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PRE FACE. xiiit cripplo tho pomer os convocations and to relicuo homsrom tho dis hargo of thoi mos important nuties, thoro stillromnino to thom tho sic of providiti subsidio froin thogreat and wealthy body whom the reprosento d. his ossicotho fulsillod during the mos trying period of the monarchywith constant and unabato loyalty ad vancinitarge sum byWay of loan, taxing theniselves to a great amount for ternis os years, an grantita in severa instances lavishly, and in otio instanc fatally, a re bonevolen o It is a sac morti observ-ing, and only tot explaino by thesacknowledgod connectionii intores an in existenco etwoen tho church and thethrono that hos imposis, though frequently attonde With great ardshil' Were freel votod, and so tho mos part ore rondit puid But a benevolone Was a method of aising supplies Whicli eam recommonde to the fover ign by tW most important advantagos. It was palesto him dirocily, and without tho liabilit of his rondering any account of it, and whathocame a last iis mos perniciolis attribute--it didio require, as ali common subsidios id, o bo confirmod an loviod by authorit os partiament. It was oris orcedi means of the wea- pons of tho Church and as excommunication was fuit os terrors, both spiritual and temporal, to ali hos froni,hom inobenevolenco,tis to e collected, it neede no assistanc fromtho common penalties of the law. This,as the measuro towhicli rocoui se a had by Charios I. in the ear 164o and archbisho Laild, ho was ainfuli alivo o nil tho consequon os os tho approachiniconflici bulladio dui ostimated tho rotativo strengin an insuunce of the combatanis, recommon led that tho bonovolcnco fhould e alsed, and soli his precedent rom a simila proceo clinio archbishop litigis in 1585, hei tho salous of the commons could o bo os fondod, and tho prorogative os the crown was undisputo d. Tothis ac os archbishos Laud above the ther conspiring cauSeSo that ouenisu portod may bo ascribod the completo an dis- astrous alionation that ollowod botwconcilio churoh and tho
Thohocolloctior of this important casuro, and of the great constitutiona interest involved incit, furvivost the long interva o di sordor, and lo a the seriod of tho restoration to ano aera in tho histor os convocations. At persons, Whothor
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promoting tho Wolfar of tho churchis of the state, appearedio acquiesce in the necessit sor soni change, to provent theoccurrence of an futuro contest be eon in clerg and tho Commons The ne party naturali suggested that an unis orni system o taxation ens orced by the sam authority, should prevad throughout the ingdom an in other readit acquiesced in a proposai, which no oni dispense equa justicet ali parties, but in doinis retiove their o v adherenis homireat oppression The experiment moreover ad oentrio during the protectorato, an harin been considerodsuccesssul had createx kind of necessit in iis favour Thoclergy ere Ware that by surrendering this right o sol taxation the were bandoning many disputabie retensions of theti prodecessor in orde to accomplisti an arrangementos realises ulness; ut the probabi did not oreseo tho ultimate consequences of their measure, consequences, hichthough remote ere unavoid te, commen in in the immediate disparagomen o ali church synods, and terminatiniinthei virtua annihilation. his arrangoment, adopte by alipartios taciti a the time, an neve confirme by an sussicient authority legislative o synodicat, has since, like Wild planis in an intricato forest, boconio intermingled With provision o acts of partiament, and takon sirin roo among them; being, a bisho Gibson has observed the greates alteration
ance On the was irksom and harassinito the loWer clergy: and it Was ni the sense of thei constitutiona importanee, and tho soa that in churoh ould ose iis prope influenc in the counseis of the nation, Whicli ad an part destre that convocations hould stili maintain a decent an determinato existence A time o great trouble followed, hon ali hoonergies of the cliviaeli mero necded, and iis individua member entering boldi into the conflict wore the means o savingboth tho h ch and the state fron impendin destruction; and et convocations continue silent. The revolution Wasoflected, and ne oscit immediate consequences a to bring
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Verninent, anxio invest them With an unusual degroe of influ- nco and authority. Anu thi Was procisely the period whona man o active an resolute spirit, devotet to tho causo fchurch privilego, and inflamed with ompora ambition, Would sinu an ample sold for his xortions and a largo od o sollo er ripe se extremo measuros. The discussion had atroady
stations an exercise a commandin influonce, although howas finali di ven into anishment. During tho fame intervalthere,ere also times When unde the advantage of the royalfavour in convocation was callexupon to transact important businos in connection,ith huith disciplino. ut tho oud botWeo the w housus, Which Attorbur had studiousi car-ric t extremities, ad sim doe into in memor os thonation, and ainte in public opinion the vor natur os a
Anubet it appoars that in his protracte contes thyblamo bolonge exclusivoly to the lower clergy, Who Sough in opposition to ali ast practice to obtain an acknowledgmen thatthei hous Was coordinato in ever respect with the hous of
commons in the constitutionis a partiament. The poliat onwhicli ho practicali insisten ero the right os doctaringinei own alournments of holdin intermediate sessions indopendenti of the prorogation issuinis roni the prosidoni, and of domandinia fre consereno belWeen tho tW houses. But the questions that were mos carnosti debated, and theright udgmen to e forme respecting them ma be suens rom the solio niresolutions adopto in tho ourso of the contes by the bishops, resolutions, hicli,ero intondo atone to proieci the upper holis froin the assavit of tho lowor clergy, and the convocationis large froni the moro formidabieencroachments of the civi pomor.
