione hujusmodi convoca- tionis usque in diem Mercurii proximum inter boras octavam et undecimam ante meridiem, in boc loco. 172 Sessio decima quarta. Die Mercurii, viz. 19 0 Martii, 1588. secundum, &c. in quodam sacello infra ecclesiam colleo-iatam cbvi Petri Westm. inter boras octavam et decimam ante meridiem ejusdem diei, in praesentia mei Thomaj Barker, notarii publici assumpti, &c. D. prolocutor, D. Bulleyn, &c. Quibus die hora et loco convenerunt omnes supranominati ; quibus facta fuit intimatio de continuatione hujus convoca- tionis usque, inter horas secundam et quartam pomeridianas, in boc loco. Sessio decima quinta. Eodem die in loco ac inter boras prseassignatas in praesentia magistri Johannis Coston et mei Thomae Barker, notariorum publicorum assumptorum, &c. D. prolocutor, D. Chamberleyn, &c. Quibus die hora et loco comparuerunt omnes supranomi- anno 1588. 273 nati ; et mox acccrsiti fuerunt ad reverendissimum patrem aliosquc dominos praelatos in superiori domo, eosque adiorunt, ibique reverendissimus pater perlegi fecit quosdam articulos nuper per regiam auctoritatem approbates, ac per totam provinciam Cant, observatos, quoad personalem residentiam super benefieiis ecclesiasticis, et pluralitates beneficiorum, &c. Ac postea tractatum aliquem de ea re invicem habuerunt. 173 Quibus sic gestis, reversi sunt in inferiorem doniura, ibique dominus prolocutor intimavit omnibus praesentibus continua- tionein hujus convocationis esse factam usque in diem Veneris proximuin, in hoc loco, inter horas octavam et deciinam ante meridiem. Sessio decima sexta. Die Veneris, viz. 21° Martii, 1588, secundum, &c. in quodam sacello ex parte boreali infra ecclesiam collegiatam divi Petri Westm. inter horas octavam et decimam ante meridiem in praesentia magistri Johannis Coston et mci Thomas Barker, notariorum pubhcorum assumptorum, &c. D. prolocutor, D. James, &c. Quibus die hora et loco comparuerunt omnes supranomi- nati ; ac eorum plures intrarunt domum convocationis una cum domino prolocutore ; ubi dominus prolocutor statini intimavit omnibus praesentibus hanc convocationem esse continuatam usque inter horas secundam et quartam pomeridianam in hoc loco ; et monuit omnes praesentes ad tunc interessendum. Sessio decima septima. Eodem die in loco ac inter horas praeassignatas, in praesentia magistri Johannis Coston et mei Thomaj Barker, notariorum publicorum assumptorum. D. prolocutor, D. Pearne, &c. Quibus die hora et loco comparuerunt omnes supranomi- 174 nati ; quorum uonnulli intrarunt domum convocationis una cum domino prolocutore ; quibus intimavit ad statim conti- nuationem hujus convocationis esse factam usque in diem Mercurii proximum, inter horas octavam et decimam ante meridiem in hoc loco ; et monuit omnes praesentes ad tunc ibidem interessendum, &c. dlBSON. T 274 Acta in inf. dom. Sessio decima octava. Die Mercurii, 26 0 viz. die mensis Martii, anno Domini 1589, in quodam sacello ex parte boreali infra ecclesiam collegiatam divi Petri Westminster, inter horas octavam et decimam ante meridiem ejusdem diei, in praesentia mei Johannis Coston, notarii publici, &c. D. prolocutor, D. "Wood, &c. Illis comparentibus dominus prolocutor significavit eonvoca- tionem esse prorogatam in crastinum diem, viz. diem Jovis, 27 diem praesentis mensis Martii inter boras nonam et unde- cimam ante meridiem in hoc loco. Et monuit praesentes ad tunc ibidem interessendum. Sessio decima nona. Die Jovis, 27 0 viz. die mensis Martii, 1589, in quodam sacello infra ecclesiam collegiatam divi Petri Westminster, ex parte boreali ejusdem ecclesia?, inter horas octavam et decimam ante meridiem ejusdem diei, in praesentia mei Johannis Coston notarii publici. D. prolocutor, D. James, &c. 1 75 Quibus die et loco dominus prolocutor significavit hiis com- parentibus convocationem hujusmodi esse prorogatam in cras- tinum diem, viz. 28 0 diem praesentis mensis Martii. inter horas octavam et decimam ante meridiem ejusdem diei, ad hunc locum, et monuit, &c. Sessio vicesima. Die Veneris, 28 0 die mensis Martii, anno Domini 1589, in loco praedicto in praesentia mei Johannis Coston, notarii publici, &c. D. prolocutor, D. Cbamberlayne, &c. Quibus die et loco dominus prolocutor intimavit hiis com- parentibus convocationem hujusmodi esse prorogatam in pome- ridiano hujus diei inter horas primam et quartam ad hunc locum, &c. cmno 1589. 275 Sessio vicesima prima. In pomeridiaiio ejusdem diei, in loco prsedicto, in praisentia mei Johannis Coston, notarii publici, &c. D. prolocutor, Mr. Gabriel Goodman, &c. Quibus die et loco dorainus prolocutor verbo tenus inti- mavit hujusmodi convocationem esse continuatani juxta decre- tum doniini archiepiscopi Cant. viz. in diem Mercurii proximum, viz. secundum diem mensis Aprilis, inter boras nonam et unde- 176 cimam ante meridiem ejusdem diei, ad bunc locum, &c. Quo die adveniente, dissoluta extitit bujusmodi convocatio ad honorem Dei celebrat. &c. t 2 223 Observations from the foregoing Acts of the Upper and Lower House, concerning the Right of continuing the Convocation, Sfc. THIS question about the right to continue has been consi- dered at large under all its circumstances : for a more parti- cular account whereof the reader is referred to the Vindication of the Archbishop's Right, and the Reflections upon the late Expedient. At present, I intend to confine myself to the Schedule of Continuation, and such short remarks thereupon as arise more especially from the acts of those five convoca- tions which are here made public. The acts, being the most entire that remain to either house, and all along expressing the forms at length, are undoubtedly our proper guide ; and the questions upon this head turn immediately upon the true meaning and extent of the schedule, however some late writers, to avoid the force both of the acts and the schedule, have per- plexed the cause and amused the world with a A-ariety of little 224 circumstances obscurely entered in some imperfect minutes. The sche- In the upper house acts, anno 1562, 1640, and 1661, the stantly" 1 " reac ^ er w iM observe the schedule of continuation 3 all along a " When the convocation comes to sit, and the business of that day is over, the archbishop consults with his suffragans about a convenient day to which they may continue for the further prosecution of the business before them : and that being adjusted, a schedule of continuation is deli- vered by the register to his grace, who either by himself or his deputy publicly reads and afterwards signs it. And that reading and signing is formally attested by a public notary ; which is altogether unnecessary to any purposes in the upper house. The attestation therefore could origin- ally be intended only to give the lower house (to the prolocutor whereof it is immediately sent, to be by him intimated to the house) a legal assurance that it is the archbishop's act, and to acquaint them what they are to do in pursuance of it. " I know not certainly how long such schedules have been used in con- vocation ; but believe that they came in when it begun to be less usual for the lower clergy to stay with the bishops in the upper house through- out the debates, and so to be present there at the time of his grace's con- tinuation." — Right of the Archbishop, Letter ii. p. 38. Observations concerning the right of continuing. 277 mentioned at the end of the sessions, to specify the manner of mentioned i ■ rt • ln *" U P" that act, and of the execution thereof hy his gi'ace : Prout tn peT house schedula per eum lecta, juxta schedulam per eum lectam, ie & sters ' jwxta tenorem schedules per eum lectce : and then the entry usually introduced in these words, Cujus quidem schedules ve- nts tenor sequitur in hcec verba, In Dei nomine, Amen, Nos, fyc. But the original schedules being deposited in the registry of the archiepiscopal see, the notaries thought it sufficient to refer to them in that manner, and have left us no one copy thereof in all the acts of convocation. Whatever schedules remained in the office anno 1666 were consumed in the fire of London ; but from that time we have great numbers of them, beginning as the ancient ones did, and without doubt copied from them. Those from the year 1666 to 1670 inclusive have been discovered lately, and will be produced anon, to prove that the clause convocatio prozlatorum et cleri, is not only a very material, but also a genuine part of the archiepiscopal schedule. The use of schedules in an English synod is much more an-Theanti- cient than the reformation, or the division of the two houses, schedules Under archbishop Chichele we meet with frequent mention of 111 convo- . . cation. them in the business of subsidies, constitutions, &c. ; but I have never observed any footstep of a separate schedule of continua- tion while the two houses debated together. In 1438 the re- gister of that year gives us the copy of a decree or sentence 225 against the absents, which includes a prorogation also, with an 1^^*33 admonition to the members then present to attend according ofthisbook. to the tenor thereof, Et prazsentem convocationem usque in et ad $*c. cont 'utuamus : monentes insuper omnes et singulos jam praisentes, ut die prazdicto compareant, SfC But whether in those days all the continuations were formally drawn in writ- ing, or only pronounced viva voce by the archbishop or his commissary, the acts have nowhere told us ; nor do I meet with any circumstance upon which a conjecture on either side may be fairly grounded. The registers of the archbishops say nothing of proceedings in convocation after the year 1488 ; from which time we have no accounts, at least that I know of, before 1529, when the extracts out of the upper house books begin. In some sessions of that year we find it expressly men- tioned as a written form, and the form itself directly referred 278 Observations concerning to by the abridger, as entered at length in the original acts. Sess. 2. Continuavit, fyc. cum verbis in scriptis, quod scriptum ibidem sequitur. Quod fecit in scriptis, ut ibi- dem. Anno 1532, sess. 1, it is said in the abstracts with re- ference to the original register, Item inseritur tenor continua- tionis sive prorogationis in diem Martis prose. But within two years (anno 1534, Dec. 16.) express mention is made of the schedule as a separate paper out of which the continuation was pronounced : Episcopus London. [commissarius~\ conti- nuavit in diem Veneris in horam secundum, ut in papyri schedula quam in manu tenuit. 226 Till this time, for aught appears, the form of continuation was entered at length in the registers, as it still is in the con- vocation of York, where the clergy, if they be retired on any particular occasion, are sent for to be present at the continua- tion solemnly pronounced out of that form by the archbishop or his commissary. And so it probably was (for we can go no further than probabilities) in the province of Canterbury, for The inferior some time after their separation. Even in these extracts ex- senif at P the press mention is made of the presence of the inferior clergy at archbi- t} ie continuations of the president ; and there are other in- shop s con- ...... , .. . tinuations. stances in which their attendance in the upper house, and the continuations there, are so expressed as to make it probable at least that some of the clergy, if not the whole body, were present at them. Anno 1529, sess. 14. The continuation in the upper house is made to the Friday following, Prcesentibus aliquibus de clero, sed paucis suffraganeis. Anno 1529, sess. 2. The upper house book: Monitus est prolocutor cum clero quod comparerent prox. die Veneris, loco et hora, Sfc. et sic continuavit, fyc. to the same day. Anno 1529, sess. 17. The commissaries continue in the upper house, Prcesentibus prolocutore et rnultis aliis de clero. Anno 1555, sess. 2. The lower house having received in charge what they were to consider against the next session, Dominus praises, absentibus omnibus, ]>rius ])raconisatis et nullo modo comparentibus, pro contumacibus pronunciatis, continuavit 227 Anno 1557. sess. 8. The archbishop having admonished clerum domus inferioris not to depart without leave, inde con- the right of continuing. 279 tinuavit in diem Mercurii, 16 Februarii prox. hora 2 post meridiem, fy-c. monuitque omnes, 8fc. ad interessendum. Anno 1586. Dr. Awbrey, as commissary to the archbishop, continues hujusmodi convocationem in statu quo nunc est, 8fc. praisentibus tunc ibidem venerabilibus viris Mris. Mullyns et Walker ex coetu inferioris domus, necnon aliis testibus, Sfc. This was done in the chapter-house of St. Paul's, the place of the bishops ; and is entered in the lower house journal as the continuation of that house, Edward Say their actuary being also present. From the foregoing observations upon the form and manner A short ac- of continuation, this account of it may, in my opinion, be fairly schedule*' 16 collected. While the custom was to enter it at large in the register, as we see they did in 1529 and 1532, the convocation was either continued in a body, as it still is in the province of York, or notice thereof was given to the inferior clergy by the prolocutor, or some other authentic hand. But the business of convocations increasing, and the clergy growing thereupon into a more separate state as to their debates, the prolocutor's coming up constantly to receive the notice might appear trou- blesome, and a proper person by whom to convey it immedi- ately to the lower clergy might not always be in readiness ; and so the form, which the actuary was wont to enter in the register for the archbishop's reading, began to be drawn upon a separate paper or schedule, from whence, as a notice more 228 certain and easy, the prolocutor should intimate the continua- tion to the lower house. And then we find that the notary, instead of transcribing it into the register at length, as he had done at the beginning, thought it sufficient to refer to that original schedule, as ultimately deposited in the same office with the acts of both houses of convocation. I have been told of a scheme lately offered, to show that the The deriv- use of these schedules in our Enjdish convocation was derived in ? °, ui i ° schedules from the same method in the Lateran council under Julius II. from the and Leo X. b If this scheme be made more public, we may ^ncii an b " His first inquiry is about the. antiquity and rise of the schedule ; derived by him from the Lateran council which ended in the year 1517. For there, he says, such a schedule was first regularly and uniformly prac- tised ; and that abp. Warham, being a great master of the canon law, transcribed the pattern thus set, in the next convocation he called after ~80 Observations concerning improbable expect that the author thereof show us either some particular constitution in that council establishing such a rule for the future proceedings of provincial synods, or some notice in our histories that archbishop Warham, out of a particular liking to the model, resolved to make it a rule for his own synods ; or at least some evident changes of the manner of holding an English convocation, in conformity to that of the Lateran coun- cil, upon the publication thereof by order of pope Leo X. These are proofs which will be naturally called for to sup- port such a notion. And yet, if I am not much mistaken, the author of that scheme will not be able to confirm it by any one of them : and the form, I am sure, of those schedules in the the dissolution of that council, which was in the year 1522. That (as a testimony thereof) at the precise time when these schedules were first practised among us, a new clause was inserted in the archhishop's man- date of summons, ordering the capitular and diocesan clergy to send up ' sufficientes procurators habentes in ea parte authoritatem potestatem et mandatum sufficient, continuation! et prorogation! dierum extunc sequent, et locorum, si oporteat, consentiendi.' That the lower clergy being then in possession of a distinct right of consenting to synodical continuations, this solemn recognition of that right was made to prevent any jealousy or suspicion that such a form was introduced in prejudice to their right. "This is the principle upon which he builds; and his plain design in labouring so much to bring in the use of the schedule and that clause to- gether was to make the clergy's consent to continuations implied though not expressed in the archbishop's schedule; but (as we shall observe more largely in the proper place) impartial men will find it hard to conceive how the consent of the clergy should be necessary to make a continuation, the time whereof is absolutely fixed and the instrument signed and pub- lished, and the clergy (by their own confession) determined to the day, before they have the least notice of it, much less have been asked to con- cur, or signified their consent. " His scheme, I confess, might make it look as if the clergy had an injury done them in that determination above, without their consent first had, if the facts upon which he grounds it were certainly true. But if on the other hand it do not appear, nay, be extremely improbable, that the continuing by schedule was first regularly practised in the Lateran coun- cil ; or that abp. Warham introduced it here in imitation of that pattern ; that the clergy before that time had a right to consent to continuations ; or that this clause was inserted in the mandate to recognise and secure that right; if, I say, this author have produced nothing to make these probable, then they are no testimony of the clergy's right to consent, nor of any thing else but his unfair and partial reasoning." — The Schedule reviewed, p. 29. the right of continuing. 281 Lateran council are as different in all respects from our most early schedules of continuation as two instruments of the same design and tendency can well be conceived. The reason why so many schedules appear in the printed 229 acts of that Lateran council is plainly this. After it was over, pope Leo employed one of the cardinals, Antonius de Monte, to draw up the acts and proceedings entire, taking every thing at large, as they lay in the original instruments, and were en- tered by the notaries upon the place. This was afterwards made public by authority of the pope : but I hope this new account of the original of English schedules depends not upon this strange inference, that because the same schedules appear not in the printed acts of former councils, the matter and de- crees whereof were only made public, without the forms of proceeding, therefore such sche lules were not used in the holding of councils before. And as to those that came after, had pope Leo intended this we speak of for a pattern to future councils, we might at least expect to find every thing in the council of Trent exactly agreeable to that model : and yet these methods do not appear there ; and so the same argument (the silence of the printed acts) which makes those in the La- teran council the first of the kind, will prove them also to be the last. But as the thing appears to me at present, I see no reason to doubt whether the councils both before and after did not proceed in the same methods with those we see in the Lateran, only the other popes happened not to be so curious as Leo the Tenth in publishing the forms of proceeding with the decrees of their councils. Though as to this point of the schedules, even in the year i43 x > long enough before the La- teran council, we find the legate and the other prelates, &c. in the council of Basil solemnly met in certa aula, fyc. in qua 230 soliti sunt pro conciliis tenendis in unum convenire, and de- creeing a day for the first session expressly by schedule ; prout in schedula, cujus tenor inferius primo loco describitur, ple- nius continetur. However, what is here said concerning schedules in the councils abroad, I offer only as my own present thoughts, not knowing particularly enough how that scheme, deriving our methods from the Lateran council, is laid. Nor would I have The dispute the foregoing account of the use of schedules in an English uporTpro- 0 * 282 Observations concerning roguing by convocation to be so understood, as if in the present dispute it otherwise ° r wcre a * a ^ material whether his grace pronounced the conti- nuation from a separate paper or from the form written in the register ; or yet whether the prolocutor's intimation to the clergy be upon notice by the schedule, or by any other au- thentic conveyance of his grace's act. I only proposed, accord- ing to my method in explaining the other heads, to lay before the reader whatever the registers of convocation afford upon this. But in the disputes depending between the two bouses, the conveyance of this notice is no longer a question, since those of the lower clergy have receded from their independent power of adjourning to a day beyond that of the upper house. For as their owning an obligation to attend at his grace's time sup- poses a necessity of some kind of notice to what day and hour the continuation is made ; so, if that notice be but authentic, it is indifferent in what manner it comes. The heads The cpiestions therefore, in short, are these : I. What is it the°dispute archbishop or his commissary pronounces in the upper turns. house ? II. What is it that is thereupon intimated or signified 2 3 1 to the lower ? I. What is it that the archbishop or his commissary pro- nounces in the upper house ? Is it the continuation of the bishops and clergy, i. e. of the whole convocation 1 or is it the continuation of the upper house only ? Thebishops In the current style of these three entire registers of the fointij^con- u PP er h° use > the body continued is hnjusmodi convocatio sive tinued in sacra synodus provincialis. And as I may appeal to every hous" 1 ^" unprejudiced person whether he had ever any notion of these terms, than as including the prelates and clergy assembled in convocation, so for a proof that they have constantly the same sense in the acts of convocation, I may safely refer to almost every page of the registers, and to the account given from P. 44, 45. thence in a larger Vindication of the Archbishop's Eight. Not to mention, that this is the expression in several remaining schedules by which the convocation is continued upon the royal writ ; and in those cases the lower clergy are acknowledged on all hands to be certainly included. The sche- But, as I observed before, the registers only mention the dently com- continuations with reference to the schedule, from which the the right of continuing. 