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in opposition to the wishos of the clergy, but at the earnes solicitation of the ous os commons and the genera ac of pardon, Which also passed in the partiament of the fame ear, an might havo oon xpocto tociliciter in clergyis tessthan common criminals cspeciali Oxceptod ali osseuces against in statutos os provisors and praemunire. Whils tho tori a thus colle ting in iis strongili, theCΟnVocation a Vaini endoavom n to scapo froni it bymahinisomo inesse tua attempis at the reformationis abuses, and by romitti ni loan whichahe Ling had formori obtainodhom them. In the fossoWing year, however a Soo as he had ordorod a translation to bo ad of the o Testamen into Englisti, and ad issued a proclamation orbidding the exercise of an papa authorit Whatove to tho projudico of his
prerogative, it ecam evident that no time a to e lost. The convocation of tho outher province purchased their securit froni the praemunire at the rice of Oo,oool. and
by a stili mors galliniconcession acknowlonge tho in tobe tho protector and supremo ord and hoad of tho church and clerg o England B thes timet measuros the obtaineda complet indemnit for the past. But Honr had stili other an more important objecis toaccomplisti Foreseein great angor to the stato, i ho diuno require the fame subjection to himself,hich hadaithorto been yioldo to tho pope ho resolvo that the logislative authorit of the church should bo curtailod, and that iis holojiu isdiction forcilio futuro hould originate and nil in thocrΟWn There,ould he a porsuaded, o littio bonos tollimsol or his subjecis in hahingissilio oppressioni a foreignyoko, Dat the samo timo a rival logislaturo fhould hau boon stablishod Mihin the empiro iself, indupondent of tho secular
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certinim eas es os resistanco. In the partiament that me in January, 532, the strange relation no v subsisting etWeentho hurch and the stato ore frequently and earnesti discussed The hole question a ultimatel la id es oro thohinii a petition presentexto hi in by the hous o commonso tho 18th o Marcii, and containing together,ith the State-men os otheririevinces, tho solio nirepresentation Thati tho lorg of thisbour reali beluiyou highness 'ssubjecis, in tho convocatio by thom holdon,ithin his ourrealm have made and dati mali sanctions o lam concerning tempora things, and so me of them e repugnant to the lamsan statutes of you realin no ha vinino requiring our mostroya assent to the sam iam so by them mado, nettho any assent orono viedge of ou sal la subjecis is ad to thos amo, nottho to them publisho an known in thoi mollior longuo albet divers an standry of the sal tam sexton incertain causos o our Scellent person, ou liberi an prerogative royal, an to the interdictio of your land an possessions and so like vis to the good an possession of youria subjecis, declaring the infringor of the iam so by thom
mado no orat lo incur into the terribi sentence of excommunication, but also the detestabi crime an si of heresy; bytho whicli divors of our mos humbio an ob dient a sub-j et bearought into his ambiguitv whether the mando and
execute ou iam ac ordinito our jurisdictio royal of this reaim, sor drea of the fame censuros and ain comprised intho amo tam so by them made in tho convocations to the great troubie and inquietationis 3 ou said humbi and obedion lay subjecis, an to the imp0achmont of our jurisdictionand prorogative royal. V This potition aving been referred by tho kinito the convocation which was then sitiing, an anfra er a prepared by that Od with tho vis os conciliatinitiis favour Without surrendering the independence of the church, and was de- livored by enr to tho ous o commotis astor he had himself oxaminon it, With a plain intimatio that it mas notsatisfactory. Knowing the sentiment of thei roya master, and se ling the Oxtremo dange of thei situation the convoca-
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tion no addrusso thom solvos o him in person declaring thoi specia trus an confidonee in his excellent, isdomand incomparabio carning,' and promising during his naturallis esto fori, a Dom mahinior ens orcinian constitutions Without his roya licens and approbation. his promise Wa evidenti constructo th a vic t iis eing Withdramn at afuture period, and was also expresse With suci a reservationos immunitios and libortio that a degre of suspicion asthrown upon iis immodiato boarings It was et illi thesperemptor domand that no constitutionis ordinanco halibe heroas te by the clerg onacted promulged, or ut in X-ecution utiles tho ing's iglinus approve the samo b his high authorit and roya assent, and his adrico and avour bealso interposcd so the execution os ovor such constitutionamon his ighness subjecis. V An this demand was instanti followed by a measure prognant With the mos serious Consequences O the nox day, Ma ii 1532, the Lingsent the ollowinimes sage to the hous o commons Vehthought that he clergno ou reaim ad been ur subjecis Wholly biit no we havo wol percoluod that tho boaut halfour SubjectS, yea, and scarcemur subjecis For ali ho prolates a thoi consocration mali an ath to the popo ciean contraryto the oath that tho mali to usu so that tho se in ora his Subjecis an notis urs. The copy of both the oathses dolivor here o ou requiring ou to invent om order, that, beno thus deluded of ou spiritua subjecis. VOverpowered by a necessity from, hicii tho had in valuendeavolare to scapo an compellen to tos thei sessionabrupti by the appearance of the plagite, the convocationagre et to tho ac o submission an profontei it to the ing