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'Tho lippo hous having obsorved that in mos par os thos utiliappy disseruncos hicli avo arison etween thebishops and clerg concerning the method os procoedin inconvocation, have been occasioned by a ron notion os theconvocation's linia partimentar assembly and that thes ornis of sittin and doinibusinos ought to e regulato bythos of the partiament have thought it necessar to auSetho record of our provincia synod an convocation to beexacti soarched, and an Xtracto b drawn froni thetico ostii customary method of thei meeling, acting, proroguing, and dissolving, as Wol ibes ore tho Ac o Submission 25 Hen. VIII. c. 19, a sinces; illi prope proos io suppor the trutho ovor articles and avin dul examine and considerentho fame have thereupo come to the ollowing rosolutions It is in opinion of this holis that tho constitution foui provinciat synod and convocations is in many particulars vor dissoron froni that of the partiament. is That it does no appea to this holis iapo the strictest inquir the caii mal e that the convocationis synod provincia is an whoro in ur record called by the nam os a par-liament spirituat; orian e sinu in those record any groi indsor an such ille. That both tho mordis adbourn mons and tho hinimeant by that word, a distinguishod rom prorogation, are utierly
use of in anfroya writ soni to the convocation, buboni in the 19th of hing Jamos I. and then, a me conceive, by the ignor ancem inadvertoncy of the cierk vh dro the writ). Andin tho exocution os it made in the ther province, hos actsalone of that ea remnino us the convocationi sued iis oWn method, and was prorogued by the commissar of thoar libishop, as usual thereus On. q. That ali the continuations o ou convocations or synodsprovinciat, a tho are in ur record calle prorogations Soare the properi suctici and the continuance of the busitiessbes ore thoni from ono session to nother, depend not ponan imaginar distinctionisi v eon alournment an prorogations vhicli, tali to bo no vi coine to serVe a prOSent
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purpose, but pon tho authorit an intention os the arch bishop, as resident of the assombly, to continue both themectings, and the assair of them, rom time to timo, in statu
5. That tho quod by he writ oes no et ther assemble, Prorogue, o dissolve in convocation, but direct and requiretho archbishol sorio do. i. That tho royal Writ os prorogation havinino Word in itinat roquire tho archbishoprio ut an onda in busines of
the convocation, but requirinthim on the contrarnio prorogueit modo debito t. o. as e conceive, accordinito the received custom, and usage of convocation inis graco is in suli possessionos his ancient an undoubted right to continuo the usinessan troatin of the convocation as his predecessor haVe, timo immemorial dono. That the archbisho continuing the convocation upon theroya Wri in statu quo nunc est, asino doc in ali his thorprorogations the convocation must theret, meet undo thosam right an capacit of oinion,ith the usiness, ascit would have done d the prorogation ad been made Without an such Writ.