283 act is immediately pronounced, and the meaning and extent pretends thereof is by consequence to be taken. It is well known that shops and the schedules before 1666 were all consumed in the fire of cle rgy- London ; and the most early one that was thought to remain in the office when I published the Right of the Archbishop, is in the year ~i6jo. c An entire copy thereof is given in that P. 39- book ; and by it the president (without any mention of the ^3 2 consent of his brethren) continues praisentem sacram synodum sive convocations m prcelatorum et cleri, d to a certain day hour and place, all distinctly specified therein. evade the force of this, some frivolous objections were Right of raised at the first against the notary and the schedule; but p^o^'i. these have been already considered ; indeed, much more parti- cularly than they deserved. It has been further urged, that from the year 1673, the remaining schedules usually run in a different style, J\ T os, §'c. Right, &c. continuamus hujusmodi convocationem sive sacram synodum^' 44 ' 45 ' provincialem. But suppose these terms not to include the lower clergy so effectually as those of the schedules in ] 670, The clause &c. (which yet we have proved they do,) the most early sche- c / er i, a ge- dules must certainly have a better title to be thought the true n ™? e I,a , rt •> ft of the sche- and genuine forms, than any of those that come after them. dule. But this cavil, if it were of any moment, is now sufficiently an- swered by many more schedules lately come to light, from the fire of London to 1670, fifty-three in number, and all in the same terms with those of 1670, &c. viz. prcesentem sacram synodum sive convocationem jiwlatoriim et cleri Cant. prov. This therefore being the genuine language of the archiepiscopal schedule, and the continuations of the lower clergy having by our concurrent registers been ever to the same time and place c " All these schedules of a more ancient date were consumed in the fire of London ; and the oldest now remaining is that of the bishop of Roches- ter, as commissary to archbishop Sheldon in the year 1670." — The Right of the Archbishop, Letter ii. p. 39. d " The clause ' Proelatorum et Cleri provincial Cantuariensis' was put in there by the mistake of Mr. Mundy, the drawer of the schedule, who ap- pears to have been a man utterly unacquainted with forms of that kind, and unable to word them skilfully." — The Right of the Archbishop, p. 40. The answer was, that many of the schedules were not written by Mr. Mundy. 284 Observations concerning with those of the upper house, let the common reason of man- kind judge how any scruple can remain whether the clergy have been always comprehended in the continuations above ? 233 The journals affording no direct testimonies of the trans- mU^on'of m i ss i° n °f * ne schedule to the lower clergy, this has lately the sche- been made another question. In answer to which, I have else- cimim- y * where shown more at large, that if the lower clergy be included this dis m * n con t mua ^ on above, as we have just now proved they pute. are, it matters not which way the notice thereof is conveyed, upon Uie so ^ on S as t ne conveyance is clear and authentic. 6 Exp. p. 19. However, 1. It is enough that the custom of sending down believe that ^ ne schedule is in possession ; having been constantly practised thesche- i n the convocation of 1689, without any scruple or opposition been ever from the lower clergy. And therefore, by all the rules of sent down. t lecid.iiig questions of this kind, we have a right to plead pos- session, and it lays on their side to prove the practice an inno- vation. But. 3. We urge, according to the foregoing account of the schedule and the rise thereof, that there could be no other end in changing the usual entry in the Register into a separate schedule, besides the transmission of it to some other place : observing withal, that in the convocation of York, where the bishops and clergy are continued in a body, the form is still read by the president out of the Journal itself. 3. That by the tenor of the schedule, it is the reading which effects the continuation ; and therefore the additional signing e "Let us suppose, much more than you contend for, that it was certain the schedule was never sent down before 1689; yet if it appears, ' that the inferior clergy are comprehended in the terms of the schedule ; that accordingly they are continued by the act in the upper house ; and that it is this act which the prolocutor intimates,' if, I say, all these appear, it makes no difference, as to his grace's authority and the extent of it, whe- ther the prolocutor be required to deliver this notice to the house out of a schedule sent down, or in pursuance of a direction from the archbishop immediately delivered to him. His grace, no doubt, may convey to the lower clergy the resolutions of himself and his suffragans in any way that shall be an authentic conveyance ; and such undoubtedly must the prolo- cutor's be, who is chosen by the clergy and solemnly confirmed by the archbishop and his brethren, to be entrusted with representations from both sides, and so to maintain a mutual correspondence between them." — Reflections upon An expedient, fyc. p. 19. the right of continuing. 285 must ho in order to make it an authentic act to some other body. Accordingly, in the province of York it is never signed, because the clergy being present, there is no occasion to send it down. [I am since assured that in York province the arch- bishop or his commissary always signs the instrument of conti- nuation after reading.] As to the attestation, there is this difference between the schedules before and after the year 1670, that those before are usually attested by the notary's adding the names of the 234 bishops present, as witnesses of the act ; whereas the following ones, when no bishops seem to have been present, are attested by the notary himself. 4. In the lower house book of 1588, sess. 21, the reader will find an intimation thus expressed, Dominus prolocutor verbo terms intimavit hujusmodi convocationem esse continuatam juzeta decretum dornini circlnepiscopi Cant. This unusual ad- dition of the words verbo tenus must imply that the usual way of intimating was from a written paper ; and having never seen or heard of any such paper nsed in continuations besides the archiepiscopal schedule, I must conclude, till some other paper be produced, that this expression is directly opposed to the intimations from the schedule, as the established way of conti- nuing the lower house at that time. Adding withal, that this transmission of it is no act of necessity on the archbishop's side (for his grace has a right either to send up for the prolocutor to receive the notice, or to send it down to the house by any other authentic hand, and both shall be equally binding with the schedule ;) but it was designed only for an ease to the pro- locutor, and a more sure conveyance to the inferior clergy. The schedule put into the prolocutor's hands*' is a legal no- Tlie P roI °' 1 1 0 cutor is f " The publishing signing and sending down the schedule are not intended immediately to put an end to the debates of the lower house. The clergy come thither in obedience to the preceding prorogation of the president, and are not discharged from their attendance before the legal notice of another prorogation to a further day. The prolocutor is the person by whom his grace conveys all his instructions and notices to the lower house; and accordingly the schedule signed and attested is put into his hands to be intimated to the house : but unless the president signify his pleasure at what time precisely they shall be discharged (which he is not supposed ordinarily to do) it is left to the judgment and discretion of the prolocutor, who is the moderator of their debates, on what part of the 28G Observations concerning judge of the tice of the act above, not to the house, but only to him who timating 11 " g ovcrns t ne debates there under the president, and is bound when the in this and all other cases to signify to the lower house the does' not* instructions and commands of the upper. The thing to be sig- mterpose. nified is the continuation of bishops and clergy, or of the whole 3«5 synod, pronounced in the upper house by the president, who has thereby, in strictness of law, a right to pixt an end to the See Right session in the lower house by an immediate intimation, if he p! 98 6 . A P see cailse t° require it of the prolocutor ; and it is this legal power which I assert in the larger Vindication of the Arch- bishop's Right, p. 98, &c. But since the president, uncapable in this separate state to moderate the debates of the whole synod, commits that care to the prolocutor in the lower house ; if the schedule be not accompanied with any particular direc- tion as to the time of breaking up, his grace is presumed to leave the person entrusted with moderating there to judge when the business of that day is over, and when by conse- quence the house shall have legal notice of the continuation. Nor can they who plead for a right in the clergy themselves to make this judgment show us that the consent or opinion of the clergy was ever asked or given, in order to this intimation, before the first convocation in 1701. The form The true form of this intimation can be nowhere learnt but to^tobe*" from thc lower house books of I 5 86 and I 5 88 ' wllieh 1 liave taken from often observed to be the only exact journals of that house now exar^jour- remaining, those of 1640, 1 661, &c. being only short minutes nals. 0 f what passed, in order to be afterwards reduced into acts by the addition of the usual forms and methods of proceeding. And when men openly decline to follow plain and distinct di- rections, and choose rather to be guided by some imperfect hints, it looks as if they neither cared nor intended to keep in the right way. 236 These two journals therefore are our proper guides in this The ordi- ma tter ; and if an established form were to be settled and nary phrase ought in agreed on, the most reasonable proposition would certainly be, the S esta- b " That I may conceal nothing (for a good cause needs no disguises) I shall here own to the reader what was the true occasion of employing the phrase ' quoad hanc domum' in the acts of 1586. The prolocutor was on that day, when we first meet with it there, put into the archbishop's com- mission for proroguing the upper house (in order, I suppose, to empower him to give oaths, as he did, at the trial of an election that day below) ; and therefore to distinguish the act of his proroguing the lower house from that of his assisting in the prorogation of the upper, the notary with great nicety expressed himself thus, ' dominus prolocutor continuavit convoca- tionem quoad hanc domum.' I do not take this account to be any ways 288 Observations concerning I hope, propose the use of an extraordinary form on ordinary occasions, or in any other circumstances than those from which it is known to have taken its rise ; especially when the declar- ing by intimation (which appears to have been the common and ordinary form) is so apposite in all respects to the design and nature of that business. For, II. The thing to be declared by the prolocutor to the lower Right of clergy, is the act of continuation pronounced in the upper the Abp. ] 10US0 . anc i i ias b een elsewhere shown at large that the term p. 59, &c. _ _ & ii)tim((vit, h as well in its natural notion as in convocation lan- guage, properly signifies a conveyance of the knowledge or notice of a thing from one body or person to another, as this of the prolocutor is from the upper house to the lower. The prolo- It was warmly pleaded at the beginning, that the prolo- mationre- I " cu * or ' s hitimation had immediate reference to an act or vote fers not to of the lower house ; but that notion seems now to be deserted, of the both upon an evident absurdity of intimating to the house a house, but no tjce received directly from the house, and also the want of only to the * act of the proof, or even a colour thereof, that any such vote or consent, archbishop. Q f w ] 1 j c } 1 Sll pp 0 sed this to be the intimation, was ever passed or mentioned in the house antecedent to that act of the prolocutor. And yet the late form intimamus hanc convocationem, §"c. prejudicial to the present claim of the lower house; since it shews that the prolocutor, even when he was in commission for proroguing, and did actually prorogue the upper house (as we are sure he did in the fifth ses- sion), was yet obliged solemnly to prorogue the lower ; and consecpuently that the prorogation of the lower was not included in that of the upper, as the sheet pretends ; but that the prolocutor acted in these cases by two different authorities, in one as the archbishop's commissioner, in the other as the mouth of the lower assembly." — The Power of the Lower House, p. 7. col. 2. h "Their application of the word intimavit, as taken for the resolution of the lower house, is attended with one objection, which, I think, is gene- rally observed : that, whereas (according to the common notion of the word) intimation is meant of a thing unknown before to the person who receives it, here it is an acquainting the house with a consent or resolution which themselves had made immediately before. They direct the prolo- cutor what he shall say, and then he intimates it to those from whom he received his direction. In all cases where the vote or resolution of a body is to be declared by one, I take the word declaravit or pronuntiavit to be much more usual and exact." — The Right of the Archbishop, Letter ii. p. 59. the fight of continuing. 289 seems to have boon introduced to give the house a part at least in the authority of continuing ; because the prolocutor can have no such right, as the president exercises, to speak of him- self and his own act in the plural. If that be the intention of using it, as I see not what else can be meant, I must beg leave to think it an innovation highly prejudicial to the authority of his grace and the upper house ; till some footsteps can be shown of the consent or vote of the house, implied in that form, or at least the form itself can be justified by precedent : for as to the intimations in 1586 and 1588, it is evident enough that they were the sole act of the prolocutor, Prolocutor intimavit hanc convocationem esse continuatam, prolocutor intimavit continuationem hujus convocationis, fyc. And it is no less plain, whatever hath been pretended to the The inti- contrary, that this act of the prolocutor was then understood at the to be purely an intimation of what was done in the upper command house, given in the lower by the command and authority of sklent.*"^ the president. To which purpose it is remarkable all along, and the reader himself will observe it, that the intimation is frequently made at the conclusion of other notices delivered by the prolocutor from the upper house. But in some places it is See anno expressly said to be done by the decree and command of the g^'o^and archbishop; and in others to be a direct and immediate notice '5 88 - sess - of the continuation pronounced above. So, anno 1588. sess. 2, Dominus episcopus London, fyc. continuavit, §*c. quam conti- nuationem dominus prolocutor intimavit omnibus prwsen- tibus. Add to these the instance of the archbishop's indispo- Anno 1588. sition, and the adjournment thereupon to Lambeth : the prolo- sess ' 8 ' cutor coming from the upper house, acquaints the clergy that the bishops had received notice of his grace's illness, ita quod non potest sine vitoz sum periculo hanc ecclesiaux collegiatam accedere. Et ideo intimavit quod consessus hujus domus continuatur usque inter horas, fyc. in palatio dicti reveren- dissimi patris, fyc. To the same purpose is that in 1588, sess. 6, where the prolocutor at his return from the upper house, significavit omnibus praisentibus. quod reverendi patres minime approbarunt quasdam ex clausulis, Sfc. Quodque lapsus temporis non pateretur in prozsenti ulteriorem tracta- tum sive dcliberationem de ea re; ideoque ulterius significavit continuationem hujus convocationis esse factam, fyc. GIBSON. u 290 Observations concerning After so many and plain testimonies I suppose it will be acknowledged that the intimation in those two journals was a notice of the continuations in the upper house, declared to the lower by the prolocutor, upon the command and authority of Reflex, on the president. And as to the question whether the lower Exp. p. 22. c j er gy jj e determined by such continuations, this resolves into their being included in the terms of them ; which I hope is already proved both here and elsewhere, to the full satisfaction of every impartial reader'. And! I appeal once more to the common reason of mankind, whether the prolocutor or actuary 240 of that time, supposing them, according to the new notion, to mean the continuation of the upper house only, would not at least have expressed the intimation in a more general way, convocationem esse continuatam, and have omitted the words which yet they all along express, hanc or hujusmodi ; which might indeed confine it to the continuation of the lower house, if the sense of the word convocatio would bear it, but can never imply the separate continuation of the upper. A formal It may be proper to observe here, from the journal of 1586, of*™* pro- * na * a f° rma l intimation by the prolocutor is not at all neces- locutor not S ary to continue the lower house. In the 5th, 8th, and 9th contfnue y sessions of the second meeting of that year the prolocutor was the lower absent, and the continuation must therefore be intimated by house. . 111 some other person coming from the upper house, who had knowledge of the day. For the journal having reckoned by > " The only question is about the extent of the intimation, whether it be according to the modern phrase that their lordships have adjourned themselves to such a time, or that the archbishop as president has conti- nued the convocation. And this latter, I think, is evident enough from the only light we have, the journals of 1586 and 1588, of which it is the ordinary language in this case ' Prolocutor intimavit hanc' or ' hujusmodi convocationem esse continuatam,' with the addition of the day and hour specified in the continuation above. For first, he intimates the thing done in the upper house, viz. that the convocation is continued ; and the term convocatio in all the registers constantly signifies the bishops and clergy, or, both houses : secondly, though we suppose (without any ground or colour from the registers) that the term convocatio were applicable to either house separately, yet if the prolocutor at that time had meant to intimate the continuation of the upper house only, he would at least have omitted the word hanc or hujusmodi (which rather determines it to the lower) and have expressed it in a more general way, ' intimavit convoca- tionem esse continuatam.' " — Reflections on An Expedient, p. 22. the right of continuing. 291 name all the lower house members who were present on those days, adds, Quibus intimation (and in one instance significa- tum) fuit hujusmodi convocationem esse continuandam, &c. The 6th session is yet more remarkable to this purpose. Then seven of the lower house appear, but no prolocutor, Et eo quod satis bene norunt hujusmodi convocationem esse continuatam in diem Veneris prox. &c. post aliqualem moram discesse- runt. Can any thing be clearer than that the members in all these instances took themselves to be comprehended in the continua- tion above, and absolutely determined by it ? As soon as they knew what had been, or was to be done in the upper house, they asked no more questions, but presently departed, and attended punctually according to the time and place appointed there : which attendance is said in the journal to be inter horas 241 prceassignatas ; and it is plain there was no other assignment of time but what his grace's commissary made. The continuations by the archbishop in the upper house, Continua- with a reservation of power to shorten or alter the time u P on shortened 6 notice to the bishops and clergy, are another evident testimony at pleasure that the clergy in those days were thought to be absolutely c i er gy to be concluded by his grace's act. For how could they be other- included, wise affected by the limitations of it, and think themselves under an obligation to comply therewith ? Many instances of this kind appear in the extracts out of the upper house regis- ters between the years 1532 and 1588, particularly enume- rated and applied in the Right of the Archbishop, &c. p. 48, 49 k . k " Prorogations have been often made by the archbishop with an express reservation of liberty to shorten the time, on condition that he gave notice to the members of the lower as well as the upper house : Anno 1532, sess. 10. ' Quo die continuavit rursus in diem Veneris, &c. casu quo interim episcopis praelatis prolocutori et clero intimatio in ea parte facta fuerit.' " So also in the year 1557, sess. 3, 8, 14, 16, and in 1553 and 1554. " In these instances the archbishop and his commissary prorogue the convocation with a liberty reserved to themselves of summoning the bishops and clergy to a shorter day, if they find it necessary or conve- nient. Now if the lower clergy were not included in such prorogations, what right had the archbishop to suppose them under an obligation to obey, in case he thought fit to contract and shorten the time ? Or how came they to think themselves bound to answer that shorter summons, U 2 292 Observations concerning To which place I refer the reader, intending to confine myself as much as may be to such observations as arise from the acts of the five foregoing convocations. The presi- Upon one head only, the president's right to continue the to continue inferior clergy in the upper house, I have before brought testi- the clergy monies from other journals also, because the rio;ht has been so in the up- . J . 6 per house, lately questioned, and the exercise of it so freely censured as new and unprecedented. It is acknowledged on all hands that while the bishops and clergy remained together they were jointly continued by an Rights, &c. act of the president. Doctor Atterbury 1 confesses that he ed 4 ^ preserved this power [of adjourning the inferior clergy] after they were separated : and it has since been abundantly proved that they are included as much as ever in the continuation 242 above. They were therefore, after the separation, equally affected by the president's act ; and it made no difference whether it was declared to them immediately by his grace, or by any other hand legally empowered to report the commands and directions of the upper house. And since it had the self- same effect when notified by such a hand, and so the attend- ance of the whole body of the clergy was an unnecessary trouble 111 , therefore the intimation thereof by the prolocutor but that they knew they were included in the archbishop's prorogation, and by consequence obliged to comply with the express limitations of it ?" — The Right of the Archbishop, Letter ii. p. 47. 