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vi RE FACE.our judgmen thoclearninio ad thoraings and princes that we have reo os an doughtin nothinibu that the sameshali stili contino v and datio increas in ovi majeSty se Stdo ossor an promis in orbo sacerdotii here tanto our ighness, submitting our eis mos humbi to the fame, that powil nove Domaoncosortho enaci put inire, promulge or X-OCute an neWe Canon or Constitution provinciali, o any other ne e ordinance, provinciali or synodali, in ur ConVocations o synodo, in time comyng, hi h convocation is,
assent hal lycense uso assemble our convocatio an tomahe, promulge an execute suci constitutions an ordinaments a stiali e mane in the fame, and theret give o royali assent and authorite. Secondarily that Wherea diverse of the constitutions ordinament an canon provinciali Or
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put in progress so the purpos o completiniuio separationbetWcon thychurches of England and Rome the Linigave his assent to tho ill Whicli ratisio tho submission of the lorgy. Thoi ac is xpresso in stat memorabie statute et Henry VIII chap. 19. in the folloWinimantior: lebi thorosor no onacted by aucinoritie of this presentpartiament accordinito the sat submission and peticionis thesaid clerogy that tho ne enny of them hominencos urth shali
Presume to attempt, lege clayme or ut in ure an constitu-cion or ordinancys provinciali or inodalys, or annother c nons, nor hali enaci, promulge or execute an suche canonS, constitu tonsi ordinannce provinciali, by Whatsoeve nam ornamos tho may be assed, in thei convocacion in tym com-
moste rotali assent and licencerio malle, promulge and execute Suche canons, constitvcion an ordinanncys, provinciali or
contrary to this ac and 0yng thereo convicte, o sussor em-PreSonament, and mali syne at tho Ling s widd. Froin theso ord it is vident that the Ling a doler-minod o bin his fotior in suci a manno that no strengilior artifico on tho par of his prisonor hould nablo him to scape froin them and weano froni the subsequent histor of
The ac goes on to constitute the commission of thirty-two person accordin to the suggestion of the clergy, and terminates,ith the
aunt nor repugnant to the laws, statutes and customes of this realine,
perSonS, O the more part f them, accordinito the tenour, Durine and
effect of this present acl. V O suchrevision has ver been completed; an it is to this proviso that thechurch o England is indebled fortite interes it stilli possesses in the constitutions of Opes and the ordinan es of papa counciis, an fortha peculia darknes whicli stili continues t brood ver ecclesiastica larus. The busi nescupon his head V says Burri Eccl. Law. Pres. p. xxiv. mus besto inquire, firSt, what is the canon a vispoia nypoint; and then to findisiit ho farthe sanae a received here e re the sat statute; and then O Ompare the fame With the common law, and with the statute law, and withthe a concerning the ing' prerogative whicli is also par of the common law) and Dom hende illcome ut the genuine tu os the
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the church, and tho many fruities attompis,hich have been madesto obtain a relaxation of them, that in Ling' design hasbeen eminenti successsul.
The ossori producod pon the constitution os an Englisti synod by this otia ac of the convocation and the partiament may b stated in the word os archbisho Walio: Ming Honr in VIIIth eing rosolvon to tisis in hand of the clergy that so thesmight notio in a condition os mahing any considerabis opposition to his designs in the rs place bytho latitudo of tho word Convocation, Which Wasio indisseronti applied to an Lindis synodica meetinios the clergy,)rostraino them froni assemblinit, an ecclesiastica sum- mons, without in authorit of the ing's writ; and thorebysecure himself, that not ni no state convocations, ut noprovincia counciis hould bo held against his consent Buthocauso it Would bo necossar sor imo cali in clerg to convocation, in orde to the alsinios hos subsidios ponthom thoro, Whicli the had not et been accustomed to grantolsoWhoro and that oin me in convocation by his rit, the might there procoed by the consent an authorit ofthei metropolitan, o ac synodicassy Without an leave granton to thom by himself sorio do theres oro to secure iniselfagainst an dangor on this fide os, it Was furtho providenthat tho fhould no froni hunces orti attemptis mahe any canon or constitutions provincial ithout in Ling s ostroya assent an licens a Wol to mali as to promulge and executo the sanie. So that no the olerg being come together in ne capacity by virtuo of the ing' Writ, could not
a bes ore the might have dono by the sole permission ofthoi archbishop, Without an assent or authorit fro tho Ling, procee to ac in another; ut must as,oli avo his licens to mali canon when assembled in convocation, as his writ to authorige the, tropolitan to assemble them hero.
