Chapter 1. Of calling or assembling the Convocation of the Clergy, and the Authority thereof when conveen'd together.

ANd in this we are first to know, that anciently the Archbishop of the several Provinces of Canterbury and York were vested with a power of Convocating the Clergy of their several and respective Provinces, when, and as often as they thought it necessary for the Churches peace. And of this power they did make use upon all extraordinary and emergent cases, either as Metropolitans and Primates in their several Provinces, or as Legati nati to the Popes of Rome: but ordinarily, and of common course especially after the first passing of the Acts or Statutes of Praemuniri, they did restrain that power to the good pleasure of the Kings under whom they lived, and used it not but as the necessities and occasions of these Kings, or the distresses of the Church did require it of them; and when it was required of them, the Writ or Precept of the King was in this form following. Rex, &c. Reverendissimo in Christo Patri N. Cantuariensi Archiepiscopo totius Angliae Primati & Apostolicae sedis Legato salutem. Quibusdam arduis & urgentibus negotiis defensionem & securitatem Ecclesiae Anglicanae, ac pacem, tranquillitatem, & bonum publicum, & defensionem Regni nostri, & subditorum nostrorum ejusdem concernentibus, Vobis in Fide & dilectione, quibus nobis tenemini, rogando mandamus, quatenus praemissis debito intuitu attentis & ponderatis universos & singulos Episcopos vestrae Provinciae, ac Decanos & Priores Ecclesiarum Cathedralium, Abbates, Priores & alios Electivos & non exemptos, nec non Archidiaconos, Conventus, Capitula, & Collegia totum & abque; Clerum cujuslibet Dioceseos ejusdem Provinciae, ad conveniendum coram vobis in Ecclesia Sancti Pauli London. vel alibi, prout melius expedire videritis, cumomni celeritate accommoda modo debito Convocari faciatis; Ad tractandum, consentiendum & concludendum super praemissis & aliis quae sibi clarius proponentur, tunc & ibidem ex parte nostra. Et hoc sicut nos & statum Regni nostri, ac honorem & utilitatem Ecclesiae praedictae diligitis, nullatenus omittatis. Teste meipso, &c. These are the very words of the antient Writs, and are still retained in these of later Times; but that the Title of Legatus sedis Apostolicae, then used in the Archbishops stile was laid aside together with the Pope himself; and that there is no mention in them of Abbots, Priors, and Convents, as being now not extant in the Church of England. And in this Writ you may observe; first, that the calling of the Bishops and Clergy of the Province of Canterbury to a Synodical Assembly, belonged to the Arch bishop of that Province only (the like to him of York also within the Sphere or Verge of his Jurisdiction.) Secondly, that the nominating of the time and place for this Assembly was left to the Arch Bishops pleasure, as seemed best unto him; though for the most part, and with reference unto themselves & the other Prelates, who were bound to attend the service of the King in Parliament, they caused these Meetings to be held at the time and place, at, and to which the Parliament was or had been called by the Kings Authority. Thirdly, That from the word Convocari used in the Writ, the Synodical meetings of the Clergy were named Convocations. And fourthly, That the Clergy thus assembled in Convocation had not only a power of treating on and consenting unto such things as should be there propounded on the Kings behalf, but a power also of concluding or not concluding on the same as they saw occasion: Not that they were restrained only to such points as the King propounded, or were proposed in his behalf to their consideration; but that they were to handle to his businesse with their own, wherein they had full power when once met together.