1 " They had more leisure for it than those of the upper house, who were called upon often to attend the parliament, and were forced to ad- journ often for that reason ; the inferior clergy continuing to sit all that while and do business. And when they adjourned it was sometimes their own act, but oftener at the command of the archbishop. This power be- longed to him acourse when the two houses were united, and he pre- served it after they were separated." — The Rights, Powers, SfC, p. 492. ed. 2. m " The president has an undoubted right to require the presence of the lower clergy in the upper house whenever he sees cause ; but because that would be an unnecessary trouble, and his grace is not ordinarily supposed to intend the immediate separation of the lower house, therefore the act by which the prelates and clergy are continued is published above, and notice thereof transmitted to the clergy. In order to bind and oblige them, it is absolutely necessary that they have notice of the act above; but when an authentic notice is transmitted, that makes their obligation to obey it as effectual as if they had been present. For it would be strange the riglit of continuing. 293 became the ordinary method. But will any man say that the president by this indulgence to the inferior clergy (I mean an exemption from constantly coming up) could ever intend to preclude his right of reqmring their personal attendance as oft as he saw occasion ? Being only a matter of form, and done also as effectually by intimation, and the president intending ordinarily that the lower clergy should not be obliged to break up till they could finish their debates ; on these accounts that right may have been seldom exercised, but yet not wholly disused, as appears from the foregoing instances, and would probably be seen in many more, if our accounts of convocation since the bishops and clergy debated apart, were not so very imperfect. But the late instance complained of is not only to be justi- fied, as that power is legally vested in the president, but also as the exercise of it in those circumstances was indeed the effect of necessity. The prolocutor being indisposed had made a substitution to another, who took the chair without the con- firmation of the president and bishops : this was opposed by several of the members as irregular, and as such was repre- sented to the upper house, who were of the same opinion, but 243 resolved however to take the matter into consideration against the next meeting. At the best therefore it was doubtful whether any one was legally substituted to exercise the office of a prolocutor : but, which is more, the intimation of the act of continuing is a referendary act, a report from their lord- ships to the lower house, and they who contended the most zealously for his taking the chair, declared it to be their inten- tion that he should not act in any instance as a referendary till he had been confirmed by their lordships. To argue upon their own principles, I only suppose this distinction between a prolocutor and a referendary ; but no such appears in the registers, which style him not only prolocutor et referenda- rius, but prolocutor sive refer endarius, implying the names to be of the same import in the language of convocation. But doctrine in all other public proceedings as well as this, that an authorita- tive act or order, however published or pronounced, can include, oblige, or determine none but the persons present ; and that an authentic notice thereof is not an equal obligation upon any absent parties comprehended in the tenor of it." — The Schedule Reviewed, p. 44. 294 Observations concerning this will be explained more largely under another head. At present I will pursue my observations upon the general right of continuing from the five journals which are here made public. The phrase The only colour that can be drawn from these of a separate C qwTdiianc P ower °f continuation in the lower house, is the phrase of some domum no continuations in 1586, prolocutor continuavit quoad hanc do- forasepa- 5 >"<>»- But here no act or power is expressed besides that of rate power the prolocutor, and they who are so earnest for an inherent m the low- • , , , „ er house, power in the house, are yet as zealous as we against all pre- tences to a personal authority in the prolocutor. The question therefore is, by whose authority he must be 244 supposed to continue in those cases ? by that of his grace or of the lower house ? He had certainly notice of the continuations in the upper house, because these in the lower are declared to the same time. And the advocates for this inherent right are at last brought to acknowledge an obligation to attend on his grace's day, and by consequence the necessity of having an authentic notice thereof. The prolocutor is also known by his office to be the referendary or reporter of all messages from the upper house, and I think sufficiently proved in the 4th chapter of this book to moderate the debates of the lower in his grace's stead. These are natural reasons why continuations, expressed in such general terms, should be the pure effects of the president's authority 11 ; but as to the vote, act, or consent of the lower house, there is no mark or footstep of it either in these or any other separate continuations. The phrase itself, not to be met with elsewhere in all our journals of convocation, was introduced by the prolocutor's being put into the president's commission to prorogue. This n " The question is not whether the archbishop may advise with the clergy about the time of their next meeting. This 110 doubt he has a right to do, as oft as he sees occasion ; and we shall shew anon, that there might be very good reasons why in these three or four instances he should not only ad vise with them, but also ground his continuations upon that advice and concurrence. But the present question is, whether these few instances are as good an argument for a right in the clergy to consent to continuations in general, as five hundred others in which the clergy appear not directly or indirectly to have had any part, are a proof of the archbishop's right to fix the time of the next meeting, and to continue the convocation, without their consent." — The Schedule Reviewed, p. 34. the right of continuing. 295 obliged him to pronounce the continuation in the upper house, at least to bear a part in it ; and coining from thence to give notice to the lower, the actuary's use of the ordinary style intimavit would not have been so consistent with the meaning thereof in convocation language. But while he considered him not only as prolocutor, but as commissary to the president, it was natural to change intimavit, a ministerial word, into terms that might better express the authority he then had as commis- sary to his grace. To this I will add a short but clear reply to another sugges- 245 tion why the lower clergy are not comprehended in the terms J he P liras0 . .... ,. , m parha- 01 the archbishop s continuations : it is, that 111 parliament the ment dom. adjournments of the house of peers are entered dominus can-"? 710, con ~ J r tin. prawns cellarius continuavit prcesens parliamentum ; and yet the -Ad pari, no of the chancellor adjourns the lords only. for thTlow- But the distinctions in this case between the two houses of « house, parliament and convocation are too remarkable to leave room Right of the for such a parallel. 1. There is no original subordination 4 Jcnbl " 1 0 shop, between the constituent members of the two houses of par- p. 43, 44 liament, nor any relation but what arises purely from the usage and constitution of the kingdom : but in the two houses of convocation, as the bishops make the upper and presbyters the lower, a subordination is established in the lower by apo- stolical institution, and, in conformity thereto, by the constitu- tion of this national church : and so every step made by pres- byters towards a coordinate or independent power is a propor- tionable deviation in the constitution of our church from the pattern of the purest ages. For 2. the adjournment of the house of peers is pronounced by one who has no authority over the commons, nor any concern even among the lords besides that of moderating, except he be a peer of the realm, and in right of his peerage have a title to vote, &c. But in convocation the continuation is pronounced by the metropolitan of the whole province, and the president of the whole convocation ; who advising with his brethren the bishops directs the business of convocation, and is at the head of pro- ceedings in both houses, nay, which is more, has a final nega- 246 tive upon them, and by his concurrence gives the sanction to their acts in all matters to the framing and promulging whereof the royal license and authority are not necessary in law. 296 Observations concerning 3. That act of the lord chancellor in the house of peers is plainly ministerial, or the effect of an immediate direction from the house ; but his grace's in convocation is authoritative, nos continuamus. in virtue of a power belonging to him as presi- dent of the whole body. 4. The terms of the two continuations or adjournments are widely different. In the house of lords it is the prcesens parliamentum which the lord chancellor adjourns by word of mouth ; and it is no extraordinary thing to find the word parliamentum signifying one house, when the standing clerk thereof is styled clericus parliamentorum. But the archbishop in a formal instrument continues pr&sen- tem sacram synodum sive convocationem prozlatorum et cleri Cantuariensis provincial, where the parties thereby continued, the bishops and clergy, are directly expressed ; nor is the register of the upper house, though acting by a deputy in the lower also, ever termed registrarius convocationum, or the word convocatio, much less convocatio proilatorum et cleri, ever applied to one house separately. 5. Though those expres- sions were used on any other occasions, which they are not, to signify the upper house only, yet the known effect they have always had in this case of continuation, would necessarily ex- tend them to the lower as well as upper house. For whereas the adjournment in the house of lords is never notified to the 247 commons, who equally govern their own times of meeting and sitting, and so no concurrence as to time appears in the ses- sions of the two houses of parliament ; in convocation the lower house has express and authentic notice of the act in the upper, and so the clergy, according to all the concun'ent books of the two houses, have ever met again at the time and place specified in the act above. I know no way to determine the strict and legal meaning of words in any case but by the known and ordinary acceptation of them in general, and the effect or operation they have, and ever had, in particular cases that may fall under my consider- ation. In this, therefore, I refer myself to the judgment of any impartial man : suppose, that by our constitution the house of commons in their proceedings were bound to receive and follow the directions of the peers ; that both these houses sat and acted under one common president, the lord chancellor or keeper ; that all the adjournments were solemnly pronounced the right of continuing. 297 by him in his own name, and in terms directly expressing the whole parliament, nay, specifying the lords and commons ; that an authentic notice hereof were immediately transmitted to the house of commons ; that, in fact, according to all the contem- porary journals, it appeared that the adjournments below had been to the same day, hour, and place with those above ; under these circumstances, I say, (for in convocation this is the case,) could it be a doubt with any unprejudiced man, whether that constant adjournment of the commons from and to the same time with the lords could spring from any cause but the sending down a constant notice of the adjournment above, and a perpetual persuasion among the commons that 248 they were included in that adjournment, and absolutely deter- mined by it ? As therefore this concurrence of sessions in the upper and The neces- lower house is an undeniable proof that authentic notice of the ^ting up- president's act has been ever conveyed to the inferior clergy, on thafc . ' ... . the lower so the form of that continuation in the schedule and journals clergy are proves the whole convocation to have been always included in > nclude d m 1 " , the conti- the act. And whoever reflects upon the consecpiences of their nuation not being included will agree with me that it is highly ncces- above> sary his grace should insist on it at this juncture, when the terms of the schedule have been so publicly pretended to com- prehend the upper house only, and the intimation is reduced to a bare notice of the day and hour to which their lordships have adjourned themselves, without any authority that shall bind or affect the inferior clergy. Add to this, the asking the express consent of the house, and the intimating out of a writ- ten paper of their own, both of them without precedent, and both intended for a more open and public declaration that it is an act of their own, upon an inherent power in the house : a A separate principle evidently introducing a separation of the synod, both ^n^^ng as to bishops and clergy, and of the clergy among themselves, in the lower when discontents happen to arise among the presbyters, or a°way°to enS designs against episcopacy shall be set afoot. For if they be jfj/gj^ 1 f not included in the continuation above, it is wholly at their own the synod, pleasure whether they will attend at the next meeting of their lordships : the president can have no right in law to oblige them to attend, or to punish them for nonattendance, which, upon that supposition of their adjourning themselves, is no dis- 249 298 Observations concerning obedience to any command of his grace, or contempt of his authority. The present presbyters of our church may pro- bably be content to observe their lordships' days. But I think wise men, in the settlement of all constitutions, are wont to look a little beyond the present time : and should the inferior clergy of the next age be disposed to take all advantages which these principles of their predecessors (supposing them to be now established) would give, I see not what fence the church or bishops will have against a presbyterian assembly. The same principle opens a ready way to divisions among the inferior clergy themselves : suppose, for the purpose, that any number of the lower house members should dislike the proceedings, and refuse to attend in pursuance of the separate adjournment of the majority ; neither the house, not the prolo- cutor have a right in law temporal or ecclesiastical to oblige Reflect, on them to it. " The effect whereof, as hath been observed else- Exped. p. w jj erej jg a sess i on) under the name of a synodical meeting, protested against by the archbishop, bishops, and any number of the inferior clergy under the majority ; and, which is yet worse, no provision made by the laws, either of church or state, to reunite even the clergy themselves. The archbishop, who summons the clergy, hath also a right to enforce then* attendance according to the continuations that shall be made in the upper house ; which is a coherent scheme of govern- ment, and will perpetually secure the unity of the synod. The 350 presbyterian assemblies also are at least thus far regular, that the assembly which adjourns is supposed by them to have a power of proceeding to censures in case of non-attendance. But the present claim of separate adjournments made by epi- scopal divines under the persuasion of a want of power to enforce attendance, is, in my apprehension, a very inconsistent scheme, and has a direct tendency to perpetual distractions and divisions, both between the bishops and their clergy, and among the clergy themselves. A separate I will add, that if this principle, I mean a right in the clergy away alfthe to adjourn, though they have no power to enforce attendance, means of were true, it would not only break the union of the synod, but the^yncfd. take away all the means of re-uniting it. The president has the power of censures, but he cannot inflict them for non- attendance, upon persons not enjoined upon his authority to the right o f continuing. 299 attend : the lower house by this principle are supposed to have the right of enjoining their members to attend, but then they have no authority in case of non-attendance to censure and punish. This scheme therefore is a very unworthy reflection upon the wisdom of our constitution : it supposes a power lodged in the governors of our church over the inferior mem- bers thereof, for the preservation of peace and union ; and yet that the inferior members are exempted from that power : it supposes also an easy way left open for factious spirits to destroy the union, and by degrees the being, of our episcopal church, without any provision made to repair the breach, and restore that union : that is, it makes our constitution an inco- herent and ineffectual scheme of government, below the wisdom 251 even of human policy, and much more unbecoming the dignity of an apostolical institution. These principles, you observe, make all attendance, whether on his grace's days or their own, a mere voluntary act of every particular member of the lower house ; there being no coercive power to reach or censure them for non-attendance. The majority in the last and present convocations have not yet exerted the right which their principles would give, of denying attendance when the upper house met ; but they have held several intermediate sessions without their metropolitan and Interme- bishops ; a short state whereof I will give the reader out of a ^ es " late letter to the author of the Expedient proposed : " You great irre- say, p. 15. c. 2. that you have precedents for meeting on inter- fJuftnis- mediate days, and threaten to exert that power, except the ^ e r f ^° our upper house will submit to your method of continuing. But is R e fl ec t. on it a fair part in you, to leave your reader to imagine, that such Ex ped. p. meetings, as a house, are warranted by a number of unex- ceptionable precedents, when you know in your conscience that no more than two can be fairly pretended, and that the inva-" lidity of these two has been shewn at large ? The first, that of May 9, 1640, as you very well know, happened at a time when neither bishops nor clergy were sure of their being a legal convocation, and will equally justify the clergy's adjourning to a day beyond the appointment of the upper house ; which yet is a practice disowned by the advocates for intermediate ses- sions. When the second adjournment of tins kind happened, 252 the archbishop was in custody, and the bishops, justly appro- 300 Observations concerning hensive of danger amidst the popular prejudices of those times against their order, could not think it safe to come toge- ther, nor had they met in convocation some weeks before. These, together with the want of authority in the minutes, and some other exceptions, have been urged so largely already 0 , that I am ashamed to see one, who could not but know all this, insisting upon them, without any attempt to remove the objections; and also referring to these two in such general terms as may lead the reader into a belief of many more. " There is another objection, and that a very material one, equally concluding against these two precedents, viz. that no business appears to have been done on either of the days to which the adjournments were made, when yet the preparation of business is the only pretence upon which the claim of inter- mediate days is advanced. If therefore men were serious in their inquiries about the usage of former times in order to make it a rule to their present practice, they would consider how the sessions of the lower house have stood with regard to those of the upper at times when business of moment was depending in convocation ; because then, we may suppose, the clergy would have exerted this power, if they had thought themselves pos- sessed of it. 2 53 " Now this notice is not to be had but from concurrent of h former y j ourna l s °f the two houses, the first of which are in the years times did 1586 and 1588, when we have no more than extracts out of of interme- the registers of the upper house ; but all the sessions that are sions S6S " ex P resse( l> above twenty in number, concur exactly with those of the lower house, without any appearance of intermediate meetings. " The next concurrent books that remain are those in the two convocations of 1640, the minutes whereof express the days of several of the sessions, and they all appear to answer the continuations of the upper house, except only the two we just now mentioned, which are so fully and particularly ac- counted for elsewhere. " The compilers of the late Narrative, p. 37, speaking of the two instances in 1640, add, ' We may fairly presume we might have found more in other convocations, if the books of both 0 Right of the Archbishop, Letter ii. p. 95, &c. the right of continuing. 301 houses had been extant to have been compared.' Two in- stances, so exceptionable and under such singular circum- stances, could be no fair ground for such a presumption : but if intermediate meetings were any where to be expected, no time so likely as in the convocation which begun May the 8th, 1661, the first after the restoration; for in that the whole Common Prayer was revised, several prayers and services added, many canons and constitutions compiled, and other matters of great importance transacted. In all this work the clergy under the direction of the archbishop and bishops had their constant share, as appears distinctly from the original register of the upper house, from May 8, 1661, to Sept. 19, 1666, which has been all along thought to be lost, but by great 254 providence was lately retrieved. " The constant style of continuations in this register is the same with that of 1640. — Dominus, Sec. de et cum consensu confratrum suorum, continuavit et prorogavit hujusmodi con- vocationem sive sacram synodum provincialem. The book contains above 140 sessions ; and all that while the sessions of the lower house are distinctly set down in Mr. Mundy's minutes. I have made an exact comparison of them, and find not the least footstep of an intermediate meeting ; though both the nature and the length of the business before them would have prompted them at that time, more than any other, to hold intermediate sessions, had they dreamt of such an inherent power of adjourning as some of their successors have lately taken up." And yet in the last convocation several of these interme- diate sessions were held by the majority of the lower house, with all the appearance of sy nodical meetings P. Suppose then p " The things which the upper house found themselves obliged to op- pose as encroachments upon the rights of the metropolitan and the order of episcopacy, were the claims of a power in the lower house — 1. To adjourn themselves to a further day by the sole act and authority of their own house, with an admonition thereupon to their members to attend. 