No this sing tho trus dosignis that prince in lanngsuch a rostraint,pon in clergy, and what his partiament aswel a himsol aimo at in tho statute hicli the made tothis offoci the case of the convocation,ith respecto theirpower of acting, Ioah to e laint thisci that ein callod by tho Ling's writ to assemble in thoi stato capacity, a both the word of it impori, and tho continuance of the lilio serm
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o summons noW, by Whicli the had been Won toto assem-blo undo that capacit heretos ore, do plaint shew, theyare by that writ inpowero not ni t meet, accordinito tho mandate of thoi metropolitan issued ut thereupon, butbeinimet, are ait thorige secet to ac in that capacity, Without an other rostrain tha that one os notaeing an longerat liberi to onsore thei subsidiosa ecclesiastica censures; whicli induod rom thoncos orth the could no do, ecause the wero by this actis nerali restrainest rom mahing any Canon or Constitutions provincia o synodicat, ithout thohing s licenso an no exception o provision Was ad se a liberi tota that in his no caso, Whicli the might no do in an otheraesides. Accordingly, hiis tho contimio to grant thei ou nmoney the had n need os an licensu illic to ibate foro come to a final rosolutio iapon an subsidies for thegoVerninent. The grante them frect a b fores and dre vumthei granis into a solemn instrum iit; and by thei president offerest it unde his metropolitical scal to tho in for
I tho had an adilrossos o maho, or an petition to reson to the isti ops, tho partiament, or the prince the had, and stili havo, a fuit liborty to mali anu to osse thoni. An illas bos oro, fatis sa it necdsul to procoexto an prope Synodicat obates, in orde to the rogulatinios any thing that might be Wantin in tho doctrine or disciplino of th church, hey
'And horo, is es mistaho not the potver of the convocation, a such, determinos. I the mean o procood an further, an to conser no in ordo to a potition sor a license, but asino judges, et expresse it to constitute canons tho mustfirs qualis thenaseivos o such consereno by tho ing slicense or tho Wil come within the penalty of that statuto
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PREFACE.whicli prohibit an such attempl. ut suci a licenso singobtainod the are thereb madu a councillas,ellis a conVocation, and rom thetices orth may aci, Within tho ound offuch thei license, as securet in that capacit a by thoi Writo summon the had authorit to proce est in their thor. VI might easonablyae supposed froni considering the natur of a convocation, a claiminito rei resent in great bostyo tho clorgy that it,ould at ali times se realed a tho logislatur of the church, and bo ontrustod With the grantinios id and subsidios rom tho clergy, and with in onactinent of ccclesiastica laws. ut is, solio the course of it history, w ghal find that in his atterispariment, Which Would scemto come mos properi Within iis province, it has no in realityexorcised iis natura rights. I Was no permitte to pasciis
judgmentis the second Service-book put forti by authorit os partiament in the reignis king EdWard VI , and for this plain reason, that it Would have thrown ali possibio dissicultio in hoWa oscit publication. It was realed vitii more respect byqulon Eligaboth, einiat that time reo froni tho imputationo hostilit to the couri; ut even thon it Was rogardod ratheras a collectio os individual noepi interestod in tho ponditigmeasures, and wel qualifie to give advice respecting them, than a an authorit in an manne coordinate With tho crown. I received greator consideration rom in James I. Who admitto iis laim to se consulted by him o certain questions and practicatly shewed the reat intores h took in iis counsuls. I reached iis highes degre of powor in tho roignos in Charies I. Who, uide at nco by his convictions and his necessities, ave a greator ange and a large authorityto iis decreos. ut throughout the whole of this intorva thorowasio distinc demarcationis it poWers, nor ansacknoWledg-mon that it possesso an independent urisdiction. Newarticles os religio more not Wanted sussicient standard hadalroad beon provide se conducti nitho nationat worshim; tho purposes of church disciplino could for tho mos par boaccomptishod Without employinis cumbrous a machinery; an nothin remaine to e transacte in a convocation X-
copi tho as Whicli in fovereign readit imposed pon his clergy, and the cheerfuit sustained, of raising subsidio forthe exigences of the state. I sollows, heres ore, that astor the