In the next place we must behold what the Archbishop did in pursuance of the Kings command for calling of the Clergy of his Province to a Convocation, who on the receipt of the Kings Writ presently issued out his Mandate to the Bishop of London (Dean by his place of the whole Colledge of Bishops of that Province) requiring him immediately on the sight hereof (and of the Kings Writ incorporated and included in it) to cite and summon all the Bishops, and other Prelates, Deans, Arch-Deacons, and capitular Bodies, with the whole Clergy of that Province, that they the said Bishops, Deans, Arch-Deacons, in their own persons, the Capitular Bodies by one Procurator, and the Clergy of each Diocess by two, do appear before him at the time and place by him appointed, and that those Procurators should be furnished with sufficient powers by those which sent them, not only to treat upon such points as should be propounded touching the peace of the Church, and defence and welfare of the Realm of England, and to give their counsel in the same: sed ad consentiendum iis quae ibidem ex communi deliberatione ad honorem Dei & Ecclesiae in praemissis contigerint concorditer ordinari; but also to consent both in their own names, and in the names of those who sent them, unto all such things, as by mature deliberation and consent should be there ordained. Which Mandate being received by the Bishop of London, the several Bishops cited accordingly, and intimation given by those Bishops unto their Arch-Deacons for summoning the Clergy to make choice of their Procurators, as also the Chapters, or capitular Bodies, to do the like: The next work is to proceed to the choice of those Procurators. Which choice being made, the said Chapters under their common seals, and the said Clergy in a publick Writing subscribed by them, do bind themselves sub Hypotheca omnium bonorum suorum, under the pawn and forfeiture of all their goods moveable and immoveable (I speak the very words of these publick Instruments) se ratum, gratum & acceptum habere quicquid dicti Procuratores sui nomine & vice suis fecerint, &c. To stand to and perform whatsoever their said Procurators, in their name and stead, shall do, determine and consent to. The like is also done in the Province of York; but that the Arch-B. thereof sends out the summons in his own name to the suffragan Bishops, the Province being small, and the Suffragans not above three in number. Finally, as the Convocations of the Clergy in their several Provinces were called by the Arch-Bishops only, the Kings Writ thereunto requiring and authorizing; so by the same powers were they also dissolved again, when they had done the business they were called about, or did desire to be dismissed to their own affairs. At which time by special Writ or Mandates to the said Arch-Bishops, expressing the calling and assembling of the Convocation by vertue of the former Precept, it is declared, That on certain urgent causes and considerations moving his Majesty thereunto, he thought fit with the advice of his privie Councel, that the same should be again dissolved: Et ideo vobis mandamus quod eandem praesentem Convocationem hac instanti die debito modo sine ulla dilatione dissolvatis, sive dissolvi faciatis, prout convenit; and therefore did command them to dissolve it, or cause the same to be dissolved in the accustomed manner without delay. Which Writ received, and not before, the Convocation was dissolved accordingly: and so it holds in Law and practise to this very day.

I have the longer staid on these publick Formes, partly because not obvious unto every eye; but specially to let you see by what Authority the Clergy are to be assembled in their Convocations, and what it is which makes their Canons and Conclusions binding, unto all those which send them thither, or intrust them there. Their calling by the Kings Authority makes their meeting lawful, which else were liable to exceptions and disputes in Law, and possibly might render them obnoxious to some grievous penalties; and so would their continuance too after the writ was issued for their Dissolution. As on the contrary their breaking or dissolving of their own accord, would make them guilty of contempt, and consequently subject to the Kings displeasure; for being called by the Kings Writ, they are to continue till dissolved by the Kings Writ also, notwithstanding the dissolving of the Parliament, with which sometimes it might be summoned. And so it was resolved in terminis, by the chief Judges of the Realm and others of his Majesties Counsel learned, May 10. anno 1640. at such time as the Convocations did continue sitting, the Parliament being most unhappily dissolved on the Tuesday before, subscribed by Finch Lord Keeper of the Great Seal, Manchester then Lord privy Seal, Littleton chief Justice of the Common-pleas, Bankes Atturney General, Whitfield and Heath his Majesties Sergeants, Authority enough for the poor Clergy to proceed on, though much condemned and maligned for obedience to it. [Now as they have the Kings Authority not only for their Meeting, but continuance also; so also have they all the power of the whole National Clergy of England, to make good whatsoever they conclude upon: the Arch-Bishops, Deans, Arch-Deacons, acting in their own capacities, the Procurators in the name and by the power committed to them, both by the Chapters or capitular Bodies, and the Diocesan Clergy of both Provinces. And this they did by vertue of that power and trust alone, without any ratification or confirmation from King of Parliament, untill the 25 year of King Henry the 8. At which time they bound themselves by a Synodical Act (whereof more hereafter) not to enact, promulge, or execute any Canons, Constitutions, or Ordinances Provincial in their Convocations for time coming, unlesse the Kings Highness by his Royal Assent command them to make promulge, and execute the same accordingly. Before this time they acted absolutely in their Convocations of their own Authority, the Kings Assent neither concurring nor required; and by this sole Authority which they had in themselves, they did not only make Canons, declare Heresie, convict and censure persons suspected of Heresie, in which the subjects of all sorts (whose Votes were tacitely included in the suffrages of their Pastors & spiritual Fathers) were concerned alike. But also to conclude, the Clergy whom they represented in the point of Property, imposing on them what they pleased, and levying it by Canons of their own enacting. And they enjoyed this power to the very day in which they tendred the submission, which before we spake of. For by this self-authority (if I may so call it) they imposed and levied that great Subsidie of 120000 l. (an infinite sum as the Standard of the Times then was) granted unto King Henry the 8. anno 1530. to free them from the fear and danger of the Praemuniri. By this Benefit of the Chapter called Similiter in the old Provincial, extended formerly to the University of Oxon only, was made communicable the same year unto Cambridge also. By this Crome, Latimer, Bilney, and divers others, were in the year next following impeached of Heresie. By this the Will and Testament of William Tracie of Toddington was condemned as scandalous and heretical, and his body taken up and burnt not many daies before the passing of the Act of Submission, anno 1532.

