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.  
Occasioned by a late Pamphlet, entitled, A Letter to a Convocation Man, etc.  
By William Wake, D. D. and Chaplain in Ordinary to his Majesty.  
LONDON: Printed for R. Sare at Grays-Inn-Gate in Holborn, 1697.   

TO THE Most Reverend Father in God THOMAS, By Divine Providence, Lord Archbishop of Canterbury; Primate of all England, AND Metropolitan, etc.  
My LORD:  
THAT I presume to Prefix your Grace's Name, to so Rude, and Hasty a Production; it is not because I think the following Treatise deserves your Acceptance, but because I fear, it may need your Patronage. To appear against an Author, who pretends to be the Champion of the Church of England, and to stand up in Defence of the long Neglected Rights, and Privileges of its Clergy; has something in it so Improper in Any, but especially so Unbecoming a Minister, of that Church; that I thought it would be Requisite for me, to take all the Care I could, to Remove those Prejudices, which this might be apt to raise, in some, against the very Design of my Discourse. And I knew no Way more effectually to do this, than by begging leave to Inscribe what I had done to your Grace; who, as by Providence, you are placed in the First, and Highest Station, in Our Church; so have you, upon all Occasions, no less eminently signalised yourself, in the Defence of it.  
It would, my Lord, look too much like Vanity in me, to say, that I here publish nothing, but what has, in some Measure, been before Approved of by your Grace. It shall suffice me, if I may be allowed to declare thus much; That the Principles, upon which I go, are such, as in your Grace's Judgement, have nothing in them that is either Contrary to the Doctrine of the Church of England; or otherwise injurious to the Rights, and Liberties of it.  
Who the Person, against whom I Write, is; I neither do Know, nor am at all Solicitous to Discover. But as his Principles seem but too much to look towards a Party, against which the Church of England ever has; and, I am persuaded will always be ready Vigorously to oppose herself: so the Disaffection which appears, in the whole Process of his Discourse, to the present Establishment, sufficiently shows; that He had some farther Design in the publishing of it, than barely to assert the Rights of the Clergy, and Convocation.  
But of this let every One judge, as he sees Cause: My Business is with his Book, not with his Person, or Design. In my Reply to which, as I have endeavoured, according to my Ability, to defend the Cause both of the King, and Church; so, for the Arguments sake, if for nothing else, I thought I might presume to commend the Protection of it to your Grace, Who have so Great a Zeal for Both; and will therefore, I hope, be the rather disposed, to favour this Honest, though but Imperfect, Performance, of Him, who with all possible Duty, and Respect shall ever remain,  
My LORD, Your Graces Most Humble and Obedient Servant, WILLIAM WAKE.   

ERRATA.  
PReface, page iii line 23. read Of divine, p. vi. l. 17. r. fell. Book, p. 7. l. ●4. r. yet, p. 24. marg. l. 8. r. Masticon, p. 49. l. 13. r. Ariminum, p. 81. l. 20. r. how far, p. 91. l. 12. r. of Their, p. 92. marg. l. 10, r. place●it, ibid. l. 16. r. defined, p. 95. l. 8. r. Countries, p. 99 l. 5. r. Convocation, p. 101. l. 24. add Consent, p. 109. l. 14. r. Canons, p. 175. l. 11. r. Gervilio, p. 203. marg. l. 9 r. 271, l. 15. r. 502, p. 237. l. ult. r. two, p. 270. l. 22. r. than, p. 293. l. 27. to, r. for, p. 311. l. 5. r. these, p. 376. l. 20. r. Annihilate.   