2. To hold a session on that day, and to enter it as such in the acts of the house, under all the appearances of a synodical session. 3. To come to final resolutions on such days as a house, or the repre- sentatives of the whole clergy of the province My meaning is, that though any number of the convocation clergy 302 Observations concerning that the members of some presbyterian assembly, taking the advantage of one of those sessions, had entered their claim of alliance to that majority of the lower house as meeting, sitting, acting, and departing, upon the sole authority of presbyters, without any appearance of a superior order ; I fear they would hardly have been driven from their claim, except the lower house members could have pleaded that they met there by the authority, or at least the permission, of their metropolitan and 255 bishops ; and yet these their ecclesiastical superiors, it is well known, had publicly declared against such intermediate ses- sions, and against all the business transacted in them, as un- synodical. Though therefore an inherent power of continuing, with a right thereupon to hold intermediate sessions, had some coun- may agree to meet and confer and prepare matters, such matters cannot be passed into an act of the house but at a meeting pursuant to the prorogation of the president. For all other meetings are purely- voluntary, the effects only of a mutual agreement, and not of duty and obedience. The clergy who have notice may come if they please; but if they do not, no part of their duty is thereby omitted. Nothing therefore can secure the joint attendance of the whole clergy, and so make them a body with sufficient power to declare the sense of their brethren, but the archiepiscopal prorogation, which is an authoritative admonition to be present These, I conceive, are the main reasons which induced the president and bishops to oppose the late practice of some of the lower clergy in this matter of adjournments to intermediate days ; both because it cannot be done but by presbyters ex- ercising authority over presbyters, and by assuming to themselves a coercive power over their brethren, and so invading the rights of episcopacy ; and because the registers afford no authentic proofs that it was ever once prac- tised by the clergy of former times. The first gives all the friends of episcopacy great reason to wish that it were not the practice of Convoca- tion; the second assures them that it is not." — The Schedule Reviewed, pp. 24. 26. 27. " Between the synodical sessions all the members, or any number of them, may agree to meet when and where they please for the preparation of business, and repeat their meetings as often as that business requires. This they have commonly done, and may do it whenever they see occa- sion. But what is that to the holding of intermediate sessions by author- ity of the house as such, and admonishing the members to attend, and then entering it in all respects as a synodical session, and coming to final resolutions as a constituent part of an English Convocation : and all this without the presidency of the metropolitan, and a concurrent session of the suffragan bishops ?" — The pretended Independence, SfC. p. 23. the right of continuing. 303 tenance from the practice of former convocations, as we see they have none ; yet it could be no decent part in episcopal divines to contend with all this zeal for privileges so favourable to the measures of presbytery. And I hope before the major- ity of the present lower house resume these claims and return to the like practices, they will consider how little warrant they have from antecedent practice, and how mischievous they are in the consequences to our episcopal constitution. 256 Observations touching the Right to determine Con- troverted Elections. Instancesof THE first instances we find of determining elections in con- ed elections voca tion are those two set down at large in the journal of 1586, occurring sess> o, 4, which need not therefore be transcribed in this place. in t lie re- maining Anno 1586. The elections of both the proctors for the diocese An 8 ' 1 -86 °^ -N° rw i c h happened to be controverted ; and being also dif- p.140. App. ferent choices in the two archdeaconries, they were thereupon two different cases. One was heard and determined by the archbishop in the upper house, the other by the prolocutor in the lower. 1. As to that in the lower house, we find, sess. 3, that the prolocutor ad veritatem in hac parte inquirendum juramento oneravit quosdam, 8fc. de modo observato antehac in Imjus- modi elections, fyc. Qui sic jurati dixerunt et deposuerunt prout sequitur, fyc. Then the prolocutor assignavit ma- gistro Knewstubbs ad proponendum causas quare Mr. D. Dey non admitteretur in caetum hujus domus in proxim. Sess. 4. D. Dey desires to be admitted, and his competitor shewing no reasonable cause why he should not, Dominus pro- locutor decrevit dictum rnagistrum Dey recipiendum fore in procuratorem ejusdem cleri et in costum hujus domus, eumque sic recepit. 257 2. Concerning the other election determined in the upper house, the index, the only account that remains of their lord- ships' proceeding's at that time, has this note under the session in which the prolocutor gave judgment. Nov. 11. ' Decided against Mr. Thorowgood for Mr. West in a cause of election to be clerks in convocation.' And we find in the lower house journal of the same day, that the prolocutor, having notice by the register of his grace's sentence for Mr. West against Mr. Thorowgood, intimavit hwc omnibus praisentibus, et mo- of determining elections. 305 wait eos ad recipiendum eundem magistrum West in cwturn hujus domus. Anno 1640, Nov. 11. The minutes of the lower house give An this account. Eodem die orta fuit contentio sive disputatio quoad electionem procuratorum cleri pro dioeces. Lincoln, et lecta prius ad audiend. eandern elegerunt tres deca- nos, tres procuratores p>ro capitulis, et tres procuratores pro dioeces. [all named ;] quibus commisserunt ad conveniend. prox. die 12 Nov. post meridiem in dicto loco inter horas secundum et quartam, fyc. The committee met accord- ingly, et post maturam deliberationem, 8fc. ordinavit ut sequitur, ' Whether proxies are lawful in the choice of proc- tors ; and if lawful, whether it doth avail non designatis per- sonis ; and for aught yet appears to the committee, the cus- tom observed in the diocese of Lincoln hath been, that proxies have prevailed. It is desired on both sides that their counsel may be heard in law.' The next session, Nov. 14, the upper house register says, Reverendissimus accersiri fecit dominium prolocutorem et sex alios domus inferioris. Quibus comparentibus, reverendissi- 2 mus eis significavit, quod ipse audivit esse quasdam discre- pantias inter quosdam clericos extra eorum electiones ; et voluit eos ut ipsi et alii dictai domus easdem examinarent et determinarent juxta juris exigentiam et consuetudines cujus- libet dioeceseos, donee aliter ordinatum fuerit. Whereupon they proceeded the same day to the business recommended by his grace, and the examinations and final decisions ran in the name of the house as commissioned for those purposes. Nov. i\. Domini continuarunt ulteriorem determinationem hujus materia} et statuerunt, ut partes hinc inde introdu- cerent eorum consilium. Nov. 21. Coram dominis prada- tis et cleris domus inferioris convocat. Sec. comparuerunt Mri. Hirst, Tuckney, et Palmer, fyc. in quorum praisentiis, post suffragia domus in ea parte fact., declararunt et ordinarunt, Sfc. Nov. 25. Domini consenserunt, eo quod Mr. Porter fuit absens, se nolle finem huic negotio imponere hoc die, sed declararunt se velle finale suum decretum interponere die sabbati prox. Domini unanimi consensu aquum censu- erunt, rebus sic stantibus, nihil statuendum aut agendum fore debere, fyc. Nov. 29. Suffragiis in ea parte promulgatis, GIBSOX. X i30G Observations touching the right (nempe 29 pro Mro. Thorowgood et 16 pro Mro. Porter, §°c.) dominus prolocutor de et cum consensu, Q'c. pronunciavit pro electione dicti magistri Thorowgood, et revocavit, fyc. Dec. 2. Dominus de et cum consensu, fyc. pronunciavit pro electione doctor is Sanderson et Hirst, $c. et admisit, fyc. Jan. 27. Upon a petition for a review of the election for the diocese of Lincoln, habita prius matura consider at ione con- 259 tentorium in petitione mentionat. Domini pra>lati dictas re- spective partes interrogarunt, §'c. [Whether they would finally acquiesce in the sentence upon that review ?] They agree to acquiesce; Unde domini ex causis et promissis predict, de- creverunt pro revisione et reexaminatione dicti negotii, et ad interponend. finale judicium in prox. 8[C. Feb. 3. And after this review, dicta domus ad eorum finale decretum pro- cessit ; and according to the majority upon a division then made, dominus prolocutor ratificavit et confirmavit electionem D. Sanderson et Hirst. 1689. Anno 1689, sess. 11. In the upper house book: Comparuit personaliter Johannes Caivley sacro3 theologian professor, archidiaconus (ut asseruit) archidiaconatus Lincoln, et in- troduxit et exhibuit supplicem libellum sive petitionem in scriptis concept. ; in qua querelatus est, quod licet se fuisse per 23 annos ac in priesenti esse archidiaconum archidiaco- natus Lincoln, ac per episcopos Lincoln, pro tempose existen. tanquam archidiaconum Lincoln, citat. ad comparend. in convocationibus : pra>missis tamen non obstantibus, reveren- dus pater ac dominus dominus Thomas, permissione divina Lincoln, episcopus, quendam Thomam Oldys in legibus bac- calaureum tanquam archidiaconum archidiaconatus Lincoln, citasse ad comparend. in hac convocatione sive sacra synodo provinciali in pray'udicium juris et tituli sui, et in hac con- vocatione nunc sedere. Quare humiliter pet i it jus et justitiam sibi in hac parte fieri et ministrari. Unde reverendus pater prazses antedictus, cum consensu confratrum suorum episco- porum predict., hanc petitionem recepit et legi mandavit : qua lecta, dictus reverendus pater prases antedictus mihi in 260 mandatis dedit, ad tradend. copiam ejusdem petitionis prai- fato magistro Oldys, ad eum informand. quod compareat die Veneris prox. cum responsis suis dictai petitioni in scriptis concept, et decreint ut dictus doctor Caivley tunc compareat. of determining di ctions. 307 Scss. 12. Venerabilis vir, Thomas Oldys clericus, archi- diaconus (ut asseruit) archidiaconatus Lincoln, comparuii, et dedit responsum suum in scriptis concept, petitioni sive sup- plici libello alias contra eum ultima sessione hujus convoca- tionis ex parte Jokannis Cawley sacra? theo. profess, asseren. se esse archidiaconum Lincoln, exhibit. Quod responsum, de mandato dicti reverendi patris prazsidis antedicti, fait per me notarium publicum antedictum publice ledum : quo lecto, et dicto magistro Oldys pro praisenti dismisso, dictus reve- rendus pater praises antedictus et caiteri episcopi super peti- tione et responsis prcedict. mature deliberarunt, et postea de- creverunt dictos doctorem Cawley et magistrum Oldys intro- mittend. fore. Quibus comparentibus, dictus reverendus pater pro?ses antedictus, cum consensu confratrum suorum episco- porum prcedict. eo quod eis constat duas sententias definitivas fuisse contra dictum doctorem Cawley in eodem latas, unam in alma curia Cant, de Arcubus, et alteram in suprema curia de/egatorum; et quod commissio pro revisione dicti negotii fuit per serenisshnos in Christo principes ac dom inos nostros dc- minos Willelmum et Mariam Dei gratia Aug lice, Scotice, Fran- ciaz et Hibernioz regem et reginam fidei defensores, fyc. ad peti- tionem dicti doctoris Cawley concessa, et quod idem negotium per judices revisionis non est adhuc decisum. dimisit dictum 261 magistrum Oldys ab omni ulterior i judicii observatione. The foregoing instances are all the light we have from our books touching the determination of controverted elections : and I observe from them, 1. That it is no part of the question, whether the metro- No ques- politan at the head of his suffragan bishops, have a right to jj° e " ^ h h e e " receive petitions touching controverted elections ? or, whether archbishop he may proceed to the examination and final decision of them to deter- 8 ' 1 * in the upper house ? The exercise of all these appears cvi- elec " dently in the instances of 1689, where we see a petition is offered, received and considered; and of 1586, where sentence is actually given by his grace. And what can be more reason- able, than that the archbishop who by his mandate orders the election of members, and has the returns of all elections made ultimately to him ; who also at the opening appoints his com- missioners to examine those returns, and din ing the convocation presides over the lower as well as the upper house ; what, I x 2 308 Observations touching the right say, can be more natural than that he should have a direct and immediate right to take cognizance how far such elections, with the returns thereupon, arc duly and regularly made ? But I could never learn how the lower house could have a power to interpose about returns, whether made unduly or not at all, otherwise than by petitioning the metropolitan, upon some extraordinary occasion, that he will please to demand or examine them, as of right to be made to him, and none else. 262 But in the acts of the last convocation, anno 1700, sess. 4, I The lower mK j aQ ms tanee of the lower house's taking cognizance of a house have n 0 no right to return, and that in a very singular manner : the words are Seinre- * nese : ' Proposition fuit per Guil. Bincks, S. T. P. fy-c. ad turns. effectum sequen. That whereas there hath been no return made from the chapter of Lichfield of a member to serve for them in this present convocation ; and whereas the said William Bincks being a member of that chapter, informed this house, that the effect of such return was occasioned by a dispute that happened before the said chapter, concerning the election of a proctor to represent them : that therefore this house would order a letter to be sent, signed by Mr. prolocutor in the name of this lower house, to the dean and chapter of the said cathedral church of Lichfield, desiring them forth- with to transmit the whole proceedings concerning the said election, under their common seal, to this house : cui consensum fuit: This so solemnly passed and entered thus circumstantially, may be a temptation to presbyters, if the same spirit should hereafter arise, to take the cognizance of returns, and thereby the jurisdiction over the members, out of the hands of the metropolitan. But care, I hope, will be taken to leave some public testimony of the offence it gave to his grace and the bishops, whose rights were jointly invaded by this act of the lower house. For it is very plain, both in law, reason, and practice, that the inquiry after such a return ought to have gone by the same course or channel through which the return itself, if made, was to have passed, viz. from the archbishop to the bishop, and from the bishop to the dean. 263 2. It is no part of the dispute, whether the metropolitan may enjoin the inferior clergy to examine and determine con- troverted elections. His grace's power to require their assist- o f determining elect ions. 309 ance, and their obligation to pursue his directions, are both sufficiently expressed in that remarkable instance from the second convocation of 1 640. 3. Nor can it be a question, whether his grace, having com- missioned the prolocutor or lower house to examine any doubtful election, may not take it out of their hands into his own immediate cognizance, if he see cause. This, I think, is a rule in most commissions ; and an express reservation to that purpose is made in this of 1640, empowering them to proceed donee aliter ordinatum fuerit. Thus the archbishop's right to determine controversies about elections is uncontested : but the question is, whether the right be solely in his grace, exclusive of the inferior clergy, or, whether the lower house have not a concurrent right 1 In behalf of a concurrent right two instances are pleaded. I. That of 1586, sess. 3, 4, where we find the prolocutor The argu- examining witnesses upon oath, appointing the parties a time ^"^rent of appearance, and then giving the final sentence or judgment. ri ght in the But we must observe, as to the point before us, considered. 1. That the upper house books of that time are not in being ; An - 'S 86 - nor can it possibly be known whether he had not such a com- mission from his grace, as we are sure was given afterwards to the prolocutor and lower house in 1640. Two elections of the 264 same diocese were determined the same day, one by the arch- bishop, the other by the prolocutor : and I think it is not likely that one of these appellants should make original appli- cation to the upper, and the other to the lower house ; but much more probable, that the petition in both cases was first offered to his grace, and that he divided the work of examining and determining, between himself in the upper, and the prolo- cutor in the lower house. 2. The prolocutor, we see, examines the witnesses upon oath ; and the very writer, who in all other respects is the main ad- vocate for the independence of the lower house, solves the pro- locutor's giving an oath, by an authority derived immediately from the archbishop. The words are these : 'The prolocutor Power of was on that day put into the archbishop's commission for pro- 110^"^ roguing the upper house, in order, I suppose, to empower him c - 2- to give oaths, as he did at the trial of an election that day 310 Observations touching the right P. 34. below.' I know the Narrative says, in the name of the majo- rity, ' That they are well assured that the prolocutor has this power by virtue of his office.' This is roundly spoken ; but to make others also assured, it had been kind to offer some rea- sons why the prolocutor of the spiritual commons is in this particular above the speaker of the commons temporal ? And such reasons had been the more necessary, when they took upon them to dissent from the express judgment of a writer, who understands the value of his own opinions too well to be easy under contradiction. 265 But leaving that point to be disputed between this author and the majority of the house ; the circumstance upon which I chiefly insist in this matter is, It was not 3. That those of the lower clergy contend not for this power but thiTpro- °f determining elections, as lodged in the prolocutor, but in lo £ ut ° r ) their house ; and not the least mention is made of the house or mined the any member of it in determining this election of 1586, but the election, proceeding and sentence run solely in the name of the prolo- cutor. The question therefore is, by whose authority was that sentence given ? It must be either from his grace or from the house. The Journal, though very exact and particular, makes not the least mention of the house's interposing ; which silence is the stronger argument that they had no right to interpose, (the matter in all appearance being committed to the prolo- cutor alone,) because in the other instances of 1640, when the prolocutor and lower clergy were all equally concerned, the whole proceeding was carried on in the name of the house ; Coram dominis prailatis et cleris comparuerunt ; domini, and domini prcelati interrogarunt, deter minationem continuarunt consenserunt, censuerunt rebus sic stantibus nihil statu- endum, 8fc. And when they came to sentence, Domus ad eorum finale decretum processit, and, Post sitffragia domus in ea parte fact, declararunt et ordidarunt suffragiis in ea parte promulgatis. dominus prolocutor, de et cum con- sensu, pronunciavit. Considering how distinctly the minutes of 1 640 express the part which the house had in these proceedings, I leave it to the 266 opinion of every reader, whether the complete journal of 1586 would not have left us some footsteps at least of the houses's concern at that time, either in the course of the proceeding, or of determining elections. 311 at least the final sentence, if the cause had not been committed to the sole examination and decision of the prolocutor. And if the power was solely in him, it can be no question, whether he derived from the house (who were present, and might as well have proceeded by their own immediate authority, if any such had been lodged in them) or from the archbishop, who could not be there in person, whose absence the prolocutor supplies in all other respects, and who was also hearing a like cause in the upper house at the same time. II. The other instance of a right in the lower house to The in- take cognizance of elections, concurrent with that of his st ™ ce ot _° _ 1 640 con- grace, is in some respects more full to their purpose than sidered. the foregoing testimony. In the year 1640, Nov. 11, the house appointed a committee upon a controverted election in Lincoln diocese ; which committee met Nov. 1 2, and yet the archbishop appears not to have interposed till Nov. 14, nay, the preface to the order he then gave, shews that to have been the first time of his interposing, Reverendissimus eis fiignificavit, quod ipse audivit esse quasdam discrepantias, fyc. As far then as a single instance can affect the rights of a judicial court, and alter the natural course of legal pro- ceedings, and establish a concurrent jurisdiction, so far is this instance before us a testimony of the lower house's right to inquire into the circumstances of doubtful elections. I say, to 267 inquire ; for this precedent goes no further than an inquiry ^ ^ M ^" about the custom of the diocese in their election of proctors ; inquiring, and a right founded upon a single precedent can never be extended beyond that precedent. It proceeds not to a formal examination of witnesses upon oath, and much less to a final judgment. These, and all the other marks of a judicial pro- ceeding, commence upon his grace's special order to the pro- locutor and house, at examinarent et determinarent juxta juris exigentiam, et consuetudines cujuslibet dioeceseos, donee aliter ordination fuer it. From which order, I think, these three things are fairly inferred : i . That if archbishop Laud had thought the lower house to have an inherent power of examining and deter- mining judicially, he would not have interposed in that matter, after they were actually entered upon their inquiries. 2. That 312 Observations touching the right, 8fc. if the clergy themselves had believed such a power to be lodged in their house, they would have declared against that interposition, as an invasion of their own inherent authority. 