But this power being thought too great or inconsistent at least with the Kings Design touching his divorce, the Clergy were reduced unto such a straight by the degrees and steps which you find in the following Section, as to submit their power unto that of the King, and to promise in verbo sacerdotii, that they would do and enact nothing in their Convocations without his consent. And to the gaining of this point, he was pressed the rather, in regard of a Remonstrance then presented to Him by the House of Commons, in which they shewed themselves aggrieved, that the Clergy of this Realm should act Authoritatively, and supremely in the Convocations, and they in Parliament do nothing, but as it was confirmed and ratified by the Royal Assent. Which notwithstanding, though this Submission brought down the Convocation to the same Level with the Houses of Parliament; yet being made unto the King in his single person, and not as in conjunction with his Houses of Parliament, it neither brought the Convocation under the command of Parliaments, nor rendred them obnoxious to the power thereof. That which they did in former times of their self-authority (in matters which concerned the Church) without the Kings consent co-operating and concurring with them, the same they did and might do in the Times succeeding, the Kings Authority and Consent being superadded, without the help and midwisery of an Act of Parliament, though sometimes that Authority was made use of also, for binding of the subject under Temporal and Legal penalties, to yeeld obedience and conformity to the Churches Orders. Which being the true state of the present businesse, it makes the clamour of the Papists the more unreasonable; but then withall it makes it the more easily answered. Temporal punishments inflicted on the refractory and disobedient in a Temporal Court, may adde some strength unto the Decrees and Constitutions of the Church, but they take none from it: Or if they did the Religion of the Church of Rome, the whole Mass of Popery, as it was received and setled here in Qu. Maries Reign, would have a sorry crutch to stand upon, and might as justly bear the name of a Parliament Faith, as the reformed Religion of the Church of England. It is true indeed, that had those Convocations which were active in that Reformation, being either call'd or summoned by the King in Parliament, or by the Houses separately, or conjunctly without the King; or had the Members of the same been nominated and impowered by the Hous alone, and intermixt with a considerable number of the Lords and Commons; (which being by the way, the Case of this New Assembly, I do not see how any thing which they agree on can bind the Clergy, otherwise then imposed by a strong hand, and against their priviledges) Or finally, had the conclusions or results thereof been of no effect, but as reported to be confirmed in Parliament, the Papists might have had some ground for so gross a calumny, in calling the Religion which is now established by the name of a Parliament Religion, and a Parliament Gospel. But so it is not in the Case which is now before us, the said submission notwithstanding. For being the Convocation is still called by the same Authority as before it was, the Members of that Body stil the same priviledge. with the same freedom of debate and determination and which is more, the Procurators of the Clergy invested with the same power and trust which before they had: there was no alteration made by the said Submission, in the whole constitution and composure of it, but onely the addition of a greater and more excellent power. Nor was there any thing done here in that Reformation, but either by the Clergy in their Convocations, and in their Convocations rightly called and canonically constituted, or with the councel and advice of the Heads thereof in more private conferences; the Parliaments of these Times contributing very little towards it, but acquiescing in the Wisdome of the Sovereign Prince, and in the piety and zeal of the Ghostly Fathers. This is the Ground work or Foundation of the following building. It is now time I should proceed to the Superstructures beginning first with the Election of the Pope, and vesting the Supremacie in the Regal Crown.

Project Canterbury