THE PREFACE.  
I Am so well assured that I have asserted nothing, in the following Discourse, but what is agreeable to the Principles of the Church of England, that I shall not make the least Apology for declaring myself against an Author, whose Notions neither our Own, nor any other Reformed Church, that I know of, has ever approved; nor is there any Reason to expect that any Christian Prince should be content to allow of them. How this Gentleman came to be Engaged to write in Defence of the supposed Rights of our Convocations, I cannot tell: But sure I am he has done it in such a manner as is not much for the Benefit of the Church; nor will, I suppose, at all encourage any One to stand up in Defence of Him.  
That his main Assertion is New and Paradoxical; Contrary to the Sense of all the Learned in the Law, and Repugnant to the Constant Practice of our Convocations, ever since the time of Henry VIII, is certain; nor does He himself deny it. 
Let. p. 40  One would therefore have hoped, that his Arguments should have born some proportion to his Allegations; and that there should have been, at least, as much Weight in the One, as there was Assurance in the Other. But when I came to examine them, I found there was nothing formidable in this Author, but his Confidence: and that, like some empty Spectre, his power was only to fright such, as had not the Resolution to Speak to him.  
If any one shall ask, how I came to Oppose so large an Answer to a Letter so little in Bulk, and so much yet less in Weight and Substance; He may please to know, that the much Greatest, as well as most Useful, part of the following Book, has no concern at all with it, but was only Written upon Occasion of it. I was willing to lay hold on the Opportunity which this Author had given Me, to search, as far as my Leisure would permit, into this Subject; and having so done, I was no less willing to communicate what I had met with to the World; not knowing but that some others might receive as much Satisfaction from these Researches, as, I was sensible, I myself had done.  
It has been complained of by this Gentleman, 
Let. p. 28  as no small Neglect in Those of our Profession, that they are, for the most part, but little acquainted with the Rights and Power of an English Convocation: And indeed a Subject it is, that has but very little been searched out by them, or Examined by any Others of our Antiquaries, for Them. I may presume to say I have here published more, than I have ever yet met with, in any One Piece, upon this Argument: But yet, when that is said, I am not so carried away with an undue Opinion of my own Performance, as not to know, that what is here published, is, at most, but an imperfect Essay; and, like the first Lines of a Draught, shows rather what I designed, than what I have been able, in any tolerable manner, to finish.  
I cannot deny but that, next to the Knowledge in Divine things, there is nothing I should rather desire to Understand, than the Laws and Antiquities of the Country in which I live; but especially of the Church in which I minister. And I am not a little pleased to see, that there are, at this time, so many Persons, of Excellent Parts, no less addicted to these Researches, and much better Able to pursue them, than I am. It may possibly be some provocation to One, or Other of These, to give us a more perfect Account of the present Subject, to see how little is here done in it. The Argument certainly deserves Consideration; and I heartily wish it a better Hand, and a better Head too than any that has yet appeared upon it.  
In the following Treatise, having first stated the Subject I was to go upon, and settled the Method I thought most proper to be observed in the prosecution of it; I, in the next place, go on to lay the Foundation of what I had to say with Reference to our own Laws and Constitutions, upon the Practice and Opinions of the Ancient Church; and of all the Christian Countries round about us, for above 800 years after Christ. I considered that the Church of England, beyond most Churches in the World, has a peculiar Veneration for the Discipline, as well as Doctrine of the Primitive Church. And I thought it would be no small Evidence of my good Intentions towards it, upon this Occasion, to show, that I pretended to nothing in behalf of our own Kings, but what the Bishops and Clergy, from the fourth Century downwards, had readily allowed to their Emperors; And what all Other Christian Princes continued to Enjoy, till the Papal Authority prevailed over Them, and deprived them of that Supremacy in Ecclesiastical matters, which They originally had; and to which the Reformation has again so justly restored them.  
And now, having laid so good a Foundation; I thought I might proceed the more freely to Inquire into the Case of our own Country; and see what Authority the King of England has over his Convocations; and by what Law or Custom he enjoys that Authority? In this, I was forced to confine myself within the time of the Reformation; because it was about the Beginning of that, that Our Kings were restored to their Supremacy in this, as well as in other matters; or at least had their Authority more solemnly recognized by the Clergy, and established by the Parliament, than ever it had been before.  
But lest such a Supremacy as this, should seem to depend rather upon the Authority of an Act of Parliament, than to be derived from that Original Power, in Ecclesiastical Causes, which belongs to all Christian Princes, and to Ours as well as to any; and which was Exercised by them many Ages, before any Statute was made to entitle them thereunto; Having shown what the Law, as to these matters, now is; I thought it might not be amiss to enlarge my Enquiry, and to see how the Case has stood, in this particular, from the first Conversion of the Saxons, to the time wherein I began my former Disquisition. And upon search I found, and, I think, have plainly made it appear, that the Authority I here assert to the King, is no other than what our most ancient Princes, till about 1100 years after Christ, continued to exercise; and even then claimed a Right too, when they were not any longer permitted to excercise it.  
If in pursuing of this Enquiry through so many past Ages, I have sometimes taken the liberty to fill up those Vacancies, which, (through the want of Materials proper for such an Undertaking,) often fall in my way; with Reflections a little foreign to my proper Business, I hope it will not be taken for any great Offence, in a Work of this Nature: especially considering that my very Digressions are rather not directly to the purpose of my present Subject, than altogether distant from it.  
As for the remainder of my discourse, which is spent in Answering the Letter to a Convocation-man; I shall only say thus much, that I have not designedly either overlooked any of its Arguments, or made an imperfect, much less a false Representation of them. I have examined every thing that seemed considerable enough to be taken notice of, and I hope, have fully answered what I have examined.  
I am not aware that, in doing of this, I have given my Adversary any hard Treatment, tho' I cannot but say, He has taken care oftentimes to deserve it. But I thought it unreasonable to be guilty of that myself, which I looked upon to have been a fault in Him. 'Tis true, I have all along spoken my mind with great freedom; and where I sound any thing amiss have not stuck to own it, tho'it seemed to reflect upon those of my own Order. Till Clergymen cease to be Men, they will be guilty not only of Follies and Imprudencies, but of Sins too, as well as others: and to what purpose should I dissemble that, which, whether it be confessed or not, all the World knows to be but too True. Were our Faults so private, that to allow of them were to publish them; I am sure no One should be more careful to hide them than I would be: But I cannot conceive it to be either for the Credit or Interest of the Church, to dissemble those Vices, which those who Commit them take no Care to Conceal.  
If any one should be so unreasonable, as to take occasion from hence to think hardly of our Profession, or to be scandalised at our Religion, for the▪ Faults of those who minister in It; I would only desire them to consider that we live in an unhappy Age, and make up a large Number of Men; and it can hardly be thought, but that where so many thousands wait at the Altar, some there should be, who are much fitter to be cast out of the Church, than to officiate in it. In the mean time, God be thanked, Many there are who are as Eminent for their Piety, as some others are Notorious for their Irregularities: and this Advantage they ought to have, to recommend our Religion, beyond what the others should have to defame it; that these live agreeably to the Rules of their Holy Profession, whereas the others must be confessed to have scandalously departed from them.  
To conclude; the following Treatise, as it was truly intended for the Service of the Church of England, so I hope it may be of some Use to many in it. At least it will satisfy Those who have taken Offence at the Letter here examined, that it speaks not the Sense of All, if of any, of our Clergy: And show, that many there be who no less disapprove the Assertions of this Author, than they are justly offended at his Bold and Scandalous Reflections.   

THE CONTENTS.  

CHAPTER I.  
THE Design of the following Treatise: with a short Account of the Method that is proposed to be observed in the Prosecution of it.  

The Order of the Questions proposed in the Letter to a Convocation man, changed; and an Enquiry designed to be first made, Whether the Convocation has a Right to Meet, and Act, as often as the Parliament does? § 1.  
The Method which this Author has taken, to vindicate this supposed Right of the Convocation, censured. § 2.  
The Design of the following Treatise laid out. § 3.    

CHAP. II.  
The first General Point proposed, and the Method laid down for the handling of it. In pursuance whereof, a general Enquiry is first made, What Power Christian Princes have always been allowed to exercise over their Ecclesiastical Synods, or Convocations; with respect both to the sitting of them, to the managing of them when sat, and to the Confirming or Annulling of their Acts, after.  

The first General Question proposed, and the Method laid down for a full Resolution of it. § 1.  
That Christian Princes have Authority, over Ecclesiastical Persons, and in Ecclesiastical Causes. § 2. And that,  
Particularly, with reference to their Synods and Convocations. § 3. Which, 

1 Cannot meet without their Permission, or against their Consent. § 4.    
That the eight first General Councils were all called by the Emperor's Authority. § 5.  
So were all the lesser Synods held under the Roman Emperors. § 6.  
The Gothish Princes, in the Empire, kept their Synods to the same Rule. § 7.  
So did the Princes of the several Kingdoms which rose up out of the Ruins of it:  
Of Spain. § 8. Portugal. § 9 Burgundy. § 10. Germany. § 11. France. § 12.  
The Bishops and Clergy never opposed this, or made any Complaints against it. § 13.   

(1) Christian Princes have often called such Councils by their own Authority, without the Advice of their Clergy; and refused to do it when the Bishops have desired it. §. 14. Who,  
(2) Being so refused, have never pretended to meet in Council against their Will; or asserted any Right so to do. § 15.  
(3) No not in Provincial Councils, for which they seemed to have some Right on their side. § 16.  
(4) That the Prince has a Right to determine the Time and Place of their meeting. § 17.  
(5) And may direct what Persons shall be allowed to come to them. § 18.  
The first Point summed up. § 19 

II. Of the Prince's Authority over Ecclesiastical Synods, when they are met. § 20.    
1. He has a Right to prescribe to them What they shall debate about. § 21. 

— The Ground of this. ibid.  
— The several Methods that have been taken by them to do this. § 22.  
— The Practice of the Church in Confirmation hereof: 

— In the Roman Empire. § 23.  
— In other places. § 24.      
2. To determine, in what Manner and Order they shall proceed in their Debates. § 25. 

— The Practice of the Roman Emperors, in confirmation hereof. § 26.    
3. To sit with them, and to preside over them. 