3. That in virtue of the reservation, donee aliter ordinatum fuerit, it still remained in his grace's power to revoke that order, and either to put a stop to the proceeding, or to remove it, as he should see cause, to his own immediate cognizance. III. An additional account of the substitution of a prolocutor. IN explaining the election and office of a prolocutor, ch. iv., 268 I took occasion to consider how far he had a right to make a substitution in cases of sickness or business. For though the speaker of the house of commons, as executing that office upon a royal confirmation, never pretended to depute another ; though also the confirmation of the archbishop and bishops be no less necessary, in order to execute the office of a prolocutor ; and though, lastly, it appear that applications for leave to sub- stitute in those cases have been actually made to the upper house ; yet against all these it had been confidently affirmed, that the deputations of this kind might be made without the Power of archbishop's consent or privity q; and the manner of making House.'p^. them is further urged, to give the prolocutor some such figure c - in the lower house, as the archbishop is known to have in the upper. That writer had concealed all the instances of applica- The late tion for leave made to the president and bishops ; but he * ub tion in 1701. 1 " When the prolocutor was by reason of sickness or business obliged to be absent, he deputed one to act for him in the lower house, even at such times when nothing more was to be done there besides bare adjourn- ing ; which shews that the act of continuing the lower house by itself was reckoned a matter of importance, since they thought it worth while to have sub-prolocutors made for that purpose alone. And these deputies, we may observe, adjourned in the prolocutor's name, not in the archbishop's. Thus 23 Nov. 1586. ' Decanus Lichfield nomine domini prolocutoris in- timavit,' &c. And again, Dec. 2, 1586. ' Decanus Westminster nomine prolocutoris continuavit hujusmodi convocationem quoad hanc domum.' " The deputations of this kind were made with great solemnity before a public notary, either to a single person, or to several, conjunctim et divisim, in the very manner that the archbishop sometimes empowered others to preside for him : and which peculiarly deserves our notice, they were made without the archbishop's consent or privity, as we may certainly con- clude from the minutes of the lower house in 1640, compared with the register of the upper." — The Power of the Lower House, p. 9. col. 1. 314 Observations on the right was afterwards put in mind of them by the author of the P. 66, 67. Right of the Archbishop. Very lately, a substitution being made by the prolocutor upon the authority of a precedent V. sup. (already considered) in the year 1 640, the person so deputed p ' ' 269 was actually put into the chair without the approbation or knowledge of the archbishop and bishops. Theac- To justify the proceedings of the majority in this and some ina'paper °ther particulars, a paper came out marked numb. 1. in the marked wav 0 f a news-letter r ; and in truth much of the same authority both in the relation of facts and the reasonings upon them, with the flying intelligence of other kinds. Only there is this difference in the case of our ecclesiastical news-writer and his brother intelligencers, their imperfect representations are usually the effects of ignorance and haste, but his savours too much of partiality and design. God knows it is a sad omen to our poor church that any of her own ministers can thus triumph in her misfortunes, and comply with such mean methods to proclaim her breaches, and make her the public scorn of her enemies. For the sake of our church and religion, may the author of these methods be once brought to such a spirit and temper as shall at least oblige him to common decency, or however restrain him from such open and virulent abuses of his ecclesiastical governors. Orders He seems to have overcome the obligations of duty, but may convocation remem ber that in some former convocations particular orders against the have been made against revealing the debates, even in dis- of debates' 1 course, till finished ; and that upon penalties which he is taking while de- great pains to deserve. pending. . n j- • Anno 1529, sess. 3. Reverendissimus moniat omnes sub poena excommunicationis, ne aliquis revelet extra domum ali- quibus personis cujuscunque status, nisi inter semetipsos. 270 Anno 1529, sess. 19. Reverendissimus omnes et singulos admonicit ne quicquam revelent de hujusmodi communica- tione. Anno 1529, sess. 20. Episcopus London, commissarius, fyc. monuit omnes ne quicquam revelarent ibi dictum vel recita- tion, sub pozna excommunicationis latee sententioz. r " A faithful account of some transactions in the three last sessions of the present convocation. In a letter to a friend." — [By Dr. Atterbury] (Bodl. Art. 4to. T. 19.) of Substituting a prolocutor. 315 Anno 1541, sess. 8. Accessit prolocutor cum quibusdam de electis a clero, et exposuerunt querelas suas, fyc. ubi reveren- dissimus prcecepit tie quid effutirent de rebus ijisis expo- sitis. Anno 1 557. The archbishop having explained to the bishops and clergy the causes of the convocation, viz. the reformation of abuses in the church, &c. enjoins them to consider of proper methods, et quid sibi videatur, voluit eos sibi servare. Anno 1588, sess. 4. The prolocutor, having been in the upper house to receive directions about the subsidy, which was afterwards considered and debated below, monuit omnes prce- sentes ne publice revelarent tractata et gesta isto die. Anno 1640, sess. 5. Apr. 25. Et ulterius, pro meliori expe- ditions negotiorurn hujus sacrce synodi, idem reverendissimus, cum consensu et assensu eorundem confratrum suormn, ordi- ndvit, quod nullus episcopus out aliquis e clero copiam cano- nis aut partis canonis proposituri et tractaturi exscribere aut de aliquo hujusmodi canone foras fabulare pra'sumpserit, donee hac convocatione sive sacra synodo plenarie et finaliter assensum et sacra regia majestate approbat. erit, sub pozna suspensionis cujuslibet e clero per tres menses, et synodicai monitionis pro quolibet prcelato qui ita peccaverit, prout in 271 actu synodico sequen. continetur, viz. 8fc. Dominus prolo- cutor venit cum 5 aliis e domo inferiori ; et eis declaravit istum actum synodicum prozceden. et voluit eundem dominum prolocutorern ad declarand. istum actum toto coetui dictoe, domus. Mox revertebat, et dixit se et totum coztum domus inferioris consensum et assensum suos confectioni dicti actus synodici adhibuisse et eundem unanimiter approbasse. The convocations in which those strict provisions for secresy were made, would without doubt have animadverted severely upon such a shameful method of sending the debates, I am sorry to say the divisions, session by session into all parts of the kingdom. But after a general request to this writer, that in the manner of venting his resentments he will at least have a greater regard to the honour of our church, I will consider the matter of his paper so far as it concerns the substitution of a prolocutor, and affects the account I have given of this point. His insincerity in the other parts of that relation has been already laid open ; and this about substitutions, as de- 316 Observations on the right pending upon the registers of convocation, is the only head that falls under my consideration. Reasons In the fourth chapter, p. 74, I infer a necessity that the sub- prolocutor" ^'tnte be admitted and confirmed by the upper house, because ought to be without this lie is not the person agreed on between the bi- in the up- shops and clergy for the mutual conveyance of their messages ; per house. nor can their lordships receive any thing from him as the sense of the inferior clergy, and much less return their own pleasure 272 by him. Add to this, that at the opening of convocation, and in the middle upon death or promotion, the clergy cannot pro- ceed to an election without his grace's leave ; nor was he ever thought to be qualified for the exercise of any part of the office before confirmation. He blames me for a further observation to the same purpose, (Right of the Archbishop, p. 67,) 'that neither the speaker of the house of commons, nor the house itself, have the power to substitute a speaker s .' But however I had declared all along against inferring an independence of the lower house from the independence of the commons, it was, I hope, no unseasonable suggestion to those who so much desire to make the proceedings in parliament their rule, that in this point of substitutions they go beyond their rule. It is true the dignitaries of the lower house have a personal right to be sum- moned, and as such are capable of appearing by proxy, but cannot actually appear so without the consent and approbation of the president. Nor is it at all to the purpose to talk of the ordinary substitutions of proxies, unless that power inferred an absolute and immediate right to substitute a prolocutor or See chap. 3. speaker ; which he must needs know to be otherwise in the house of peers, where the nobility substitute their proxies, but not a speaker. Instances These considerations from the reason of the thing and the tutions by na t ure of the office are confirmed, p. 75, by instances of appli- cation to the upper house upon the substitution of a prolocutor s " Upon the promotion of a prolocutor the lower clergy cannot proceed to a new choice till they receive directions from the archbishop; nor, which comes nearer to the present purpose, has the speaker of the house of commons, upon business or indisposition, or even the house itself, a power of deputing another for the time ; though they act in a much more independent state than the inferior clergy in convocation." — Right of the Archbishop, Letter ii. p. 67. of substituting a prolocutor. 317 for the lower. The first, that of archdeacon Wolman, is too authority of express to be evaded. Anno 1533, sess. 3, in the upper house h^"/^ book, Ibidem dominus prolocutor D. Wolman affirmavit funded a- • y -ir n .gainst the o&grotwm esse, et petut lit durante injirmitate ejus, Mr. rox SMate paper, vellet adesse, vel Mr. D. Bell exerceret oMcium siium ; et con- numb - cessum est. And this instance is made more full aud clear by /J the additional remark he brings out of some other extracts, which are yet concealed. Another extract from the same llegister, says he, p. 8, gives this further account of it. — " Which done, the prolocutor, being sick, desired that Mr. Fox, archdeacon of Leicester, and Mr. Bell, archdeacon of Glocester, might be substituted in his place. Ad cujus petitionem, dictus dominus prcesidens, cum consensu dominorum episcoporum, et pro?latorum, et cleri, tunc prcesentium, licentiavit dictum Hi. Wolmannum abesse pro tempore infirmitatis suce t ." I know not certainly in whose hands these extracts are, but must beg leave to think that in the course of this controversy we should have heard more of them, had they been to the advantage of that side of the cause. And considering that the present disputes in convocation have been chiefly owing to the want of registers, the proprietor, whoever he be, had an op- 1 The paper No. 1 proceeds : " The prolocutor and clergy were present in the upper house upon another occasion : and there he pleaded his in- ability to attend the service of the convocation, and was excused from it and allowed to make substitutes by common consent. The truth is, he seems to have been sick of the new archbishop, and of the business which was then going forward ; and for that end to have desired a formal dis- mission ; and therefore appears not ever afterwards to have taken the chair throughout this convocation, tho' it lasted still on for several years. When Fox, whom he deputed with such solemnity, comes before the bishops, we find him styled ' prolocutor admissus,' a phrase that we never after this meet with in the records of convocation ; because there was never the like occasion for it, though ' sub-prolocutors were, as I have shewn, in succeeding times frequently made. But receiving their delega- tion from below only, they are not said to be admitted (i. e. approved) above ; no, not even when they appeared there upon synodical business, as in the instance of 1562 before produced. So that this precedent, instead of hurting the right contended for, rather confirms it; and the perpetual series of the others, which I have reckoned up, after this time amounts to a demonstration of it." — A faithful account, fyc. No. 1. p. 8. See above, p. 76. 318 Observations on the right portunity of shewing his affection to truth and unity, by bringing forth these extracts ere now ; in imitation of his grace the lord archbishop, who so freely laid before the two houses an entire register lie lately retrieved. Till it be known in whose hands they are, I must hope for no other light from them in this or any other particular, be- sides the citation he has been pleased to produce. Supposing 274 it therefore fairly and entirely repeated, the observations I make upon it are, 1. That the prolocutor evidently applies himself to his grace and the bishops, for leave to make the substitution. 2. That we cannot conceive he would have made this application, if the substitution had been valid without it ; or that he would have been suffered to make it, had the lower house thought their own consent and authority sufficient. 3. That a sub-prolocutor is regularly constituted in the same manner as a prolocutor, i. e. by the concurrence and agree- ment of both houses ; the formal conveyance of the authority belonging to his grace. This writer may refine, as nicely as he pleases, upon the pro- locutor's dislike of archbishop Cranmer ; but it is no part of the question, whether sickness was the real cause of his desire to make that substitution, or only a pretence for absence. Sup- posing it only a pretence, it must be carried on in the usual form ; and it is enough in the present case that he actually applied to the upper house, and pleaded his indisposition, and had their express leave to substitute. 2. The next testimony of application to their lordships is grounded upon a memorandum of a substitution, entered in the end of the upper house acts, anno 1 554, which, as I observe in Vid. supr. the forementioned chapter, could no way have come into that p ' 7S ' register, but as the upper house had their share in the substi- tution. Nor does the late paper offer any thing to invalidate the authority of this testimony or my inference from it, besides a precarious supposition that it might possibly be taken from 275 the concurrent lower house books ; when in all the acts of that convocation, there are no signs that the extracter had ever seen a lower house book of that time ; much less that he had it then before him, or that omitting all the other matters, he singled out this substitution, as the only thing worthy of his notice. of substituting a prolocu tor. 319 It is a sign the case is desperate, when suppositions so very- groundless are the best defence that an artful and evasive writer can find. 3. I produce a third instance from the minutes of the lower house in another convocation of the same year : Die Jovis, 5 0 Aprilis, prcesidente episcopo London, prcesentatur prcedictus prolocutor per N. Harpsfield et Jo. Wimblesey, ubi tractarunt de eligendis quibusdam de clero qui vice totius cleri mitte- rentnr Oxoniam ad tractand. cum domino Cranmero, domino Ridleo nuper prcetenso episcopo London, et Hugone Latymer, de quibusdam articulis religionem concernentibus ; et delecti sunt D. Weston, Oglethorp, Chedsey, Seton, Cole, Jefery, Fecknarn et Harpsfield, ad effectum prmdictum. Et quum I prcedictus prolocutor non potuit adesse dictce convocationi, substituit N. Harpsfield et Johannem Wimblesey conjunctim et divisim in loco sua. The late paper urges this instance in behalf of the power of the lower house, because it was entered in the acts of that house : when the writer could not but know, that as oft as the lower clergy appear before the president and bishops, the business thereof (particularly at the presentation of their pro- locutor) is entered of course in the lower house journal as well as that of the upper. And I have given the acts of the day entire, (which for good reasons he did not think fit to do,) that no doubt may remain with the reader, whether the presenta-276 tion of a prolocutor, the choice of persons for the dispute, and the substitution immediately made upon the prolocutor's being- named for one, were not all done in the same place, that is, in the upper house. I take these three instances to be full for the power of the upper house ; especially the first, as it is more circumstantial than the other two. To these I will add a fourth, which makes not directly for either side ; but is confidently urged by that paper in favour of the lower house. Anno 1562, Feb. 24. The archbishop and bishops surro- gatum prolocutoris (dicto prolocutore absente) ad se accersiri jusserunt. It is not said, that their lordships sent for the pro- locutor, and that he being absent, his surrogate came up, but that they sent for the surrogatus prolocutoris ; which must 320 Observations on the riglit imply, that they knew the prolocutor had made a substitution ; and how can we more naturally account for that knowledge, than from the usual application for leave to do it ? The argu- The arguments opposed to these testimonies arise, i . from merits for . 0 rr an inde- the want, and, 2. from the silence of the upper house registers, pendent at t ; raes w ] 1L . n the journals or minutes of the lower house make power ot •> substitu- mention of a sub-prolocutor. But none of the instances under lowerhouse e i*her head speak of a substitution, as made by the prolocutor, answered, (one excepted, which is already accounted for, p. 75,) and they did not therefore properly come into that account of the election and office of a prolocutor : nor are they at all service- able to the power of the lower house, unless they mentioned 277 the house as the sole authors of the several substitutions. For where the registers of the upper house are wanting, it is an equal doubt whether they did or did not apply to their lord- ships ; and I hope, in some other cases, the bare silence or omission of the books of the upper house (of the debates whereof such substitutions are not strictly a part) will not be set against positive testimonies proving an actual application for leave. A bare omission may be easily accounted for, upon the negligence or forgetfulness of a register, or from his opinion that this matter, as a thing of form, was not necessary to be inserted in the Acts ; or lastly, which was the case of three of these instances, they might not happen on days of business, and so nothing was entered besides the continuation in form. By all, or any of these suppositions, the confirmation of a sub-pro- locutor by the president and bishops, becomes consistent with the silence of the registers : but where the journals speak of substitutions actually made above, no room is left for suspicion that they were not made there ; nor can any reason be as- signed why they should be made and entered there, besides a persuasion in the clergy of those times, that of themselves they had no power to make such substitutions. But to descend to the particulars : Instances i . In some of the instances which speak of a sub-prolocutor wanTthe 6 m *he lower house, we want the registers of the upper. Anno registers of ] 586, Nov. 23, the dean of Lichfield, and Dec. 2, D. Goodman, the upper .... , . . . . . . , house, of are sai d to intimate the continuations nomine domini proloeu- no force, toris. The writer of the late paper observes upon these, that of substituting a prolocutor. 321 a good abridgment of the contemporary registers of the upper 278 house, &c. mentions nothing of the archbishop's approving either of these substitutions. This abridgment has been very'differently described on that side ; and the designs of those different characters are obvious enough. When its mentioning no license was to be an evidence for D. Atterbury, that such licenses in those days were not Rights, &<% thought necessary in order to treat or debate of canons, its p- 64 ' ? ' 662 ' reputation ran high ; it was a good abridgment of the Journals of the Upper House, and not only so, but a full and particular abridgment, giving an account of the acts, &c. day by day, and leaf by leaf. Afterwards, it happened to be urged (in concurrence with Right of the the journals of the clergy) against the lower house and their s h 0 p,p.ioi. intermediate meetings ; and the fulness and goodness of the abridgment did evidently enforce the argument against that claim. Upon this it fell into disgrace with the writer of the P. 13. col. 1. Power of the Lower House, &c, and presently shrunk into a short Abstract or Index of the Bishops' Journal 11 . Of late, since this question about substitutions arose, its silence as to any confirmations in the upper house was to make these two deputations in 1586 the sole effect of a power in the lower : now therefore it has recovered its former credit, and is restored to its ancient title of a good Abridgment, and is to keep it so long as it continues in the service on that side. In the mean time, what unsufferable shifting and glossing is this ! To make the same notes good and bad, a short abstract and a full account, now an index and then a particular abridg- ment ; as the several characters will help to disguise a defence- less cause. The truth is, this abridgment is little more than an 279 index ; but specifying in about twenty instances the days on which the sessions were, and those the same with the sessions in the lower house ; so far they became a proper proof against intermediate days. But I think the silence of indexes or u " We have indeed a short abstract or index of the Bishops' Journal in 1586 and 1588, and the complete acts of the lower house in those years. But the sessions in the abstract are not so clearly taken, as to leave us without a doubt whether in every instance both houses concurred." — The Power of the Lower House, p. 13. col. I. CilBSON. Y 322 Observations on the right abridgments so very lean, are not usually thought a proof that this or that particular matter was not in the original book. Not to observe, that the first of these two instances which speak of a sub-prolocutor, happened on a day when the upper house did not meet, but the convocation was continued by com- mission. The bare 2 . In other places where the minutes of the lower house the upper speak of substitutions, then* lordships' register is silent ; and house £] ia £ s ii ence i s {] ie on ]y arp-ument pretended for their having no books of no » ° 1 ° authority share therein. positive Anno 1 66 1, June 14. Substitutus est decanus Cicestrensis evidences, in locum prolocutoris, durante absentia ejusdem. Anno 1662, May 5. D. Franck nominatur et eligitur in vice-prolocutor em. At both these times we have the original registers of the upper house : but, 1 . It happens that the business transacted there on both days is entered in gross, Reverendissimos post aliquod tractatum cum confratribus continuavit, fyc, and what particulars passed on either day we cannot tell. 2. These minutes do not say (any more than the journal of 1586) by whom or upon whose authority these substitutions were made. The acts of 1586 speak of other persons continuing nomine prolocutoris, and these minutes speak of a prolocutor's being 280 substituted, and named, and chosen; but where and in what manner these things were done, whether in the upper or the lower house, by the bishops and clergy, or by the clergy alone, neither the acts nor minutes have told us. We have therefore no way to come to any knowledge about the manner of making these, but by interpreting such genei*al expressions in accommodation to other substitutions, the circumstances whereof are more particularly expressed. Such is that of arch- deacon Wolman recited above : and such also, as to the present case, are the two other substitutions in the upper house ; the entries thereof in the register of that house being a circum- stance which sufficiently proves application to have been made there ; and that application 1 is the thing we contend for, as necessary to enable a substitute to act. dentof* 06 " ^he on ty particular entry upon the lower house books in 1640 parti- an y convocation, is that of 1640, May 2 (repeated in short sidered. 