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ratificationis the XXXIX Articles in the year 571 althoughthe convocation o severa occasion dispalched usines of importance, enaclinicanoras, Whicli in ne instanc hau be-
como the sotile law of the church, in another,ere rejected by the fovereign, an in a thir have been verpo Nered by the uniform opposition o public sentiment, iis genera history, froni the timo of the Roformation to tho perio of tho reat rebellion, consisted morol of id an subsidio constantly in- creasing in amount, and carrien a las to the fatal oxperiment
Contrar a these facts might scem to the probabilitios fili case the were in reality a natura rescit arisin paribs rom the condition o a synod iself, and parti froni the many substituto that ero found forcit in overning tho nationalchurch. The powers of the archbishop, reat in themselves, and stili roater Whon viowod in his high statio a tho prosidonio a synod had recently been augmento in the yes of trucchurchino by the r octio of the ope, and the supposed transfer of the mos sacre elements of his ossico to the primate. To id his impression hero as a tradition in thechurch that in ancient timos ho was invested illi tho author-ityi a patriarch and it Was a natura consequenc that Whentho Roman pontifi ha boon strippod of this ac vel as thorusurpations it ould reveri Whatove might e the amount of it, to iis original possessor. In the pariter period accord- ingly that ollowod in Rosormation, Whon tho condition o avisibi church wero generatifundorstood, and the necessit ofa spiritualinead to prosido vor it Was distincti acknowledged, the pomor of the archbisho was a mos essective instrumentsor cliui ch overnnient. Boing also under the diro et an absolute dominio of the ovoreign, conferre accordinito his wid, and liabis to bo suspondo at his disploasure, it Was amos valvable auxiliar sor state ui poses, an contracted by a natura reciprocation omething of the influonce an authorit os in civit ruler. Even at a recent period When anciunt urisdictions hadicon disputo and invaded archbishop nison was strongi urgeri publisti a book of sumit devotion o his W authority not ecaus it was quivalent tolliat o a convocation, but a bella more asil obtained, and equali conclusive in offect among tho member of the church. But a more formidabie eligine so the purpose of church
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xii PREFACE.govornment xvas the cour of high commission which had thodolibi ad vantage of cing authorige by statute, and 3 et testat libortyn dorive iis Neapons seo the inexhaustibi armouryo tho Ling' prorogativo. It was the polio of queen Eligaboth t omplo th authorit of this cour for at the pvi poses of tho clivi h Whother Xocutive or legislative, considering the prelates Whom situ place in it, With the primat at thoirhead asin delegation frona the hous of bishops, and acquiring the hirther advantago o controling thei opinion by means
of the ther commissioner appointest rom monilier umministers. Doubiles this comet, rom the unbounde extento iis urisdiction and the extreme cogenc os iis measures,
vas an instrument admirabi adapte so the hand of an absoluto utor; ut ligaboth seems also' have considero ita capsile of sustaining any eight of odium or resistanc that might b occasione by her rigorous viow of hurch disciplino. Tho Advertisenient that were issued in the ear 1564 by the bishops in commission consistinio ordor so the o vornmcnt of the church, whicli,ere founde iapon o ast sanctions cither legislative or Synodicat, and were not permitte to receive her own sorina ratification, he v, by a memorabie instance, that the queen place no limit upon thoauthorit of that couri, and ad n sear a to any amount of opposition it might me et vitii. An b0yonii an above ad these method o coercion and direction was the suprema of the crown whicli a tho timo of tho Rosormation may bo sati to avo combitio tho rightso an absoluto monarch With tho spiritua dominatio of the pope, and o have been rostraine in the personal oxorcis of tho latio functions ni by it o vn et o sol donia admiti dati confirme by tho legislature. The oath of SupremaCy, provide in tho statute, 1 Elig. c. 1, declared the queen tobe the ini supremo overnor of the reaim, a mel in ali spiritua ann ecclesiastica thing or causes, a temporal; V and thero mas nothinc to exclude her fron hallongin authoritvand o veris ministry os divino servico in the church, untilino expressifrenouncessiit in her I unctions of the year 1559, and allowod her renunciation to be confirmodi an ac o par-liament in the ear 157 1, hon tho XXXIX Articles fr0ligionaecam the law of the laud. But although theso high and rival authorities ere sufiicient