— So the Emperors did. § 27.  
— And so did the Princes who succeeded them in their several States. § 28, etc.  
How far the Prince, thus presiding, may act synodically with his Clergy? § 31.  
III. Of the Authority of the Prince over these Conventions, after they have ended what was to be done by them. § 32.    
The Clergy cannot, regularly, break up their Synod without his leave. § 33.  
Their Acts are of no Authority till confirmed by him. § 34. 

How far the Prince is at liberty to examine their Determinations; to confirm, annul, or amend them? § 35. 

— What Power he has over their Judgements? § 36.  
— What over their Constitutions? § 37.      
The wh●l● applied to our own Case. § 38.    

CHAP. III.  
Of the Authority which our own Kings have over their Convocations, with respect both to their Meeting and Acting first; and to the Confirming or Annulling their Acts after.  

That our Princes ought, of Right, to have the same Authority over their Convocations, as any other Princes have before been shown to have. § 1.  
I. That the Convocation cannot meet without the King's Writ to empower them so to do. § 2. 

— The Judge's Opinion to this purpose. ibid.  
— The Parliaments, and Convocations. § 3.    
The King has a Right to name the Time and Place of their Meeting. § 4.  
As also to appoint what Persons shall come to it. § 5.  
Being summoned, it lies in his Breast whether they shall sit, or no. § 6.  
II. That being Met, they have no Power to Act, but by the King's Permission. § 7. 

— This also confirmed by the Opinion of the Judges; agreeably to the Act of the 25 Hen. 8.  
— And farther proved from the Tenor of the Convocation-Writ. § 8.  
— The Form of which is the same now, that anciently it was wont to be. § 9  
— As also from the Commissions wont to be sent to them for that purpose. § 10.  
Several Instances of which are offered. § 11.  
— From the judgement of the Convocation in the 1. Edw. VI § 12.    
Of the Power of our Kings to sit with, or to send Commissioners to their Convocations. § 13.  
Whether the Convocation, as a Court, may proceed to judge any Cause without the King's Licence? § 14. 

— The Convocation did, anciently, judge of Heresy. § 15.  
— How it judged? § 16.  
— It is most probable, that it cannot judge any person without the King's Leave. § 17.  
— It is certain the King may, in a particular Case, prohibit them so to do. § 18.  
— And Suspend or Annul their Sentence. ib.    
III. Of the Authority which our Kings have over their Convocations, after they have done what they were called for, 

They cannot break up without the King's Licence. § 19  
His Authority requisite to confirm their Acts. § 20. 

— How far, and in what Cases, He is empowered to Confirm them. ibid.    
The King has power not only to Review their Acts himself, but to submit them to the Judgement of his Council. § 21. 

— The Practice of this proved. to § 24.    
Whether he may Alter and Correct their Definitions? ibid.    
From the whole, an Answer is distinctly given, to the first Question proposed. § 25.    

CHAP. IU.  
In which the State of the Convocation is Historically deduced, from the First Conversion of the Saxons to our own Times.  

The Occasion of this Enquiry, and the Method proposed to be observed in it. § 1.   

1. Period.  
How the Affairs of the Church were transacted, from the first Conversion of the Saxons, to the Time of the Norman Conquest.  
The Clergy summoned to Convocation after Two very different Manners. 

— By the Parliament Writ. § 2.  
— By the Provincial Writ. § 3.    
The Foundation of this laid in these first times; wherein the Clergy were members of the Civil Councils, as well as of Ecclesiastical Synods. § 4.  
Of the Nature of our Great Councils, in these times, and how Ecclesiastical Affairs were transacted in them? § 5. 

— Shown from the like Councils in France, 

Under Pepin. § 6.  
Under Charles the Emperor. § 7.    
— Their manner of Debating. § 8.  
— Their Polity cleared. § 9  
The Nature of our own Great Councils stated upon this Foundation. § 10, 11, 12    
Of the Ecclesiastical Synods of these Times; Of what Persons they consisted? By what Authority they were held? § 13. 

— A particular View taken of the principal Synods of this kind, during this Period. § 14. etc.  
Of the Ecclesiastical Matters of most note, that were transacted in the great Councils of the same Period. § 18. etc.     

II. Period.  
From the coming in of K. William I. to the 23d. of K. Edward I.  
The Papal Power began, about this time, to prevail over the Prince's Authority. § 21. 

— By what degrees it did so? § 22, etc.    
William the Conqueror stood out against its Encroachments, and continued the Affairs of the Church in the same state they were in before. § 24. 

So did his Sons after him. § 25. 

— What that State was? ibid.      
An Historical Account of the chief Ecclesiastical Synods under, 

King Willam I. § 26, 27.  
King William II. § 28.  
King Henry I. § 29.    
How the Pope now began to send his Legates hither; and by that means encroached upon the King's Prerogative in the business before us? § 30.  
How the Archbishop of Canterbury gave the next shock to it? § 31.  
Of the Affairs of the Church, under 

K. Stephen. § 31.  
K. Henry II. § 32.  
K. Richard I. § 33.  
K. John § 34.  
K. Henry III. § 35.  
K. Edward I. § 36.    
How far our Kings, during this Period, continued to transact the Affairs of the Church, in their Great Councils? § 37   

III. Period.  
From the 23d. of King Edward I, to the 25th. of King Henry VIII.  
Of the Nature of the Civil Government about the beginning of this Period; particularly of the Great Council of the Nation. § 43. 

— Of the Change, which some suppose, was, about this time, made in it. § 44, 45  
— That the same Change was made in the Ecclesiastical, which seems to have been made, in the Civil part of it. § 46.  
— What place, from thenceforth, the Inferior Clergy had in it? shown, 

From the Parliament Writ. § 47.  
From the Parliament Rolls. § 48.    
— How our Great Councils Met, and Acted, at the beginning of this Establishment? § 49.    
Of the State of the Convocation, as it is a Provincial Synod, about this time: shown, 

— From the difference between the Parliament, and Convocation Writ. § 50, 51.    
How the Convocation came to bè summoned at, or about, the same time, with the Parliament? § 51. 

— Whether One may not be held without the Other? § 52.    
By whom the Convocation, in these times, was wont to be Called? § 53.  
Of the chief Convocations held under 

K. Edw. I. § 54.  
K. Edw. II. § 55.  
K. Edw. III. § 56.    
Of the Opposition which began, about this time, to be made to the Pope's Usurpations. ibid.  
Of the Convocations under our following Kings, to the time of King Henry VIII. § 58, ad 61.   

Period IU.  
From the 25th of K. Henry VIII. to Our Own Times.  
An Historical Account of the Statute 25. Hen. VIII. cap. 19 § 62, 63, 64.  
Of the Dependence which the Convocation has upon the Parliament. § 65.  
Whether the Convocation, as it now stands, be any part of the Parliament? § 66.  
Of Select Committees, and the Great Use that has been made of them, under this Period. § 67.  
The several Ways of transacting Ecclesiastical Affairs at this day, considered; in Five Particulars. § 68  
It is at the Prince's choice, by which of these he will, from time to time, transact them. § 69, 70.    