00 " May 5), Die Sabbati, 2 Maii 1640. Dominus prolocutor apud of substituting a prolocutor. 323 ejus cedes in Westm. me prcesente, constituit et ordinavit doc- torem Bargrave et doctorem Nevil et eorum alterum con- junctim et divisim pro se et ejus nomine pro hac sessione, ad legend, preces in domo inferiori, $*c. et votum et suffragium suum reddere pro prorogatione prox. sequent. 8fC. Et facta declarations constitutionis hujusmodi clero domus inferioris, cleri eandem approbarunt. Here the dispute is not, whether this be an authentic prece- dent as it stands in the minutes of 1640. We question not its authority, nor deny the lower house any advantage that it will fairly yield ; but own, on the contrary, that in virtue hereof the prolocutor's proposal of the person or persons, and the 281 approbation of the house, are both regular. But the only question is, and I once more leave it to the decision of every reader, whether the mere silence of the upper house register be a sufficient argument that their lordships' confirmation is not necessary in such substitutions ? When this silence can but amount at most to a probable proof that it was not given even in that instance, When we have clear and certain testimonies of its being desired and given in other instances, When also no account is to be given of the application to the upper house in those instances, besides a persuasion among the clergy that it was the regular way ; and lastly, When the contrary is attended with so many absurdities, as that a prolocutor who himself cannot act till he be confirmed by the president and bishops, should have power to commission another to act with- out confirmation, That a person who is to be the common inter- nuncio between the two houses, shall not first be approved by both, That their lordships, who are to receive the sense of ^he house, and to return their pleasure to the house by his hands, shall neither have previous notice that he is the real repre- sentative and organ of the house, nor any assurance that the house will reckon their commands, if conveyed by him, obliga- tory and authentic. Notwithstanding these absurdities, as well as the positive The paper testimonies of application to the upper house, the writer of the p 4 spea k s late paper affirms in the name of the majority, " That they *g»»nst the were thoroughly satisfied of their right to depute a prolocutor house, in such an exigence as this, without acquainting his grace and the bishops at all with it." But if he should be mistaken in the 282 y 2 Observations on the tight sense of that side ov in his own opinion that they will be governed by his notions, it will not be the first instance of his reckoning too hastily upon their implicit concurrence. While the generality continued in the dark, they were glad to put themselves under the first guide they could find ; but as new light broke forth, and the constitution and usages of an English synod came to be more clearly seen, the scheme which had been laid by a certain author appeared too extravagant for practice ; and he has had the mortification to see his principles tacitly dropped and disowned by his very friends, in a refusal to act and proceed upon them. So, upon this head of substitutions, the writer of the late paper proceeds all along upon a power in the house inde- pendent on his grace and the bishops x : and yet it is said, and he himself hints it, that a considerable member on the same side declared openly, that they had no intention to make a common referendary without the approbation of his grace : which reduces the point under dispute, from that absolute exclusion of the cognizance of the upper house, to a distinction between the office of a prolocutor and referendary. No differ- According to all the observations I have been able to make tweenT upon this office, and the mention of it in the registers, I could prolocutor never see the least difference in the import and meaning of rendary. these two terms. The prolocutor, or as the acts before the reformation more usually write it, the praelocutor, was the person who spoke in the name of the clergy, and reported to 283 their lordships their resolutions and answers, the whole body of the clergy being all the while present. From hence he was called organum cleri ; and as that was originally the only business of the office, so the person executing it is most com- monly mentioned under the single name of prolocutor. His other style is referendarins ; the most natural interpre- x "The dean of Ch. Ch. proceeding to say prayers was interrupted by a member, who declared that he and several others could not agree to a sub-prolocutor's acting as such, without the archbishop's approbation. It was answered by a member on the other side of the house (who foresaw that if we entered into a dispute on this head the report would be lost), that there was no design of making a common referendary between the two houses without consulting his grace, but in the meantime prayers might go forward." — A faithful account, Sfc. No. 1. p. 3. of substituting a prolocutor. 325 tation whereof is, the reporter of the sense or resolutions of a body ; and so it is used in our registers before the application of it to a prolocutor. Anno 1411, Dec. 2. The king's com- missioners come to the convocation, and the chancellor, who w as empowered to speak for the rest, is called referendarius : Per dictum dominum referendarium devocius supplication : and again, dicto domino referendario et dominis temporalibus qui intrarunt, se pendulum retrahentibus. But that no doubt may remain whether this name and that other of prolocutor did imply the selfsame thing, the first formal choice we find at the beginning of convocation was upon a direction to the clergy, Ut unum referendarium sive prcelocutorem ex seipsis eli- Anno 1425. gerent, qui vice eorum omnium et singulorum causas exponeret et responsa. Again, anno 1536, they are ordered to choose one of their members in referendarium et prolocutorem, qui eorum nomine loqui jwssit. Anno 1,562, Ut eligant in eorum prolocutorem sive referendarium, tipc, and they present the dean of St. Paul's in prolocutorem sive referendarium domus inferioris electum. Anno 1586 and 1588, they have leave to proceed ad electionem futuri prolocutoris only ; and yet the journal mentions the presentation conjunctively under both titles. Anno 1640, in both convocations, they are directed to 284 choose virum, Src. in eorum prolocutorem sive referendarium ; and at the presentation upon both choices the register repeats the very same words. But to shew that it makes no difference in the lano-uao-c of convocation, whether the expression be prolocutor, or prolo- cutor et referendarius. or prolocutor sive referendarius ; ob- serve the promiscuous use of all the three in a choice upon the promotion of a prolocutor, anno \66i, Feb. 18. The clergy are directed ut unum, fyc. eligant in eorum prolocutorem et referendarium : they retire ad effectum eligendi, fyc. in eorum prolocutorem sive referendarium : they present Dr. Barwick in prolocutorem tot i us clcri domus inferioris unanimiter electum : the president and his brethren confirm him in prolo- cutorem sive referendarium. We see then the promiscuous use of these two terms is as The duties ancient as the first election of a prolocutor; and upon whatJ^thfoffiLe authority they are now made two distinct offices I know not. ot " a P rol °- x . . . . . , , , . . cutorareall tt is plain that the reporting, or, in other words, the being a annexed to 326 Observations <>n tin- fight that of re- referendary and a speaker at the head of the body, was origi- l>ortmg. nally intended in the office, and the only thing implied in both the names ; and the business of reading prayers, and being the standing moderator in their debates, came in afterwards, when they grew into a separate house. So that these were the con- sequences of the referendary's office, and annexed to it, and lodged in the person of the prolocutor, as first chosen and confirmed for the original end, that of reporting. And there- fore at the beginning of convocation, though his grace actually 285 direct the choice of a prolocutor, and a person accordingly be elected in form by the clergy, yet he is not thought capable either of moderating, or reading prayers, till he be confirmed in the office of prolocutor or common referendary, and by con- sequence in the other offices annexed to it. Which confirma- tion it is that puts the clergy in a capacity to act as a house, and the whole convocation to proceed to business, upon that formal establishment of a correspondence between the two houses. As therefore the prolocutor is obliged to be always in readiness within the synodical hour to attend the upper house, and bring their instructions to the lower, so in case of any inability to pay such attendance, it must certainly be his duty to give timely notice thereof to their lordships ; that either the sitting of convocation may be intermitted for the time, or, if business require, another person may be chosen by the clergy, and confirmed by the president and bishops, to put the lower house in a condition to proceed, and to be for that interval the known internuncio between the two houses. One thing more I would observe upon this head, That if the appointment of a person to read prayers, and moderate their debates in the chair, and so to make them a house, be in the power of the lower clergy ; and if the sole concern of the upper house be afterwards in the confirmation of a common referen- dary, all the complaints against the government for not suffering them to become a house by the choice of such a person, turn directly upon themselves. For it was in their own power (upon this principle) to become a house when they pleased, and not 286 the less so for his grace's delaying the appointment of a common referendary. But in truth, since the separation of the two houses in their debates, the title of prolocutor has compre- hended all the offices of the place, as the confirmation of his of substituting a prolocutor. 327 grace and the bishops has been ever thought to instate him in the office, and make the lower clergy a house, to act in a due subordination to those their superiors. And this new division of the office is evidently framed to support the notion of their being a separate house, and in a condition to debate business of their own, antecedent to this act and the authority of their lordships : which being once allowed, would quickly establish them in a coordinate state, and open a way to any degrees of independence they should hereafter please to insist on. 287 IV. Additional observations touching the authority of the summons to convocation. Theau- p. jgg. The title of the convocation of 1 <62, as of others thorityof , summoning since the act 01 submission, runs thus : — both^othe Convocatio prodatorum et cleri Cantuar. provincice in- kmg and choat. in domo capitulari ecclesioz divi Pauli London. the area- bishop. auctoritate brevis regii reverendissimo, fyc. in hac parte directi, &;c. P. 1. App. The foim of holding a convocation, drawn by archbishop Parker for that of 1562, begins thus : — Sciendum est quod omnes qui auctoritate reverendissimi domini archiepiscopi Cant, citantur ad comparendum coram eo in domo capitulari ecclesiai cathedralis divi Pauli London., $c. The titles of our convocations before and since the reforma- tion agree in the first clause, Convocatio prodatorum et cleri Cantuariensis provincial ; which shews that by our protestant constitution they are no less an ecclesiastical and provincial synod of bishops and their clergy under one common head the metropolitan of the province, than in the times of popery they 288 were. If therefore the clergy (as has been pleaded of late) be not comprehended in that phrase convocationem prodatorum et cleri in the form of continuing, they are by the same rule no members of an English convocation. But whereas the convocations before the reformation are generally said in the title to be factai per reverendissimum, S^c. upon the submission act the style seems to have been changed, because the first title we have entire after that act, (this, I mean, of 1562,) makes the convocation to be begun auctoritate brevis regii reverendissimo, Sfc. direct. And yet we"see that archbishop Parker looked upon the convocation of that very year to be cited or summoned, auctoritate reverendissimi, &c. Observations touching the authority, Src. 329 Hereupon a question arises about the true meaning of the term author itas, as used in these titles and on some other occasions : in what sense the bishops and clergy are said to be summoned to convocation by the king's authority, and in what, by the authority of the archbishop ? It is agreed on all hands, that before the act of submission, The arehi- an English convocation was summoned by the sole authority of gu^^ons the metropolitan : nor do we deny that act to have been a authorita- five before considerable abridgment of the liberties of the church in the the act. matter of holding synosd, but only that it did not so far affect the ecclesiastical power as to change them into civil meetings, 1. e. meetings summoned and acting in virtue of that summons, immediately upon a civil authority. This civil summons and the authority of it has been warmly 289 asserted by two sorts of persons. 1 . By the papists, who ever J,] 1 ^ 1 ^ since the reformation have taken the advantage of that act of an argu- ... ..... mentofthe submission to asperse our protestant synods as civil meetings, pa pi s ts and the canons, &c. made in them as of a secular original. a £f mst our _ 0 reforma- 2. By some late opposers of the metropolitical and episcopal tion. authority in convocation : one of whom forms this new and very uncanonical scheme of summoning and holding synods upon that expression in the submission act. " The authority by which the convocation meets is now Power of purely loyal : the words of the act are express in the case House,^. which shall always be assembled by authority of the king's c- 1 - writ. So that since this statute, the archbishop's share in convening them is not authoritative but ministerial. And when therefore he frames his mandate upon the king's writ, he does it as the king's instrument only, and the proper officer who is to execute the royal summons.- The argument y arising from hence is, that his grace has now no authority to convene the body of the clergy." Again, "An English metropolitan, presiding over a synod, Ibid. p. 17. &c. called together not any ways by his, but purely by royal ^ 2 p 2Q authority." And in another place, " The convocation subsists c. 2. by the king's writ." y " The argument arising from hence is, that his grace having now no authority to convene the body of the clergy, neither can he have any au- thority to propose, adjourn, or continue them." — The Power of the Lower House, p. 3. col. 1. 330 Observations touching the Let the most virulent adversary of this protestant church frame, if lie can. a description of its synodieal meetings that shall be a deeper reproach to our happy reformation. Against the first sort of adversaries, the papists, (and pro- 290testants, one would think, should be as easily answered.) a full vindication of our reformed church has been built upon the genuine meaning of the act of submission interpreted according to the true intent thereof, and the antecedent and subsequent practice, with other circumstances : all which we have been forced more particularly to urge and enforce of late, to defend the honour of our constitution against the second sort of adver- saries also. As, The intent That the crown did not want the assistance of any act, to tTiteno Sta " nave a convocation at pleasure ; because the right of enjoining more than the archbishop to summon it in due form as our princes saw to restrain . . . . . . the arch- occasion, was always thought a power inherent in the crown, bishop from an d was . A \\ along practised in England, both before and since exerting his ... . authority the reformation, and is indeed a right belonging to Christian rSaTh^V™* 3 m general. cense. But till the act of submission, the archbishop also had a power of summoning convocations, according to the exigencies of the church, without the permission or direction of the royal writ. And king Henry VIII., apprehending that the archbishop, bishops, and clergy in convocation might protest against or obstruct his measures of reformation, got a sufficient security against that danger, by making himself, in virtue of that act. the sole judge when a convocation should be summoned. As the king neither gained nor wanted more than this, so nothing was taken from the archbishop but the ancient right of exerting his summoning authority at pleasure : the authority itself remaining entire, and as full and effectual as ever, when that restraint is taken off. 29 t The power which the king gained, and the archbishop lost, is expressed by the statute in the word always. '• Which shall always be assembled by authority of the king's writ." Before that statute, the convocation had been sometimes called at the sole motion and pleasure of the archbishop, and sometimes upon the royal writ : but since, the archbishop is confined to wait for the direction of the royal writ. authority of summonhuj. 331 The intention therefore of directing the royal writ to the archbishop is twofold, i . To signify the pleasure of the prince, that at that particular time his grace shall exert the summoning authority inherent in his see, as it has been ever exerted at the command of the kings of England. 2. To be a legal discharge from the restraint of this statute, and a security against the penalties of summoning without the royal license. For that the word authority, as it stands in the act, was The word intended for no more than a leave or license to summon, is j^the'sta- evident from the very submission, (upon which the act was tute only immediately founded :) " We will never from henceforth, leal^oV* &c. unless your highness by your royal assent shall license us license. to assemble our convocation." And from the dedication of the clergy to the king, prefixed to the Institution of a Christian Man. " Without your majesty's power and license we acknowledge and confess that we have not authority to assemble together for any pretence or purpose, &c." And lastly, from the style given to the royal writ by queen Elizabeth. " Own noSfSfcarchiepiscopo mandaverimus,eidemque licentiam con- cesserimus quod convocari faceret singulos episcopos, §'C. 29 2 As therefore the bishops and clergy in convocation, appre- hensive of the penalties of the statute, have taken care tomse the very expression of it, with reference to the royal writ, so that expression being directly taken from the statute, is of course to be interpreted according to the extent and meaning thereof. The methods of summoning, antecedent and subsequent to The arch- that statute, are a clear argument that the archbishop's au-^'^j thority therein remained entire. That all his summons before authorita- it, though issued upon a royal writ, and that expressly recited the style of in the mandate, were yet authoritative, is not denied : and if man r .. * . date and this act of submission had been intended to change the archi- returns, episcopal summons into a ministerial office, it would have given directions for changing the authoritative into a ministerial style ; at least such a change must of course have been made. But no such alteration appears either in the mandate or the dean of the province's certificate of the execution. The writ comes to the archbishop (for it can be directed to none else) in the same stylo and manner as before the statute it did; and is now no otherwise inserted in the archicpiscopal 332 Observations touching the mandate than was usual before the reformation. The arch- bishop, directing that mandate to the dean of the province, goes on, Breve regis, fyc. recepimus in hcec verba. After a recital of the writ, he proceeds, Quocirca (i. e. having received this royal permission and direction to exert the summoning power inherent in the see) fraternitati vestrce committimus et "93 MANDAMUS VOLUMUS et MANDAMUS INJUNGIMUS et MANDA- MUS, All express terms of authority, in his grace's own name, and under the archiepiscopal seal. Accordingly the dean of the province's certificatorium or return declares his execution of every particular branch thereof to have been in virtue and by authority of his grace's man- date : Literas vestras reverend issimas citatorias et monito- riales jam dudum nobis sub sigillo vestro directas, cum ea qua decuit reverentia humiliter recepimus : quarum literarum vigore pariter et autoritate. autoritate et per recep- tionem literarwn vestrarum juxta vim, formam, et effec- tum earundem secundum formam et tenorem literarum vestrarum. In like manner the returns of all the other suffragans are made immediately to his grace, and ultimately lodged (where they ever were before the submission act) in the registry of the archiepiscopal see : whereas all executions by the king's au- thority are returnable of course into the offices belonging to the crown! ht of This point (of the metropolitan's authoritative summons) has if &c. b een more largely proved and explained elsewhere z : but the z " Though before the statute of submission they grant the ' arch- bishop's share in convening his clergy to have been authoritative, yet since this statute it is only ministerial.' {Power of the Lower House, p. 3. col. 1.) And though formerly the archbishop, when he framed his mandate upon the king's writ, might act as the chief governor of his province, yet now it seems ' he does it as the king's instrument only, and the proper officer who is to execute the royal summons.' {Ibid.) But why must the same writ of summons, in the very same words, to be executed the very same way, have so different force and construction ? It was once a fair argument of Dr. Atterbury in a like case, that ' since the words of the writ are the same now as they were then, the meaning of them must be the same too : for though the 25 of Henry VIII abridged the convocation's privileges in several respects, yet it could not make the words of their writ signify otherwise than they did when they were first inserted.' (Rights, Powers, fyc. authority of summoning. 