I. That it is o Hut to supportali true and ancient constitution o ou ecclesiastica synod o convocation. Whicli
were es ore the statute 25 Henr VIII. c. 19, an ought tohavo been though that statute had neve been made, hyet,ecannot so far consent to alter the nature an condition ofthem, a to deprive thoni of that ecclesiasticat authorit thoyconfossossi liadae ro the mal ing of that statute, and wo con- colvo ought stillo ei oy no illistandiniwhat has contherob dono to limitis rostrain tho exercis os t. Anotho dissicult whicli osse convocations incidentally, assocting thoi character at ali times, an atrias contributingi shorton their existetice, Was the ossico os condomning horolica publications. At an Carlior serio this ossico ad dondischargod by tho our of high commission and the stat of public coliniat the timo, conspiring With the supremo authorit and tho malchios vigour of that couri, musto such om)ncoso rare occurretice, and provented them, Wheneve thuy
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Whether the possessed an jurisdiction in such matters Their doubis ero confirme by severa legat opinion that exegive against them and it Was not ill the year 1711 Whentho memorabie cas of Whiston ad roused in spirit and Strengtheno the resolutio of the clergy that in t etve judges Were commande by the queon to give thei opinionon the subjoci, and ight of thoi number togothe wit theatiorne and sollicitor generat, declared themselves in favour of the authorit os convocation. In tho ids of the warsarethen aginibotwoen tho tW houses, these question te tofurther discord in some instances, and o aleatous cooperationi Others. Among the mos remarhable more the cases of
great scandes of some forme controversies, and determine toprotect a prelate, Who Was the earnes advocate of their o vn opinions. Fro that da in convocation appears o have been doome to a perpetuat silence. Aster his genera narrativo some observations Would seemto e require respecting the relations of the , houses toeach other, and of the whole od to the great authorities of
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president of the wholo bod possessed his own individual iri viloges 'ut the uppe house, With in president a iis hoad, had the right o dolorinining the sitiings of the omer clemy, of assigning the busines to e repared by them, o cassingse thola assistanc in committeo, and confirminithoi olectiono a prolocutor. The loWer clerg could present potitions containing complaint o suggestioris, could osse amendmentso tho propositions of the bishops, o rende thom os, essecth, finalty dissentinifrom them. An this disparily resultod naturali fro the authorit possesso by the bishops individuali ove thoi respective presbyters, froni in higherkind of sacreduos attachinito their ordor, Whicli, though notopeia maintainod illisua tho ondis Eligabothys eign, Wasone of the constant principies of her conduci, an fro the constitutio of early synods, consisting, a the did, of bishops and prelate only tho loWer clergnharing been callud together originali se advice an counsol, and not acquirinia distinc and permanent intores tili tho woro ound useful forine purpose of grantinisubsidius. It was obseruod accordinglyin queen Misy' roignin With What ostines the bishops, sewas the were in number carried it toWard in loW0 house; and the canon os 157 1 upon' Whicli it Was fuit agrood in the synod by the lor MatthoW archbisho o Canterbu , and allatio res of the bishops of his province,' speah expresstyos constitutions a made by the sole authorit of the arch-bishomandinis suffragans.
The archbishop ad a veto on in them for thei absenc in theres measures, a privilege hicli e cases of admittin or refusing also retaine sor imself, heneve proxies and of determining con- anothermistio preside sortim he troverte elections. had the right os giving leave os ab Uitrype, em. Ol. iii P. i. P. 5.sence to the member of the lower in Strype, Parher, Ol. i. p. 6o. house, and of absolvinior punish Se infra, P. Iaa.