CHAP. V.  
The Opinion advanced, in the Late Letter to a Convocation Man, stated: and the Arguments examined, by which the Author of it pretends to show: 1. That the Convocation has a Right to meet, whenever the Parliament does. And 2. That being Met, it has also a Right to Act, without any Licence from the King, to empower it so to do.  

The Subject of this Chapter proposed. § 1.  
And the Questions in debate stated, from the Words of the Letter, here to be Examined. § 2.  
Whether the Church has any Original, Inherent Right, of its Own, to Assemble Synods? § 3. 

The First Question brought to its true State? § 4.  
The Second Question, in like manner, reduced to its true bounds. § 5.     

I. Question. § 6.  
That the Convocation has a Right to Sat, as often as the Parliament meets: does not follow; 

1. From any supposed Parallel, between them. § 7. 

— Which is examined and answered. ib.  
— That there is more need of frequent Parliaments, than of frequent Convocations. § 8.    
2. Nor from the 8th. Hen. VI § 9  
3. Nor from its power to judge in matters of Heresy. § 10.  
4. Nor from the Bishop's Parliament Writ. § 11.    
The Objection of the Archbishop's being prohibited by the King's Justice, to hold a Synod, by his Own Authority; neither well Related, nor to the purpose. § 12. 

5. Nor from the Descriptions of a Convocation in the Law Dictionaries. § 13     

II. Question. § 14.  
That the Convocation being Met, may proceed to Act without the King's Licence; Not proved, 

1. From any thing unreasonable, that would follow, if it might not. § 15.  
2. Nor from any supposed Right, which they have, to the King's Licence, if it be needful. § 16.  
3. Nor from the Parallel, again urged, between the Convocation and the Parliament. § 17.  
4. Nor from the Prohibitions, anciently sent by the King to it. § 18.  
5. The Stature 25. Hen. VIII. Vindicated, from the new Interpretation given of it by this Author. § 19, 20.    
The King's Right to send Commissioners to sit in Convocation, nothing to his Advantage § 21.  
Of the Authority of the Convocation in point of Judicature. § 23.  
The Case between Dr. Standish, and the Convocation, Related, as it stands in our ancient Law Books. § 24.    

CHAP. VI  
Some Rules laid down, by which to judge, for what Causes, and at what Times, Synods ought, or ought not, to be Assembled: And the Allegations brought to prove a Convocation to be, at this time, necessary to be held, Examined by Them.  

It is confessed that the King ought to suffer the Convocation to sit, when the Necessities of the Church do really require it. § 1  
The Author's Position laid down, and the Method proposed for the Examining of it. § 2.  
I. That Synods are oftentimes Useless, and even Hurtful to the Church. § 3.  
The Ends, for which Synods ought to be called, best show when it is fitting to call them. § 4.  
The General Measures, from whence to judge of this, from thence stated. § 5.  
From those General Measures, the following Particular Rules, deduced. 

1. Synods ought not to be called, to determine plain and clear Matters. § 6.  
2. Nor for such, as have by an Equal, or perhaps Greater Authority, been already determined. § 7.  
3. Nor to do that, which may be done by more Easy, and Ordinary Methods. § 8.  
4. Nor when there is no probable Expectation of any Good to come from their Meeting. § 9  
5. Nor in Unquiet, and Unsettled Times. § 10.    
II. What the Author of the Letter, etc. has offered to prove that it is necessary a Convocation should now meet? § 11.  
It is confessed that we stand in great need of a Reformation; but it does not thence follow that we need a Convocation. § 12. 

1. A Convocation not necessary, to condemn Sceptics, or Deists. § 13.  
2. Nor to censure Socinians. § 14.  
3. Nor against those who plead for a General Toleration. § 15.  
4. Nor to call some Particular Persons to account. § 16.  
5. Nor to prevent these things from Corrupting the Manners of Men. § 17.    
The farther Pretences, of this Author, to the same purpose, considered, and answered. viz. 

1. That the Bishops cannot Reform those Abuses. § 18.       

THE AUTHORITY OF Christian Princes ASSERTED, etc.  