333 contrary doctrine of its being ministerial, is attended with con- Hist, of sequences so very dishonourable to our reformed church, that t "°"' p ' 1 I could not leave the reader under any danger of being misled into that opinion by this general expression of the statute, transcribed from thence into the titles of our acts, and into some of the instruments of convocation. For if that new notion were true, the proceedings of convocation would be so 294 far from agreeing to the principles of an episcopal church, that they would not be the proceedings of any church at all. The ecclesiastical power must then be swallowed up in the civil ; and the methods of proceeding would not be influenced by the ancient synodical rules, or the distinction of bishops and pres- byters, but founded entirely upon a model framed and esta- blished by the state. Enough, I think, has been said to expose and overthrow that uncanonical scheme ; but because it is come in my way, I will take the opportunity of adding an observation or two : 1. That at the opening of convocation, as well since as be- fore the act of submission, the first step in certifying the due execution of the summons, has been the exhibiting and reading the dean of the province's certificatoriiim or return, directed to the metropolitan alone ; in pursuance of whose command and authority every particular, as we have seen, is said to be duly executed. Nor has any more notice been taken of the royal writ, than as it is recited in the archiepiscopal mandate, just as it was before the statute at the opening of all convocations which were summoned upon the writ. 2. The contumacy pronounced thereupon is merely for not attending according to the tenor of his grace's mandates to the several bishops, with their lordships' certificates to his grace of ]>. 464. 2nd ed.) And what did the words then signify, but for the king to command the archbishop to exercise his metropolitical authority in calling together the clergy of his own province ? Every body knows that this was once the sense of the writ ; and though obvious enough, Dr. At- terbury took care to explain it so : for ' the crown to issue out writs for the convocation was to command the archbishops by writ to assemble the clergy of their provinces.' (Rights, Powers, fyc. p. 494. 2nd ed.) So as then at least the crown did issue out writs to command the archbishops, and yet the archbishops did t by writ assemble the^ clergy of their pro- vinces." — Dr. W. Kennefs Hist of the Conv. Sfc. p. 14. 334 Observations touching the the due execution ; and the censures for absence, being all purely canonical, shew them to be inflicted for an act of dis- obedience to the authority of their canonical superior. 2 95 3- Cardinal Pole held a convocation in the year 1557, the latter end of queen Mary's reign ; and the title of it is Con- vocatio sive Sacra Synodus convocata auctoritate brevis Regis Philippi et Mariae, &c. Now it is not to be imagined that either the queen or the cardinal (so remarkably tender of the privileges and immunities of their church) would have given way to a convocation upon that foot, had it been the opinion of those times that the avthority of the royal writ destroyed that authoritative summons which the archbishops before the Reformation had always exercised. They knew the kings of England had often directed their writs to the arch- bishop before the Act of submission was thought of, and were as constantly obeyed : and the writ being an immediate direc- tion to the archbishop, and not to any particular member of convocation, they were so far from considering that a summons upon the authority of such writ destroyed his grace's authori- tative summons, that we see they use the term even while the Act was repealed, and they were by consequence under no ob- ligation to use it. The case of The same convocation is said in the extracts out of the upper cation's be- house books to be soluta per mortem reginaz Maria ; as we ing dissolv- afterwards (anno 1624) that the convocation was dissolved ed by the v ' death of by the death of king James the First. the pnnce. Q n the con trary, before the Reformation, anno 141 2, we find that archbishop Arundel summoned a convocation in obe- dience to the king's writ ; and yet it was continued for some time after the death of Henry the Fourth. Again, anno 1460, archbishop Bourchier issued his summons in a like obedience to the royal writ ; but the same convocation, not expiring with the death of Henry the Sixth, continued in the reign of Ed- ward the Fourth. The difference in this matter, before and since the Reforma- tion, naturally arises from the foregoing construction of the Submission Act. Before that was made, the archbishop had a right to hold convocations independent of the prince, and was by consequence under no obligation to discontinue them upon 296 the death or demise of the prince : he was bound to obey the authority of summoning. 335 royal writ, as oft as it was sent him, by exerting the ' summon- ing authority according to the tenor thereof; but he was not absolutely confined to wait for and receive such writ, in order to summon or hold ; nor was a convocation, holdcn by the archbishop independent of the king, an illegal assembly by the laws then in being. But by the statute of submission, interpreted in its most genuine meaning, an absolute restraint is laid upon the arch- bishop from holding his convocation, unless authorized so to do by the royal writ. By this means, any such meeting of the bishops and clergy, holden by the archbishop without such writ, is become an illegal assembly. Now the force of the writ, directed to the archbishop to take off the restraint laid upon him by the statute, must cease and expire with the prince, in whose name and under whose seal it was issued : and when that happens, the archbishop is by law reduced to the same inability to hold a convocation, as he was under before the re- ception of such writ. That therefore a convocation dies in law with the prince, re- A dissolu- solves wholly into that incapacity which is acknowledged both ^'™J > / in this section and elsewhere to be laid upon the ecclesiastical death, no power by the statute of submission. And so the most that such {'h^arcWe- 0 a dissolution can infer is, that the archbishop is now uncapable P lsc °P al au - in law to hold a convocation, unless authorized by the king's writ to hold it, or (in other words) that without the force and warrant of such writ he cannot now, as before the statute he could, give subsistence to a convocation. But to argue from hence, that the convocation subsists by the sole authority of 297 the crown, and that the authority of the archbishop is wholly lost, and so his share in summoning and holding is purely ministerial, these inferences are a direct violence to the sta- tute, such as one would naturally expect from some advocate of an Erastian church, or a declared enemy to our Reforma- tion, but it is strange to see a professed member, and, which is more, a minister of our reformed church, wresting the statute into a sense so very injurious to her liberty and her honour. The statute, as it lodges in the civil power the sole right of judging when our synods shall be held, is an abridgment of the liberties of the church ; and we must be content : but let us bless God, that the power of the church is not so affected 336 Observations touching the either by this or any other statute, but that the metropolitans of both provinces have a right (after the writ has given them the liberty of exerting their power) first to summon their con- vocations in an authoritative or canonical way, and then to hold them by the ancient ecclesiastical rules. A blessing, for which they are very ungrateful, who can so much delight in saying and even pleading that the convocation subsists by the. royal writ, exclusive of the archiepiscopal authority ; when the dean of the province's certificatorium or return, with the ex- hibiting whereof the convocation properly opens, declares and recognises in every particular the immediate authority by which they assemble. The archie- I have before repeated some of the terms, in which that in- thority di- " strument recognises the archiepiscopal authority ; but for a 297 more full satisfaction to the reader, I will here subjoin it at rectl y™-. large. cognised in 0 the dean of Reverendissimo in Christo patri ac domino domino Thomce vince's°cer- Providentia Divina Cantuar. archiepiscopo, totius AngUoe tificatorium. primati et metropolitans, vestrove in hac parte locum tenenti sive commissario vel commissariis, Henricus permissione Di- vina London, episcopus omnimodam reverentiam et obedien- tiam tanto reverendissimo patri debitam cum honor e : lite- ras vestras reverendissimas citatorias et monitoriales, jamdudum nobis sub sigillo vestro direct, cum ea qua de- cuit reverentia humiliter recepimus exequend. sub tenore verborum sequentium, videl. Thomas Providentia Divina, Sfc. See the form of the mandate, p. 9, 57. Quarum quidem lite- rarvm vigore par iter et avthoritate, Nos pjreefatus Henri- cus London, episcopus, omnes et singulos confratres nostros coepiscopos ecclesiaz vestrai Christi Cant, constitutos, peremp- torie citari et prjemoneri, ac per eos decanos ecclesiarum cathedralium et collegiatarum, et singula capituha earundem, archidiaconosque, et alios ecclesiarum prailatos exemptos et non exemptos, clerumque cujuslibet diosc. provincial vestrai Cantuar. antedictai peremptorie citari et praimoneri respec- tive fecimus ; quod iidem episcopi, decani, fyc. compareant coram Paternitate vestra rev erendissima aut vestro in hac parte locum tenente sive commissario vel commissariis die et loco in eisdem vestris literis reverendissimis ple- nius specificat. et designat. cum continuatione et prorogatione author it ji of summoning. 337 dicrum extunc sequentium et locorum, si et quatenus expe- diat: ad tractandum super arduis et urgentibus negotiis, Sfc. 299 [ut prius in mandate] Ulteriusque, avthoritate et per re- ceptionem literarum vestrarvm reverendissimarum cita- toriarum et monitorialium prcedictarum, fatemur nos Hen- ricum London, episcopum antedictum peremptorie fore et esse CITATUM ad COMPARENDUM CORAM VESTRA REVERENDISSIMA p at ern i tate aut vestro in hac parte locum tenente sive com- missario vel commissariis hnjusmodi, die et loco pra'citatis de et super negotiis memoratis tractatur. Et nos iisdem lite- RIS f'ESTRlS REVERENDISSIMIS hujuSmodi jllXttt VIM, F0RMAM, tenorem, et effectvm ear undem debite parcbimus. Inti- mavimus insuper et denuntiavimus, et intimari et denunliari fecimus, dictce provincial vestrai Cantuar. co-episcopis, 8fc. quod eos a personali comparitione in hujusmodi negotio convocations et congregationis dictis die et loco, ut prozmit- titur, divina favente dementia, excusatos reverendissima i'ESTRA PATERNITAS N0N HABERE INTENDIT ista vice llisi eX causa necessaria tunc et ibidem alleganda et proponend. et per paternitatem vestram reverendissimam approband. sed eorum contumacias qui absentes fuerint canonice punire. Et sic literas vestras reverendissimas antedictas quate- nus ad nos attinet et in nobis est fuimvs execvti. Dat. in Palatio nostro apud London, ultimo die mensis Januarii anno Domini (stglo Anglioi) millesimo septingentesimo, nos- traique translationis vicesimo sexto. If this instrument, the exhibiting and reading whereof opens the convocation, be not a plain declaration of the authority by which it is immediately summoned, and subsists, I know not where words will be found to declare or express it. Nor can 1 3°° conceive, cither how the issuing a mandate in the name and under the hand and seal of the archbishop, or the certifying to his grace an execution in virtue and by the authority of his mandate, can consist with the late notion of his grace's issuing that mandate in a mere ministerial way. UIBSON. z 301 V. Observations upon the Table of Fees, and the Cata- logue of Members, prefixed to the Registers of Con- vocation. AT the beginning of the upper house registers, we generally find a catalogue of fees due to the officers in convocation from the members of each house, according to their several degrees and stations. Which catalogue is copied, word for word, from a larger table signed and established by archbishop Whitgift. containing the fees due to the officers of his grace's courts, for every particular business to be executed therein. The title of the table is as follows : " A Table of Fees of the most Reverend Father in God. John, by the providence of God archbishop of Canterbury, primate and metropolitan of all England, his grace's chan- cellor, vicar-general, register-principal, apparitor-general, and other ministers." 302 Among these, the several officers in convocation, belonging to the lower as well as the upper house, have their fees as- signed, as members of his grace's court, according to the pro- portions which archbishop Whitgift found to be then' custom- ary allowance. The part of that table which relates to convocation, and is therefore usually transcribed into the registers thereof, is as follows : Observations upon the table of fees. 339 Feoda solvenda registrario primario, et apparitori generali domini archiepiscopi Cant, in convocations provincice Cant, juocta antiquum morem ejusdem convocationis. REGISTRARIO. s. d. Inprimis, Quilibet episcopus provinc. Cant, solvit registrario praedicto 6 8 Et si absens fuerit toto 13 4 Item, Quilibet decanus comparens per procuratorem 5 o Item, Quilibet archidiaconus comparens per procuratorem solvit ..50 Item, Procurator cujuslibet capituli solvit 5 o Item, Quilibet procurator cleri solvit 2od. viz. duo procuratores. ... 34 APPARITORI. Item, Quilibet episcopus solvit apparitori 6 8 Similia feoda solvenda sunt qualibet sessione, cum convocatio prorogetur authoritate brevis regii. Feoda actuario domus inferioris comwcationis solvend. 3°3 s. d. Inprimis, Quilibet decanus solvit . . 2 8 Item, Quilibet arcbidiaconus 1 8 Item, Quilibet procurator capituli . . 1 8 Item, Quilibet procurator cleri . . . . 1 4 Ostiario domus inferioris. Inprimis, Quilibet decanus solvit . . 1 4 Item, Quilibet archidiaconus 1 o Item, Quilibet procurator capituli . . 1 o Item, Quilibet procurator cleri . . . . o 8 1. These particulars, as ranked among the fees for the office Observa- of vicar-general, and usually entered at the beginning of the j^ e n Lw 0 journals of each house, shew all the officers of convocation to of fees, be under the immediate jurisdiction of the archbishop and members of his court. 2. We may observe also, that in the provision made for the appearance of a dean or archdeacon by proxy, the fee for ex- hibiting the instruments is directly assigned to the archbishop's register, as it is the sole right of his grace to admit, and by consequence of his proper officer to receive them. 3. Provision being only made for exhibiting the procurato- z 2 340 Observations upon rial letters of the cathedral and diocesan proctors, and none for proxies in case of their absence ; it is plain, that in those days none was thought to have a right of substituting his proxy, but who had a right to be personally cited, viz. bishops, deans, and archdeacons. 3°4 II. The table of fees is usually followed by a catalogue of logues of the members ; to which the general title of the convocation is the mem- prefixed : the title of that in 1640 is as follows : bers of con- . . . vocation. Lonvocatio prcelatorum et cleri Cantuar. provincial, in- cJwata in domo capitulari ecclesiai cathedralis Sancti Pauli London, autoritate brevis regii reverendissimo in Christo patri ac fideli consiliario suo domino Gulielmo providentia divina Cantuariensi archiepiscopo, totius Angliai primati et metropolitano in hac parte direct, inchoata die Martis, de- cimo quarto viz. die mensis Aprilis, anno Domini millesimo sexcentesimo quadragesimo, regnique serenissimi in Christo principis et domini nostri domini Caroli Dei gratia Angliai, Scotice, Francia', et Hibernia' regis, fidei defensoris, fyc. anno decimo sexto. The same title, with the necessary variations as to time, &c. is also put before the register of 1661. After which, in both the convocations, the members of the upper house are severally entered under the following head : Nomina reverendorum patrum episcoporum modernorum Cant, provincial, citatorum et monitorum ad comparendum in convocatione praidicta. And after them come the members of the lower house, ac- cording to their several churches, dioceses, and respective sta- tions therein, under this title : Nomina citatorum ad comparendum in inferiore domo convocationis prailatorum et cleri Cant, provincial, inchoat. die et loco praidict. Observa- Upon the foregoing account of these introductions to the tions upon . T , the cata- upper house acts, 1 observe, logues. j That this entry of the inferior clergy, together with the 3°"^ bishops, in the books of the upper house, is the consequence of that house's being properly the locus synodi, and of the con- the catalogue of members. 341 vocation's being one body consisting of bisbops and presbyters as the members, and assembled under one common head orvid. president, the metropolitan of the province. It further implies cap ' a right in the archbishop to take cognizance of the members of the lower house as to their attendance in convocation : for why else should the names of the persons cited upon the archi- episcopal mandate be so distinctly entered in the registers of the upper house ? 2. The whole convocation is not only expressed in general under the name convocatio prcelatorum et cleri Cantuariensis provincial, but the lower house in particular, as a member thereof, is styled domus inferior convocationis prcelatorum et cleri Cant, provincice. Upon what ground therefore it can be pretended that the lower house is not included in a schedule of continuation running in the selfsame terms, is to me very un- accountable. 3. As in the years 1640 and 1661 the English clergy in general were remarkably zealous for the rights of the church, so many of the members in the two convocations were some of the most eminent assertors of those rights that our church or nation has known. Not to mention more, we find, Anno 1640, in the upper house, archbishop Laud, with the bishops Juxon, Wren, Davenant, Mountague, Duppa, Warner, &c. In the lower, we meet with Dr. Laney, Potter, Brownrig, Frewen, Heylin, Sheldon, Fell, Hammond, Steward, with many 306 others, distinguished soon after by their eminent sufferings in defence of tbe rights and discipline of the church. Anno 1 66 1, in the upper house, archbishop Juxon, and the bishops Sheldon, Wren, Duppa, Sanderson, Henchman, Morley, Warner, Laney, &c. In the lower, Dr. Gunning, Earl, Sud- bury, Pearson, Fell, Dolben, Thorndike, Lamplugh, Oliver, Ward, Sparrow, Blanford, Fleetwood, &c. It will not, I hope, be said, much less believed, that the members of these two convocations did not understand and pursue the true interests of the church, or that they either knew not or did not regard the established methods of pro- ceeding in an English convocation. Nor do the characters of the members in each house suffer us to imagine either that the 342 Observations upon bishops were in the least disposition to invade the liberties of the clergy, or, if they had, that the clergy would have given way to any violation of the rights of their order, and the pri- vileges of their house. It has been the care of our present prelates to govern their proceedings by the practice of former times, and particularly of such convocations as had before them the registers now consumed, and consisted of members so deservedly celebrated among us for a strict regard to the interest, the rights, and discipline of the church. It may therefore be justly expected, that the persons who on account of these proceedings have so freely charged my lords the bishops with designs of subverting the church and oppressing the clergy, that they, I say, should produce the instances in which their lordships have deviated 3°7 from the example of those their predecessors, whose affection to the church and clergy was never questioned, till struck at in some late censures of our present prelates for imitating them in the canonical method of holding a convocation. Nor can they of the lower house, who desire to act in a dutiful subordi- nation to their ecclesiastical superiors, be liable to any censures for this their submission, which will not equally make those learned and orthodox presbyters in 1640 and 166 \, the be- trayers of the rights of their order, whether through negligence or mean compliances for secular ends. 4. If it be objected against the authority of the register of 1 66 1, that the disuse of convocations during the civil wars might make the clergy less acquainted with the true methods of holding them, the answer is obvious ; that they had then the direction of all the registers entire, and appear in fact to have followed the methods in 1640, as that, without doubt, proceeded by the pattern of former convocations. Add to this, that several of the persons in 1 66 1 had been members also in the convocation of 1 640, and must therefore be presumed to have a sufficient knowledge of the manner of proceeding. By comparing the lists of these two convocations, I find, besides the archbishop, that six of the bishops, Duppa, Pierce, Wren, Warner, Roberts, and Skinner, were members of the upper house in both ; and four more, viz. Sheldon, Floyd, Griffith, and Ironside, advanced to the dignity of bishops at the restoration, to have been mem- the catalogue of members. 343 bers of the lower house in 1640. And as to the lower house itself, Dr. Oliver, Fleetwood, Rives, Baily, with several others, 3°^ at least twenty in all, appear to have been members thereof in both these convocations of 1640 and 1661, and, suppose all former registers to have been lost, as they then remained entire, it would not be suggested that in 1661 these ancient members were either unable to direct their brethren, or willing to mislead them. APPENDIX TO THE EDITION OF 1854. A List of Publications on the Convocation-controversy originally printed in the year 1708, and now corrected and enlarged. A Letter to a Convocation-man, concerning the Rights, Powers, and Priviledges of that body. 4to. 1697. [By Sir Barth. Shower.] The authority of Christian princes, over their ecclesiastical synods, asserted, with particular respect to the convocations of the clergy of the realm and church of England, occasion'd by a late pamphlet intituled, A Letter to a Convocation- man. &c. By William Wake, D.D. &c. 8vo. 1697. A Letter to a Member of Parliament, occasion'd by a Letter to a Convocation-man, concerning the Rights, Powers, and Priviledges of that Body, &c. 4to. 1697. [By Wm. Wright, Esq. Recorder of Oxford.] Municipium Ecclesiasticum ; or, the Rights, Liberties, and Au- thorities of the Christian Church asserted, against all oppressive doctrines and constitutions, occasion'd by Dr. Wake's book, &c. 8vo. 1697. [By S. Hill, Rector of Kilmington.] Some observations on a late book intit. Municipium Ecclesiasti- cum, and the defence of it. 4to. 1699. An Appeal to all the true Members of the Church of England, in behalf of the King's ecclesiastical supremacy, &c, bv W. Wake, D. D. &c. 8vo. 1698. The Rights of the Christian Church further defended, in answer to the Appeal of Dr. Wake, by Sam. Hill, Rector of Kilmington. 