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But a more important question was the relation subsistingbelmeen a convocatio an a partiament here it mustbe remembere that two largo parties in the commonwealthma set ut in their How of Ovemment fio tW opposite
principies, the ne maintaining that by acla o Christianity, ad question relatinito religion, Whether in the way of doctrineo os discipline, musta notormined by the chureli, the thortha by acla o natu se ad question Whateve assocting the interest os societ must o dolormine ovoninalty by the supreme legislaturo. It is eas to conceive that occasions might aris seo cases of a lae nature hen these Wo principies Woiadae brought into dangsrous confici and that in such cases no remed could e found ut the prudence, Whicli train and modiues them a the occur, and reat themthroughout the whol period of thoi existences in extreme caution and mutua sorbearance. An suc appears o have been the conduci, that has generali been pursued With regardio the opposta clatas of convocation and partiament. Asearly as in the ear 1547 the lo ver clerg petitione thehous o commons that accordinito the ancient custo osthis real and the tenor of the Eng's writ for the summoniugo the partiament, the clei gy of the lowerinouse of convocatio ma be aloine an associato,it tho lower ous os partiament; or eis that ad suci statutos an ordinances asstiali e mane concerning ad matters of religion and causes ecclesiasticat manno pas Without tho sigh and assent of thesaid clero.' In the year 157 1, When the XXXIX articios mereunder in consideration of the commons, and it appeared to betheir Wish to omit a certain number of them, archbisho Parherremonstrated With thei committeo, and suggested that in thewhol of that matto tho fhould defer to the udgment of thebishops In like manne queen Eligabeth repeatedlforderedinat bilis rogardinitho church should rst be approxed by the clergy hinguamos Ι, Wheu heriound the commons dealini in the perilous subjectio excommunication destred that the would rs confer illi the convocation respectiniit: an Eng Charies I. empoWere in convocation o 164 tocontinue sitiing astor the partiament had been dissolved, and
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o Mr Wontworth, that tho would pas nothin Without eXamination. The repliod to tho ordor of queen Eligaboth With assurancos o dulis ut submission, at the fame time pro- ceedinisteadit in thoir moasuros fili ch resorm. Becomemore old unde a wenker fovorsig tho declare the conferenc recommended by king Jamos tot unprecedented and derogator froni thei privileges, although the were Willingi consor With tho bishops a lorus o partiamunt But a betate conclusion a b dram fro thoir conductis tW subsequent occasions When in church and tho stato ad ecnbrought into actua collision, and tho mortis of tho holequestion Were mors distinctifunderstood. In the year 1662, When the changes ad by tho convocation in in book of Common Praye were debato in tho ous o commons, it
Was decided though ni by a sinat majority, to adopi them thout xamination and with a stili greater deserenco toth authorit of the church, in the year 1689, When the bili os
comprehensio Was bos oro the commons the petitione thel inito summon a convocation, a the more prope assemblyse discussing occlesiastica quoslions. In his sentiment thelord astorWard concurrod, and a j oin address vas presentedio the throno prannithat accordingy to the ancient practice and usage of this ingdom in timo of partiament, his majesty vould bo gractousi ploasod locissus sortii hi Wriis, as oonas convenienti might e se callini convocatio of the clerg of this hingdom, to e advise With in occlesiasticat
Novertheless, although tho rea sonabi clatins of the convocation have been practicali admitted, and tho procedent that wouldie quoto in thoi saxour aro at onco tho mos recent in their occurrunce, and the mos distinc in thoi declaration, it is clear froni tho natur of th caso that the partiament possesses
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an exclusive jurisdictio in most matters and a decided superiori r in ad Minon the subsidies of the clergy,ere sermurly imposed by themselves, the stili could no b lovise in hocustomar manne Without the authorit os partiament Theoni prope punishments by whic at an time a convocationcan ensor erit ordinances areis a spiritua nature, and Domthe character o different offences aro eas liuoly ma esse tivo, Where there is reates need of them Theschurcii indoed gh easit retiove ise so the incumbrance of sue offender ; ut is meas es of that nature mere properi Mihin iis province the individual Would stili continue member of the civi community, and Would es require a Meate superintendatice, because the had Hready for ited in ordinis and mos persuasive means o reformation. It has alWay theresere been ought to inite excommunication,it penalties ofa civi origin employing the prompt an personat meas es of tho la to suppor the tard an argumentative correctiono the spirituat couris. An is reco se a gladi ha toprovision o acts of partiment, Wit equa gladnos di thehous o commons osse thei assistance, that the might throw in i Duor ove in rival legislature. Honce has sol lowed a natural and inevitabie tendetic to placo the regulations of thechurch a much a possibi unde the protectionis the statute, and olive strense an cogencyrio liturgies an isticles of Lith by means os an ac o partiament, although the had atroad obtainod Diodicat autho ty. In his tendency, vlewed in iis ominature, there is nothin testamen or complain os The rue member of the churchio no require thesanctions or ensor ements of the state, ecause the have Hready complied Wit the decrees of a convocation e re a question ca aris a to the applicatio of the statute Butthere are other of iis members, Who Would sharo in iis privi-
leges Without ahing par in iis durios and i When the churchlias been sotin insuffcient to copo it this latior clas oschurchmen, in state hould bo induce to deat wit thom, constraining them to live accordis to thei profession, butlea fing them to prosos accordinito their se judment, itis tho ac of the state providinisor iis οὐ interesis, and the sdom o tho soli oscit must be iven to the agent. Frominis interpositio however of the statute la a rescit has prac-