CHAP. I.  
The Design of the following Discourse; with a short account of the Method that is proposed to be observed in the Prosecution of it.  
THOUGH it be not very material in 
§ 1.  what Order we examine the Questions here proposed; nor shall I therefore pass any (ensure upon the Method, which our Author has taken, in handling of them: yet because I think the matter of Right, in this case, is of much greater Concern, in itself, than that of Expedience; and the Proof of which, if it stand good, will supersede the necessity of looking any farther: I shall take the liberty to begin with that Point, which, howsoever it be resolved, will go a great way towards a Determination of this whole Controversy. For if the Convocation has a legal Right to Sat and Act, Independent upon the Will and Pleasure of the Prince; and if to deny them so to do, as often as the Parliament is Assembled, is to violate that Right which, by virtue of our Constitution, they ought to enjoy; (as this Author doubts not to affirm:) Then whether there be any such present Occasion for their Sitting, as he pretends, or no; it must be confessed that the Clergy have had wrong enough already done them; and ought not to be encroached upon by any farther Adjournments. On the contrary, If the Meeting and Acting of the Convocation, does depend upon the Grace and Pleasure of the Prince; so that they can neither Assemble nor Consult, without his Permiss 〈…〉 nor is He any farther obliged to 〈◊〉 of either, than he is persuaded 〈◊〉 Meeting and Acting will be for the 〈◊〉 Benefit of the Church and Kingdom: Then it must follow, that in pretending to judge of these Matters, our Convocation-Man and his Friend have meddled with that which does not belong to them: And that in vain do they insist upon what seems agreeable to their Apprehensions; whilst they cannot tell but that His Majesty may have as Good, or Better, Reasons against their Sitting, under the present Circumstances of Affairs; as they can Imagine they have offered for it.  
Indeed, if our Author be at this time 
§ 2.  a Member of the House of Commons, as in One passage of his Book he seems to intimate 
Let. p 28  that He is: And if His Concern for the Honour of Religion, and the Good of the 
Ib. p. 22.  Church, be so Great, as he would have us think it to be; I cannot but wonder why he has so long suffered that Honourable House to neglect this matter so far, as never once to enter upon the Consideration of it. He knows the Commons have a standing Committee for Religion; and he seems to lay it to their charge, that notwithstanding this, nothing has 〈◊〉 
〈◊〉. p. 〈◊〉  been done by 'em, since the Revolution, in favour of it. But why then did not our Zealous Advocate choose rather to Represent the Injury that is done our Church, and the Invasion that has been made upon the very Fundamental Frame of our Constitution, to those worthy Gentlemen; and at such a Committee, where he had a Right to speak, and where this Point would have been properly debated; than to creep out into the World under the disguise of a nameless Author; and Expose both Himself and his Cause, to those Censures, which, by this means, are so justly passed upon Both.  
We cannot suppose that he declined this out of any distrust of the Arguments he had to allege, to make good his Pretensions, in favour of the Convocation. No, we find he is so confident of their Clearness, that he asserts it again and again, with much Assurance, that to Sat and Act, is their Right; and that the King cannot hinder them from doing Both, without Violating our Constitution, as well as Injuring the Convocation. And for his Opinion of the Readiness of the House of Commons to do us Justice, as to this matter, I shall need only to repeat his own Words to show, that He had no reason to Except against That. For the same Reason (says he) that they are concerned 
〈◊〉 p 16  to maintain the Rights and Privileges of Their own Body, They would be careful not to invade Those of Another. They are wise enough to know that the preserving the Constitution, as it is, is the best way to preserve their true and real Interests: and that the Constitution can no otherwise be upheld, than by the several parts of it being preserved in their just Rights and Powers; allowed to Act in their proper Spheres, and Circumscribed within them. This I say they are wise enough to know; and withal just enough to own, That a Convocation is as much a part of the Constitution, as a Parliament itself.  
But our Author has taken his own 
§ 3.  Way, and I must either follow him in it, or must leave one great part of his Letter unanswered: And it is not unlikely but that in doing this, some may be so far biased in his Favour, as to believe that it was unanswerable. And tho' I am sensible that in pursuing of these Considerations I shall meddle with such Matters as do not at all belong to a private Debate; yet since others have had the Boldness to arraign the Government, for not suffering the Convocation to meet; and to tell the World, that both the Honour of Religion, and the Good of the Church, are concerned in it, and cannot be preserved without it: I hope I may take the liberty to examine what Ground there is for so invidious a Suggestion; and have as much Right to transgress in behalf of Authority, as this Gentleman has taken to offend against it.  
And the Method that I shall choose, for the clearing of this Subject, shall be this:  
First, I will inquire (as to the matter 
Letter. p. 1. 21.  of Right) whether there be any Law, that Commands, or Permits, the sitting and acting of the Convocation; besides the absolute, free Pleasure of the Prince? And, if there be, What that Law is? And how far the Prince is obliged by it. Which being settled, I will,  
Secondly, Consider, What Occasion there is at present for a Convocation? 
Ib p. 1. 2.  And whether the Necessity of its Meeting and Acting be so great; and the Delay of it so dangerous, as our Author pretends it to be.  
As for his Third Question, which respects the Validity of the Acts of a Convocation, any farther than they are Confirmed, and Approved of, by Parliament; that is not much insisted upon by our Author: And what is needful to be said to it, will incidentally fall in, in the Prosecution of the other Two.  
But tho' this therefore be the General Method which I shall Observe; yet I am sensible, that in order to the better clearing of the former of these Questions, I must take a much larger Compass than our Author's Design led him to do. And to the end I may not barely answer his Allegations, but may also give some tolerable Account of the true Nature and Rights of our Convocation; (which, for all this Gentleman has yet done, may still continue to be as little understood as 
Letter, p. 20.  those of a Jewish Sanhedrim:) I shall endeavour to examine this Matter to the bottom, as far as my Skill will enable, and my Leisure permit me to do it. For 
Lett. p. 27.  as our Author has rightly observed, that an exact, and full Account of this Matter, cannot be given but by one who has great Skill in our English Laws and Antiquities; (I may add, and in the Laws and Antiquities of the Church too; which Diet must be competently understood, o● this Subject can never be throughly handled:) so must I freely profess, that neither will my other Affairs allow me to be very exact; nor does my Profession, as a Divine, entitle me to so much Skill, as I am sensible is requisite, to the perfecting of such an Undertaking. But however, I will candidly offer what I have met with; and where I chance to be mistaken, (especially in Matters of Law, which lie out of my Way,) I hope those who are more learned will make a reasonable Allowance for my Errors.   