8vo. 1698. A brief enquiry into the Ground, Authority, and Rights of Eccle- siastical Synods, upon the principles of Scripture and Right Reason. Occasion'd by a late book intitul'd, Municipium Ecclesiasticum. 8vo. 1699. Some thoughts on a Convocation, and tlic notion of Divine Right, &c 4to. 1699. 34-6 APPENDIX TO The Rights, Powers, and Priviledges of an English Convocation stated and vindicated, in answer to a late book of Dr. Wake's, &c, by Francis Atterbury, &c. 8vo. 1700. Reflections on a book, intitul'd, The Rights, Powers, and Privi- ledges of an English Convocation stated and vindicated, by Gilbert, Lord Bishop of Sarum. 4to. 1700. The Rights, Liberties, and Authorities of the Christian Church asserted against all oppressive Doctrines and Constitutions. To which is added, A justification of Municipium Ecclesiasticum, &c. 8vo. 1 701. [By S. Hill, Rector of Kilmington.] Ecclesiastical Synods, and Parliamentary Convocations of the Church of England, historically stated, and justly vindicated from the misrepresentation of Mr. Atterbury, by White Kennet, D. D. Part I: 8vo. 1 701 . An occasional Letter, on the subject of English Convocations, by the author of Ecclesiastical Synods and Parliamentary Convocations in the Church of England. 8vo. 1701. [viz. White Kennet, D. D.] Mr. Atterbury's Arguments for the Rights, Powers, and Privi- ledges of an English Convocation considered. 4to. 1701. Some Remarks on the Temper of the late Writers about Convo- cations, particularly Dr. Wake, Dr. Kennet, and the author of Mr. A.'s Principles, &c. 4to. 1701. [By G. Smalridge, D. D.] A Letter to a friend in the country, concerning the Proceedings of this present Convocation. 4to. 1701. [By Edm. Gibson, D. D.] The Power of the Lower House of Convocation to adjourn itself, vindicated from the misrepresentations of a late paper, intitul'd, A Letter to a friend in the country, concerning the Proceedings of the present Convocation. 4to. 1701. [By F. Atterbury.] A Narrative of the Proceedings of the Lower House of Convoca- tion, relating to the Prorogations and Adjournments, &c. 4to. 1701. [By Geo. Hooper, D. D.] The Divine Right of Convocation examined as it is stated in Mr. Hill's Book called Municipium Ecclesiasticum. 410. 1701. By John Turner. The Principles of Mr. Atterbury's Book of the Rights, Powers, and Privileges of an Eng. Convocation. 4to. 1701. By Rich. West. A Vindication of the Authority of Christian princes over Ecclesi- astical Synods, from the exceptions made against it by Mr. Hill, and the pretences of Divine Right in his late books on that subject, espe- cially in his last entit. The Rights and Liberties of the Christian THE EDITION OE j 854. 347 Church asserted ; to which are added some Letters that past hetween Dr. Wake and him relating to that Controversy. 8vo. 1701. The Right of the Arch- Bishop to continue, or prorogue the whole Convocation, asserted in a second Letter, by way of reply to a pam- phlet, intitul'd, The Power of the Lower House of Convocation to adjourn itself, &c. And also to a late book, intitul'd, A Narrative of the Proceedings of the Lower House of Convocation, &c. 4to. 1701. [By Edm. Gibson, D. D.] A Vindication of the Proceedings of some Members of the Lower House, with relation to the Arch- Bishop's Prorogation of it, May 8. 1701. 4to. 1701. [Part II. By Chas. Trimnel, D. D.] A Letter to a Clergyman in the Country, concerning the choice of Members, and the execution of the Parliament-writ for the ensuing Convocation. 4to. Nov. 17. 1701. [By F. Atterbury, D. D.] A Second Letter to a Clergyman in the Country, about the exe- cution of the Parliament-writ for the ensuing Convocation. 4to. Dec. 10. 1 7c 1 . [By F. Atterbury, D. D.] The case of the Praemunientes, considered, in answer to the Letter concerning the choice of Members, and the execution of the Parlia- ment-writ for the ensuing Convocation. 4to. 1701. [By White Kennet, D. D.] The late Pretence of a Constant Practice to enter the Parliament, as well as Provincial-writ, in the Front of the Acts of every Synod, considered, in a Letter to the Author of that Assertion, &c. 4to. Dec. 11. 1701. [By Chas. Trimnel, D. D.] The late Pretence of a Constant Practise to enter the Parliament, as well as Provincial-writ, in the Front of the Acts of every Synod, further considered, and disproved, in a Second Letter, &c. 4to. Dec. 16. 1 701. [Part II. By Chas. Trimnel, D. D.] A Third Letter to a Clergyman in the Country, concerning the choice of Members, and the execution of the Parliament-writ, &c. in defence of the two former. 4to. Jan. 8. 1701. [By F. Atterbury, D. D.] A Letter to a Clergyman in the City, concerning the Instructions given to the Proctors for the diocess of Worcester. 4to. Jan. 26. 1 701. A Faithful Account of some Transactions in the three last Ses- sions of the present Convocation. 4to. Feb. 14. 1701. Number I. [By F. Atterbury, D. D.] S48 APPENDIX TO A Faithful Account of what passed in Convocation. 4to. Feb. 19. 1701. Numb. II. A True Copy of the Arch- Bishop's Speech in Jerusalem Chamber, on Thursday, Feb. 19. 1701. 4to. 1701. A Letter from a Presbyteriau Minister in Scotland, &c. 4*0. June 30.1701. [By W. Kennet, D. D.] An Expedient proposed, or the occasions of the late Controversie in Convocation consider'd, and a Method of adjournment pointed out, consistent with the claims of both Houses. 410.1701. [By Dr. Binckes ] A Summary of the Arguments for the Arch-Bishop's Right to continue the whole Convocation. Dec. 3. 1701. [By Edm. Gibson, D. D.] An Answer to a Third Letter to a Clergyman in the Country in Defence of the Entry of the Parliament writ, &c. 4to. March 6. 1701. [By Ch. Trimnel, D. D.] A Continuation of the Faithful Account of what pass'd in Convo- cation. 4to. March 7. 1701. Numb. III. A Vindication of the Author of the Right Jof the Arch- Bishop to continue, &c. from some little exceptions latelv taken bv the Writer of two Letters concerning the choice of Members, &c. 4to. 1702. [By Edm. Gibson, D. D.] History of the Convocation which met Feb. 6. 1700. 4to. 1702. [By White Kennet, D. D.] The Narrative of the Lower House Vindicated from the excep- tions of a Letter intituled, The Right of the Archbishop to con- tinue or prorogue tbe whole Convocation. 4to. 1702. [Bv G. Hooper, D.D.] Vindication of the Narrative continu'd. 4to. 1702. [By G. Hooper, D. D.] The pretended Expedient ; in a Letter to the Author ; shewing that Title to be contrary to the Book, especially with relation to the Right of an Episcopal Church. 4to. 1702. [By W. Sherlock, D. D.] Reflections upon a late Paper intituled, An Expedient propos'd; shewing the unreasonableness thereof. 4to. 1702. [By E. Gibson, D. D.] A Reconciling Letter upon the late Differences about Convoca- tional Rights and Proceedings. 4to. 1 702. [By White Kennet, D.D.I THE EDITION OF 1854. 349 A Letter from the Borders of Scotland, concerning somewhat of Agreement between a Scotch General Assembly, and an English Provincial Convocation. By an Episcopal Divine, Sep. 21. 1702. 4to. Letter A. [By W. Kennet, D. D.] The Parallel Continued, between a Presbyterian Assembly, and the New Model of an English Provincial Synod, &c. 4to. Dec. 9. 1702. Letter B. [By Edm. Gibson, D. D.] The Case of the Schedule stated, wherein an account is given of the Rise and Design of that Instrument, and of the Influence it hath on the Adjournments of the Lower House of Convocation ; and all the authorities urg'd in behalf of the Archbishop's Sole Power to prorogue the whole Convocation, are occasionally examin'd. 4to. 1 02. [By F. Atterbury, D. D.] The Present State of Convocation ; in a Letter, giving a full Re- lation of Proceedings in several of the late Sessions, from Jan. 28. to Feb. 19. 4to. 1702. [By White Kennet, D. D.] The Schedule Review'd ; or the Right of the Archbishop to Con- tinue or Prorogue the whole Convocation, clear'd from the Excep- tions of a late Vindication of the Narrative of the Lower House, and of a Book entitul'd, The Case of the Schedule Stated. 4to. 1702. [By Edm. Gibson, D. D.] Forma Convocationis Celebranda? ; or the Antient form of hold- ing a Convocation prescribed by Archbishop Parker for the use of the Reformation, with proper Annotations. [N. B. This is also put before the History of the Convocation.] Synodus Anglicana, or the Constitution and Proceedings of an English Convocation, shewn from the Acts and Registers thereof to be agreeable to the Principles of an Episcopal Church. 8vo. 1702. [By Edm. Gibson, D. D.] A History of the English Councils and Convocation, and of the Clergy's sitting in Parliament. In which is also comprehended, the History of Parliaments. With an Account of our English Laws. By Humphry Hody, D. D. 8vo. 1702. The Parliamentary Original and Rights of the Lower House of Convocation clear'd, and the Evidences of its Separation from the Upper House produc'd on several Heads ; particularly, in the point of making separate Applications (as a distinct Body of Men) to other Bodies, or Persons ; in pursuance of an Argument for the Power of the Lower House ^to adjourn itself, &c. 4to. 1702. [By F. Atterbury, D. D.] 350 APPENDIX TO A short State of some present Questions in Convocation, particu- larly, of the Right to Continue, or Prorogue, by way of Commen- tary on the Schedule of Continuation. 4to. 1703. [By E. Gibson, D. D.] A Summary Defence of the Lower House of Convocation, parti- cularly, concerning adjournments ; in Answer to a Pamphlet enti- tuled, A Short State of some present questions in Convocation, &c. by way of Commentary on the Schedule. 4to. 1703. The pretended Independence of the Lower House upon the Up- per, a groundless Notion, &c. being a Vindication of Synodus An- glicana, and the Schedule Review'd, together with the Integrity of their Author, from the Censures and Reflections of a late Pamphlet entitul'd, The Parliamentary Original and Rights of the Lower House, &c. 4to. 1703. [By Edm. Gibson, D. D.] A Representation made by the Lower House of Convocation to the Archbishop and Bishops. 4to. 1703. Letter from a Clergyman in Ireland, to a Convocation-man in England. 4to. Aug. 9. 1703. The Marks of a Defenceless Cause, in the Proceedings and Writings of the Lower House of Convocation ; particularly in their third and last System of Principles, invented by the Vindicator of their Narrative, and repeated in a late Pamphlet entitul'd, A Sum- mary Defence of the Lower House. 4to. 1 703. [By E. Gibson, D.D.] The New Danger of Presbytery, or the Claims and Practices of some in the Lower House of Convocation, very dangerous to the Constitution of an Episcopal and Metropolitical Church ; with an Answer to the Vindication of the Narrative of the Lower House, &c. 4to. 1703. [By William Sherlock, D. D. Dean of St. Pauls.] The State of the Church and Clergy of England, in their Coun- cils, Synods, Convocations, Conventions, and other Publick Assem- blies, Historically deduc'd from the Conversion of the Saxons to the Present Times, by W. Wake, D. D. &c. Occasion'd by a Book enti- tul'd, The Rights, Powers, and Privileges of an English Convoca- tion. Fol. 1703. An Account of the Proceedings between the two Houses of Con- vocation, which met Oct. 20. 1702. particularly, of the several Pro- posals made for putting an end to the present Differences. 4to. 1704. [By Charles Trimnel, D. D.] A representation made by the Lower House of Convocation to the Archbishops and Bishops, Dec. 1704. [with a large Preface] 4to. THE EDITION OF 1854. 351 The Bishop of Sarum's Charge at his triennial Visitation, 4to. 1704. The Humble Representation and Complaint of the Lower House of Convocation, against the Right Reverend the Bishop of Sarum, Dec. 15. 1704. The Complainer reproved, in Answer to a partial and unreason- able Preface of the Publisher of a Representation made by the Lower House of Convocation to the Archbishop and Bishops, with his Grace's Speech on that subject, deliver'd in Convocation, A pi. 3. 1704, and the aforesaid Representation at large. 4to. 1705. [By Edm. Gibson, D. D.J The Complainer further reprov'd, in the Observations made by the President and his Suffragan Bishops, upon a Paper presented to them by the Prolocutor of the Lower House, Dec. 1. 1704. and his Grace's Speech, March 15. 1704. together with several Papers from the Lower House, to which they refer. 4to. 1705. [By Edm. Gib- son, D. D.] A Collection of Papers, concerning what hath been transacted in the Convocation summon'd A. D. 1702. and dissolv'd 1705. 410. J7°5- A Continuation of the Faithful Account of what pass'd in Convo- cation. Numb. IV. Apl. 3. 1705. Proceedings in the Present Convocation relating to the Dangers of the Church, and the Protestation against the Irregularities of some of the Lower Clergy. 4to. 1706. His Grace the Lord Archbishop of Canterbury's Circular Letter, to the Right Reverend the Lords Bishops of his Province ; in which is inserted Her Majesty's Gracious Letter to him, of Apl. 8. relating to matters in Convocation. 410. Apl. 18. 1707. An Account of Proceedings in the Convocation which began Oct. 25. 1705. so far as it could be given, by reason of the Concealment of the Acts of the Lower House, and the Prolocutor's refusal to transmit 'em to the proper office. 4to. 1706. by White Kennet, D. D. An Account of the Proceedings in Convocation, in a Cause of Contumacy commenc'd Apl. 10. 1707. [By Edm. Gibson, D. D.] An Account and Defence of the Protestation made by the Lower House of Convocation, Apl. 30. 1707. in behalf of the Queen's Su- premacy ; together with some Reflections on an Account of the Proceedings in Convocation in a Cause of Contumacy, lately pub- lished. 4to. 1707. [by Francis Atterbury, D. D.J 352 APPENDIX TO THE EDITION OF 1854. Some Proceedings in the Convocation A. D. 1705. faithfully re- presented. To which is prefixed, an Account of the several Ineffec- tual Attempts, made by the Lower Clergy, towards quieting all Dis- putes, and Proceeding upon Synodical Business. 4to. 1 708. [By Francis Atterbury, D. D.] AN INDEX REFERRING TO THE MOST REMARKABLE MATTERS IN THE FOREGOING REGISTERS OF THE UPPER HOUSE, AND JOURNALS OF THE LOWER. [The pages referred to are A. Articles (xxxix) debated, page 145, Passed, 147. Archbishop's going from Lam- beth to -St. Paul's, the first day of convocation, 146, 164, 167, 200. Assessors to the prolocutor, vid. Prolocutor. B. Beale (doctor) a member of the lower house, threatened with censures by the archbishop, upon a complaint against him in parliament, 187. Benevolences of the clergy to the king, over and above the ordinary subsidies, 182, 183, 186. 190, 214, 255, 266. C. Calendar of the Common Prayer revised, 217. Canons begun, 177, 182. finish- ed, 190. laid before the coun- cil, 193. read, and passed by subscription, 196. Canons of 1640, revised in 1661, 221, 222, 225. Catechism examined by a com- mittee of bishops, 153. con- firmed by the lower house, 159- Causa convocationis explained to the bishops and clergy by the president, 147, 165. GIBSON. lose of the present edition.] Certificatorium of the due execu- tion of the mandate, exhibited to his grace by the dean of the province, 147, 164, 202. Certificates of the other bishops exhibited to a commissioner appointed by his grace, 148. Commination service in the Li- turgy, 218. Committees of both houses ap- pointed and ordered in the upper house, 176, 177, 179, 193, 203, 206, 208, 209, 219, 239, 240, 264, 265. Committees of bishops, 153, 158, 188, 191, 193, 210, 215, 217, 220, 222, 225, 226, 228, 229, 230, 232, 234, 235, 236, 258. Committees of the lower house ordered by the archbishop, I 77>. I 83- Committee of the whole house ordered by the archbishop, 184. Committees (i. e. the names of the members chosen) notified to the upper house, 176, 177, 183, 210, 236. Common Prayer, vid. Prayer. Conference, 219. Consecration and ordination of deacons, presbyters, and bi- shops, the form revised, 217. Consecration of parish churches; a form thereof compiled, 228, 234. 235, 237. a a 354 AN INDEX TO THE Constitutions for collecting a subsidy, 258. passed, 259. Contumacy for absence, and the schedules thereof, 148, 164, 172, 203. executed by the archbishop upon the inferior clergy, 253, 254, 261. threat- ened to be executed, 271. pro- nounced in the lower bouse by Dr. Yale, as his grace's commissary, 157. Convocation, the opening thereof, 151, 164, 170, 200, 244, 262. sitting after the parliament, 184. divided into two houses, 165. Counsel advised with in convo- cation, 186, 188, 195, 223, 229, 255. Courts (ecclesiastical) reformed, 194, 195, 209. D. Disciplina (capitula de) brought in, 147. completed, 158. ad- ditions made, 158, 159. Dissolution of the convocation, 197, 262, 275. E. Elections tried, one in the upper house, another in the lower by the prolocutor, 246, &c. Excommunicat . capiend. (breve de), 187, 189, 190. Exercises to be performed by ministers, 252. F. Fees unjustly detained from the clergy, 185, 186. G. Goodman (bishop of Gloucester) protests, 191. suspended for not subscribing, 196. Grammars to be used in all schools, 233, 234, 238, 239. H. Habits of convocation, 164. ;*3 I. Jesuits ; canon against them, 177. K. King's thanks to the convoca- tion, for their care and pains in preparing canons, 193. his letters to the convocation,i87, 190, 214. L. Licenses from the king, 175, 182, 184, 207, 208, 209, 214. Lower house directed to proceed upon particular business by the archbishop and bishops, 156, 166, 175, 176, 178, 186, 187, 188, 190, 194, 195, 205, 206, 207, 208, 215, 216, 218, 226, 235. go up voluntarily, 154. i5 8 > *59» !7 6 > I 77> l86 > 187, 189, 191, 192, 194, 268. bring up and return business, I53> 154, 158, 159. l8o > l8 5» 186, 187, 188, 189, 190, 191, 193, 194, 195, 219, 231, 236, 256, 268. M. Mandates from the archbishoji for summoning a convocation, 167, 198. N. Notice given to the upper house of persons chosen for com- mittees in the lower. Vide Committees. O. Oblations unjustly detained from the clergy, 185. Offertory at the opening of con- vocation, 164. Ogleby's Bible, 207. Ordinations determined to the four seasons, 229. not to be performed out of the diocese without letters dimissory from the archbishop, 230. P. Parliament ; prayer for it made in convocation, 177, 180. thanks from the lords in parliament to the bishops and clergy, for their care and labour in re- REGISTERS AND JOURNALS. 355 vising the Common Prayer, 227. point, whether lawful for bishops to sit in parliament in cases of blood, considered, 223. Petition presented to the lower house, laid before the upper, 191, 194. from the clergy in the Isle of Wight, 238. by the bishop of Norwich, 239. from the lower clergy to the house of lords, in the case of a money bill, 270. Pluralities, 273. Praeconizations, 246, 261, 264, 266. Prayer (Common) revised, 215, 216, 219. preface to it, 218, 220. general thanksgiving, 220. general revisal of the whole, ibid, subscriptions to it, with the preparation of a form, 220, 221. act of parliament for establishing the Common Prayer, debated in convocation, 223. alterations made by par- liament in the Common Pray- er, debated in convocation, 226. orders for printing the Book of Common Prayer, 227. appointment of a supervisor, and correctors, ibid, thanks to the bishops and clergy from the house of lords, for their care and labour in revising the Common Prayer, ibid, method of dispersing the books of Common Prayer, 229. Prayer (form of) for the king's restoration, 205. for the 30th of January, ibid, for the 5th of November, 230. the three foregoing forms brought in and approved, ibid. Prayers at sea, 218. Prayer before sermon [unica for- ma precum], 218. Privilege, breach of, 187, 188. Prolocutor or referendary chosen, by order or leave from the archbishop, at the beginning of convocation, 147, 148, 165, 166,172, 202, 244, 262. chosen in the middle of convocation upon the promotion of another, 224, 225. chosen upon death, 240, 241. Prolocutor recommended by the archbishop, 147. presented to the archbishop and bishops, 149, 174, 204, 224, 240, 24.5, 263. office, 166. assessors ap- pointed by him, 246, 254, 255, 264, 266. comes alone to the upper house, 177, 185, 186, 187, 256. confers in private with the president, 192, 193, confers with the president and bishops, 258. Prolocutor sent for, alone, with a certain number, or with the whole house, to the upper house. \_Reverendissimus, Sfc. Voluit et mandavit prolocu- torem ad se accersiri, fecit ad se accersiri, jussit prolocuto- rem coram se et confratribus suis vocari, Nunciatumfuit domino prolocutori de volun- tate reverendissimi, fyc. quod ad se accederet, 8fC.~] 149, 153, 156, 174, 176, 182, 184, 186, 187, 188, 190, 192, 193, 205, 206, 207, 209, 210, 214, 215, 216, 218, 224, 226, 227, 235, 238, 240, 250, 251, 253, 254, 255> 257, 259, 264, 265, 266, 267, 269, 270, 271, 273. Prolocutor dismissed by the arch- bishop and bishops [Dimisso prolocutore, eis dimissis, 8fc.~] 149, 156, 175, 176, 177, 178, 180, 183, 185, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 205, 208, 210, 214, 215, 216, 219, 224, 225, 236, 239, 241. acting by a deputy, 157, 251, 252. 356 INDEX TO THE REGISTERS. &c. Protestation, 191. Proxies ordered to be brought in by the archbishop, 255. Psalms revised, 217. R. Recusants, canon against them, 187, 188, 191. Residence enjoined, 273. S. Schedules of continuation. At the conclusion of every session in the upper house books. Schedules of reformation, 145, 246, 252, 264. Silence enjoined, 178, 179, 265. Socinians, canons against, 189. Subsidies, 153, 157, 175, 176, 235. 2 3 6 - Subsidy bills reviewed and cor- rected by committees, 177,179, 235. 253, 254, 255. read, 256. passed in form, 157. Subscription to the Book of Common Prayer, 220, 221. Subscriptions to the thirty-nine articles debated, 229. Substitution of a president, 145, 153, 160, 161, 178,201, 202. V. Visitational articles, 210, 225, 226. W. Welsh Common Prayer, 191. Westminster, dean of, protests his appearance in convocation to be with a salvo jure to the rights of his church, 147. Westminster, protestation of the church of, 174, 203, 204. Writ of prorogation, 232, 238. of dissolution, 261. Y. York, the archbishop and bi- shops of that province in the convocation of 1661, 210, &c. DATE DUE 1 GAYLORD 1 1 PRINTED IN U S A.