CHAP. II.  
The first General Point proposed; and the Method laid down for the handling of it. In pursuance whereof, a General Enquiry is first made, into that Power which Christian Princes have always been allowed to exercise over their Ecclesiastical Synods, or Convocations, with respect both to the Calling of them; to the Managing of them when Sitting; and to the Confirming, or Annulling their Acts, after wards.  
TO come then, without any more 
〈◊〉 1.  ado, to the Business in hand; the first and main Thing to be considered is this:  
Whether there is any Law that commands or permits the Sitting and Acting of the Convocation; besides the absolute, free Pleasure of the Prince? And, if there be, What that Law is? And, How far the Prince is obliged by it?  
This I take to be the true state of the Question, and I shall treat of it in this following Method.  
I. I will inquire, What Power, Christian Princes, in general, have claimed over such Convocations; with respect both to their Assembling and Acting, and to the giving Force and Authority to what is done by them?  
II. I will consider, Whether our Kings have not the same Authority over our Convocation, that all other Christian Princes have claimed over their Synods? And  
III. Upon this Foundation, I will Examine what this Author has alleged to the contrary; and offer what, I conceive, may fairly be replied to it.  
And I. Let us inquire, What Power, Christian Princes, in general, have claimed, over their Synods; with respect both to their Meeting and Acting first; and to the giving Force, and Authority, to what is done by them?  
That Christian Princes have a Right, 
§ 2.  not only to exercise Authority over Ecclesiastical Persons, but to interpose in the ordering of Ecclesiastical Affairs too; neither our own Articles and Canons, nor 
Artic xxvii. Can. 1, 2.  the Consent of the Universal Church, ever since the Empire became Christian, will suffer us to doubt. There is no one so great a Stranger to the History of the Holy Scriptures, as not to know what Authority the Jewish Princes, under the Law, pretended to, as to this matter. And how far the first Christian Emperor's followed their Examples, were other Author's silent, yet that one Assertion of Socrates would not suffer us to be ignorant; where he affirms, That ever since they became 
H●st Eccl. praef. l. v p. 259 C.  Christians, the Affairs of the Church have depended upon them: and the greatest Synods been assembled by their Order, and still (says he) continue to be assembled.  
It was a famous Saying of Constantine, the first Christian Emperor, to his Bishops; That They indeed were Bishops in things 
Euseb. de Vit. Const. lib 4. cap. 24.  within the Church, but that He was appointed, by God, to be Bishop, as to Those without. And how far the succeeding Emperors continued to look upon the well ordering, and Governing of the Church, to be one great part of that Duty which God expected from them; The Epistle of Theodosius and Valentinian to to St. Cyril, and the rest of the Metropolitans, 
Vid Act. Conc. Ephes. I. Part. cap. 32. Add Epist. ad Synod. Ibid. cap. 35.  whom they summoned to meet in the General Council of Ephesus, abundantly shows.  
Let us look into the several Collections of the Roman Laws: 
* De feriis: de nup●●is: de fide Cath. de H●reticis: de Episc. & Cleric. etc.  The Code of Theodosius: 
† Lib. I. Tit. 1, 2, 3, 4, 5.  The Code and 
* Novel. v●. cxxxvii, cxxxi, etc.  Novels of Justinian: The yet later 
| Basil. F●b●ot. lib. t, 3, 4, 5.  Collection of Basilius, Leo, and Constantine, that followed after: How many Constitutions shall we find in every one of these relating to Ecclesiastical Affairs; to the Order and Government of the Church; to the Election, and Consecration of Bishops and Priests; to the Lives, Offices, and Privileges of the Clergy; to the Erection and Liberties of Churches; to the Service of them; nay, and even to the very Faith which was to be taught and professed in Them? And when the Empire began to be parcell'd out into several lesser States and Kingdoms, We find their several Princes still maintaining the same Authority, as to all these things, that the Emperors had done before: As from the Capitularies of the French and Germane Princes; the Collections of the Spanish Councils; our Own 
* ●eg. Ed. Conf. cap. 17. Leg. Can●●. ca 11. 〈◊〉. Praefat. cap. 2. Leg. Edw. & Guthr. cap. 3. Alfred. cap. 39 etc.  Ancient Laws, and the Histories which remain of the several Other Countries, does evidently appear.  
But of the Authority of Princes in Ecclesiastical Matters, and over Ecclesiastical 
§ 3.  Persons, in general, there is no doubt. Nor should there, one would think, be any more; whether One great part of their Authority as to these Matters, has not always been accounted to consist, in the Power to conven● Synods, and to order whatsoever relates both to the assembling, and acting of them. And for the better Proof of which, I shall now distinctly consider what their Power is, with respect  
(1) To the calling of such Synods or Convocations.  
(2) To the directing of their Proceedings, when they are Assembled. And,  
(3) To the approving and confirming their Constitutions afterwards.  
And (1) Let us consider, What the Power of the Civil Magistrate is, as to the Convening of Ecclesiastical Synods, and Convocations.  
It has ever been looked upon as one 
§ 4.  great part of the Prince's Prerogative, that no Societies should be incorporated, nor any Companies be allowed to meet together, without his Knowledge and Permission. The Roman Law was, especially, very severe, as to this Particular: And tho' after the Conversion of the Emperors 
Pandect. lib. 47 tit. 22 l. 1.  to the Faith of Christ, a provision was made for the Public Assemblies of the Church for Divine Service: yet before that, Tertullian, who understood these 
Tertull. de Je●un. cap. 13.  matters as well as any one of his time; tho' he excused their Meetings upon all Other Accounts, could not deny but that they fell under the Censure of this Law: And that having not the Prince's leave to meet together, they were, in 
Ib. Pand. ●eg. 3.  the construction of the Law, Guilty of Meeting against it.  
Now a Synod being no Ordinary, or Sia●ed Convention; but which was assembled only upon Extraordinary Occasions, when the Necessities of the Church required the Meeting of it: As there was no General Provision, at the beginning, made by the Laws for them; so it was therefore necessary that, in order to their meeting Lawfully, the express Command or Allowance of the Emperor, should be had for their so doing.  
And if we look up to the History of the first and most famous Councils of the 
〈◊〉 5.  Church, we shall accordingly find, that They were All Convened by the Imperial Authority. Thus Constantine the Great, not only summoned, 
Euseb. de Vit. Const. lib. 1. cap. 1, 2.  but sat Himself in that of Nice. 
* Socrat. Hist. Eccles. lib. 5. cap. 8. Sozom. lib. 7. cap. 7. Theodoret. lib. 5. cap. 7, 8.  Theodosius the Great both Assembled the Second General Council of Constantinople; and, at the desire of the Fathers, confirmed the Acts of it. The Council of Ephesus, the next General Council, was not only 
* Vid. Act. Concil. Eph. par. 〈◊〉. cap. 32, 35, etc.  Called by the Emperors Theodosiu● the Younger, and Valentinian; but that All things might be done decently and orderly in it; they sent * Candidian, as Their Commissioner, to preside over the Bishops, and to direct their Proceedings, according to the Instructions which they had given Him for that purpose. And when the Heresy of Eutyches gave a new Occasion ●o the same Emperors to Assemble another Synod; 
* Vid. Act. C 〈…〉 〈…〉 d. 〈◊〉 1  They, in like manner, appointed it to meet at the same place: and Commanded Dioscorus, Patriarch of Alexandria, to preside in it.  
It was the same Authority, that had caused this Synod to meet at Ephesus, that, after the death of Theodosius, appointed a Review to be made of it, in another 
† Ibid.  Council, which was summoned first to Nice, and from thence was Removed to Chalcedon. And this the Emperors did not only upon their Own Authority; But tho' 
‖ Vid Ep. Leonis ad Theodos. Imp. Ep. 52. 54 &c Ed. Ques●●ll.  Pope Leo had desired, with all imaginable Earnestness, that it might have been held somewhere in Italy; to which they refused to Consent.  
Such was the Authority, by which the Four first General Councils of the Church, were Assembled; Nor were the next Four called by any other. It was by the express Command of the 
* Vid. Ep. Imp. Con 〈…〉 C●●st. two. Collat. 1 〈◊〉. p. 419, ●22, 423,  Elder Justinian, that the Second General Council of Constantinople met: As it was by the like Summons of 
† Vid. Act. Concil. Const. iii Act. 1 pag 607. Tom. 6.  Constantinus Pogonatus, that the Third in the same City was convened. And because in these two, no Canons were made for the discipline of the Church, 
* Concil. Trull. apud Bevereg. Pandect. Tom. 1 p. 153. E. F.  Justinian the younger, called another Council to supply that defect; and confirmed the Canons that were made by it.  
The second Council of Nice, though scarce right in any thing else, yet in this was Orthodox, that it was assembled by the Authority of 
† Vid. Act. Conc. Nic●en. two. Act. 1. pag. 50. Tom. Lab. 7.  Irenè the Empress, and her Son Constantine. And lastly, the Fourth of Constantinople, the last of the Eight general Councils, was in like manner held by the consent of 
‖ Act. Con. 4. Const. Act. 1. Tom. 8. pag. 1279. C.  Basilius the Emperor, and Approved by Him.  
This than was the Power, which the 
§ 6.  Christian Emperors claimed over the Greatest Councils; and which those Councils always acknowledged to be due to Them. If from these we pass on to the Lesser Synods that were assembled in those days, we shall find the Authority of the Civil Magistrate to be still the same: And that These also were either expressly convened by Them, or were summoned by some Authority that was, derived from Them.  
When the Donatists, being Angry that they could not gain their Ends upon Caecilian, desired that an Examination might be made of their Case, by some foreign Bishops; Constantine the Emperor granted their Request: And in Order thereunto appointed a meeting to be held at Rome, upon that Affair; and that three French Bishops, should be joined to Fifteen out of Italy, for the Hearing of it. And These, together with the Bishop of Rome, by the 
* Conc●●. Rom. ●ub Constant. To. 1. Lab. p. 1403. 1406.  Emperor's Command, judged of this Matter. And when those turbulent Men were not yet satisfied; to put a final end to their Contentions, He caused a Greater Number of Bishops to meet in a Synod at 
† Vid. Act. Conc. Arelat. ib. pag. 14●1. Et Euseb. Hist Eccl. lib. x. c. 5.  Arles, and there Review the same Cause, and pass a final Judgement in it.  
To enumerate all the several Instances that remain to us, of Councils called, in like manner, by the Imperial Authority; would be as Infinite, as it is Needless. It may suffice to say, that what Constantine, thus began, the succeeding Emperors constantly held to; And suffered not any Assemblies of the Clergy to be made, but by their leave, and according to their Direction.  
'Tis true there was a General Order 
Vid. C 〈…〉. N 〈…〉. en. 1. Can. v.  made by the Fathers of the Council of Nice, that for the better Regulation of the Church's Affairs, the Bishops of every Province should meet together, in a Provincial Synod, under their Metropolitan, twice every Year. And this Council being not only confirmed by Constantine, who called it, but by almost all the Emperors that followed after; and particularly, the Constitution now mentioned, being 
〈◊〉. Bal●●● in Can.  provided for, and adjusted by the Civil Laws themselves; such Councils, from thenceforth, became Legal Assemblies; and were, of Course, allowed of, tho' not expressly consented to by the Emperors.  
And yet when Theodoret began to be 
Vid. Epist. Theodoret. 80, 81, 82.  too busy in calling the Bishops together, Theodosius not only laid a Prohibition upon him; but confined him to Cyrus, his own little See, as a Punishment for what he had before done. So little was it then thought a matter of Right, for the Clergy to meet, as often as they thought good, in Synods: Or that any Injury was done them by their Princes, when they refused to suffer them so to do.  
But it may be these Emperors had some eminent Authority in them which ceased 
〈◊〉 7.  together with the Empire; and which other Princes, tho' of Sovereign Authority within their several Kingdoms, yet ought not to pretend to. That this is not so in Civil Matters, I shall leave it to the Writers of Politics to argue; and to the Municipal Laws of their several Kingdoms to show. As for what concerns their Ecclesiastical Authority; it is evident that in This, as in all other Respects, whatsoever Power the Emperors heretofore laid claim to in the Whole, the same these Princes have continued to assert, within their own particular States and Dominions.  
When the Vandals had overrun the greatest part of Africa; and by their Authority set up the Arrian Heresy, in Opposition to the Catholic Faith, which before prevailed in those Parts: Hunericus their King, at the desire of his Arrian 
Concil. Labb. To. iv. p. 11 7. ad An 484.  Bishops, summoned a General Convention of all the Catholic Bishops to meet at Carthage; and there confer about the Point in difference between them. And accordingly, upon his Summons, they all came thither; and refusing to renounce the Terms of the Council of Nice, were deprived of their Bishoprics, and sent into Banishment by him.  
But better was the Success of the Orthodox Bishops, in their next Conference, held by the like Authority, under Gundebald at Rome; An. 499: Who at the Request of the Catholic Clergy consented to 
Vid. Collatine. S. Avit. cum Ar●ian. ib. p. 1318. Ad Ann. ●02.  their Meeting, and was greatly satisfied at their Behaviour in it.  
It was not long after this that, as Baronius himself confesses, Theodorick summoned another Synod at Rome to judge of the Crimes alleged against Symmachus Bishop of that See; and submitted the Determination of that Affair to their Resolution And when Caesarius, Bishop of Arles, desired to convene a Provincial Synod in France; according to the direction of the Ancient Canons, and the Allowance of the Laws to that purpose: Yet he did not think it sitting so to do, till he had obtained the Consent of Alaric the Goth for it; And it is expressly noted, that 
Concil. Agath. An. 506. Praef. Come in nomine Domini, ex Permissu Domini nostri Gloriosissimi, Magnificentissi●ique Regis, in Civitate Agathensi, Sancta Synodus concenisset.  it was held by his Allowance.  
What Caesarius here did with respect to Alaric, an Arrian Prince; the same did Avitus, Bishop of Vienne, with regard to Sigismond, the Son of Gundebald, King of the Burgundians; whom he had not 
Vid Act. Conc. Epaonens. An. 517. Prooem.  long before converted to the Catholic Faith. He called even his Provincial Synod, with the King's Consent: And tho' himself Metropolitan of that District, yet presided in it by the Prince's Order.  
Such was the Authority by which these lesser Synods were wont to be held, immediately upon the breaking of the Empire. And that thus it continued, till the Prevalence of the Papal Power began to overthrow the Prince's Right, will appear from a short View of this matter, in some of the principal States which arose out of the Ruins of it.  
And, 1. That this was so, in the Kingdom 
§ 8.  of Spain, the Councils of Toledo, the most eminent of Any in that Country, both for Number and Authority; sufficiently demonstrate. That the Second 
Vid. Capit. Conc. Tolet. two. in sin.  of these was called by the Permission of Amalaric, the Synod itself owns. But the Third, and I think the most considerable of them all, is yet more full to our present purpose. It was a General Council of that whole Nation: In it the Goths adjured their Heresy, and embraced the Catholic Faith. This Faith was first established in Spain, by the Authority of this Council; and several very useful Canons were framed by it, for the Government of the Church for the Time to come. And all this was done by the Command of 
Vid. Act. Conc. Tol. iii An. 589  Reccaredus their King: Who with Badda, his Queen, subscribed to the Orthodox Faith in it; and made not only his Bishops, but the chief of his Nobility, and others, subscribe to it.  
It would be needless for me, after so clear an Evidence, as this Synod has given us, of the Authority by which Councils were anciently Convened in Spain; to spend any long time, in the particular Examination of the several Councils that followed after. It shall therefore suffice barely to say thus much; that the Fourth of Toledo (Another National Council, and of great Authority in those parts) met 
Act Conc. Praef. Et in conclusante subscript.  by the Order of Sisenandus, as the Third had done by that of Reccaredus. The Fifth by the Command of Cinthila, who also confirmed the Acts of it. The Sixth 
Vid. Act. hor. Concil. apud Labb To. v. p. 1735. 1739. 1740. 1749. 1836. & To. vi. 394 1294. 1●28.  of Cinthilan: The Seventh of Chindaswind: The Eighth of Recceswinthus: The rest by the Order of the several Princes which followed after: As from the Acts of the Fifteenth and Sixteenth, the last of these Synods, it does evidently appear.  
As for their Provincial Synods, they were not indeed always summoned by the express, particular Order, of those Princes. But yet even these were held by Virtue of that Authority, which the Third Great Council of Toledo, under 
Vid. Can. 18. Conc. iii Tolet.  Reccaredus, before mentioned, had given to them. It was by virtue of this Allowance that the Synods of Narbonne, and Saragosa, 
Concil. Narbon. An. 58●. in Pras. Et Caesar augustan. two. An. 592.  were assembled; and in Both which, for that Reason, it is said, that they met according to the Order of that Prince, and to the Appointment of that Council.  
2. And the same Authority which these 
§ 9  Kings used in Spain, did their next Neighbours, the Suevian Princes, exercise in Galaecia, during the time of their Empire there.  
The Second Council of Braga, the Metropolis 
Concil. B●acar. two. An. 563. Praef.  of that Country, is expressly declared to have met at the Command of Ariamirus, or as some have rather thought, of Theodimirus, their King. It was by the same Authority that the Synod of Lugo, not long after, was assembled; 
Concil. a 〈…〉 pud Lucum. An. 607.  to divide the Country into several Provinces, and to erect a greater number of Bishoprics in it. And when by Virtue of this Division, the Clergy of that Country were come together in two Provincial Synods, under their respective Metropolitans, according to the ancient Canons in that behalf; Miro, his Successor, ordered 
V●d Act. Conc. Bracar. iii in Praefat.  them to meet both together in a General Council at Braga; and there agree upon such Constitutions, as they should find the Necessities of the Church to require.  
3. If from hence we cross over to the 
§ 10.  Kingdom of Burgundy; we shall find those Princes in possession of the same Rights over their Synods, that the other Kings have been shown to have exercised.  
The Inscription of the Second Council of Lions, assembled about the Year 567, shows that it was called by the Command of Guntramn their King: who also not long after assembled another Synod at Challon, as Gregory of Tours informs us. 
Hist. lib. v. cap. 28.  It was by the Order of the same Guntramn that the Great Council of Mascon 
Vid. Concil. Ma 〈…〉 scon. 1. in Praef. An. 581.  was held: And when that had not sufficiently restored the Discipline of the Church, he not only assembled another at 
* Greg. Turon. Hist. Franc. lib. vi. cap. 1.  Lions, but more in several other places; 
† Vid Concil. Labb. To. v. pag. 976. 980. 1593. etc.  at Valence, Poitiers, Mascon, etc. all whose Acts expressly avow the Authority by which they met.  
4. In Germany. Carloman first and then 
§ 11.  Charles the Emperor, as they were the great Restorers of Religion, and Assertors of the Discipline of the Church; so will they afford us a sufficient proof of the Prince's Authority, in this particular.  
It was the former of these who, with the Advice of his Clergy and Nobles, 
Concil. Germ. i. apud Lab. To. vi Praef  called the Council of Ratisbon, which is accounted among the First of Germany, An. 742. And how the Other continued, 
Lab. Conc. ib p. 1725, 1726. 1793. To. seven. p. 1151. 1152.  by the same Authority, to summon the like Assemblies, the several Synods of Worms; Valenciennes; Aix lafoy Chappelle; but especially the two Great Councils of 
* An. 8●●. vid. Act. Concil. in Praefat.  Mentz and 
† Vid. Ep. Syned●c. ad Praesul. Hisp num. iii & in Canon i.  Frankford; (in the latter of which not only the Bishops of Germany, but of France, and Aquitain, were assembled together, and over all Whom Charles the Emperor presided;) abundantly show.  
No sooner was this great Prince dead, but Ludovicus Pius, his Successor, after his Example, called together his Clergy to Aix-la-Chappelle; for the correction of 
Concil. Aquisgran. Praef. An. 816.  the Negligence and Ignorance of the Bishops, and for the better regulating of the Lives of the Clergy. And having fully determined 
Vid. Epist. Ludou. Imp. ad S●char. Arch. B●r●●gal. ibid.  whatsoever was thought expedient in Order thereunto; he commanded a strict Obedience to be paid to the Constitutions which had been made by them. And when this did not yet sufficiently correct the Abuses of those times; He not only summoned a Second Council to meet at the 
Vid. Act Conc. Aquisgr. two. An. 836.  same place, but being met, he proposed to them such Heads as he conceived to be farther necessary, with respect both to the Lives, and Doctrine, of the Bishops and Clergy; and ordered the Synod to frame their Debates upon them.  
When this Emperor was dead, and the Difference between his Sons appeased; Lewis (to whom the Government of Germany fell) after his Father's Example, called the Great Council of Mayence; to regulate those Disorders which the late 
Vid. Conc. Magunt. i. in Praef.  Distractions had brought into the Church. And because many things remained which could not then be sufficiently provided for; He, the next Year after, assembled another Synod for the Determination of them. It was about twenty Years after this, that the same Lewis convened a General Council at Worms; and there, in 
Vid. Act. Conc. Wormat. An. 868.  like manner, ordered many things relating both to the Faith, and Discipline, of the Church.  
It was not long after, that Arnulph, his 
Vid. Conc. Trebur. apud Lab. To. ix. p. 440. 467.  Nephew, having obtained the Empire, called together (in like manner) his Bishops to a Great Council at Trebur; presided, and assisted in it: and caused what was done not only to be subscribed by the Bishops whom he had Assembled, but to be confirmed by a great number both of the Inferior Clergy, and of the Laity of the Empire. And, lastly, not to metion any more; Henry the First, after the Example of his Predecessors, by his Princely Command, assembled the great Synod at Erpsford; with the Advice of 
Ibid p. 591.  his great Men, and particularly of Archbishop Hildibert, who was chiefly considered by him.  
5. And now having thus fully shown 
§ 12.  what was the Practice of these Princes in Germany, I might spare myself, and Reader, the trouble, of enquiring into the Methods used in France; which was generally either in the same Hands, or Governed by Those of the same Family, that the Empire, in those days, was. Yet because I think the Ecclesiastical Discipline, was no where better kept up, or more exactly followed, than in that Country; and that I conceive our own Synods were very much framed by the pattern of Theirs; I will take a short View of their Conventions also, and so conclude these first general Remarks.  
To begin then with the first of their Christian Kings, Clovis the Great: And here we find that he not only Called the first Council of Orleans (and which has 
Vid. Act. Conc. Aurelian. i Praef. A●no 511.  ever been looked upon as the Model and Pattern to all their succeeding Synods;) but moreover Prescribed to it the Points on which it was to debate: And all this at the Desire, and with the Advice, of St. Remigius; as Hincmarus, in the History of his Life, informs Us.  
It was by the like Command of Childebert, 
〈◊〉. Au 〈…〉. An. 533. Praef.  and his Brethren, that the Second Council of the same Place was held. The Synod of Clermont, the next, of any Consequence, 
Con●. A●vern. An. 535. Praef.  that met in France; assembled with the Consent of King Theodebert: And so did that of Tours afterwards, with 
〈◊〉. Tur. 〈◊〉. A 〈…〉 567. Praef.  the like Consent, and Allowance, of Charibert.  
The Fifth Council of Paris, not only 
Conc. Pa●. v. Praefat. Cum in dei nomir●, secundum SS. Patrum Constitut onem. Ex Evocatione 〈◊〉 〈◊〉 & 〈◊〉 Cor 〈…〉 o Synod●li convenissemus, etc.  declares that it was Assembled by the Authority of Clotharius; but tells us that their Assembling by his Authority, was (as indeed it was) agreeable to the Constitutions of the Ancient Fathers, who had gone before Them. And the Synod of Chalons Owns, in like manner, that it met together in Obedience to the Call and Command, of Clovis the Second, their 
Conc. Cabilon. An. 650. E● Evocatione vel Ordinatione Gloriosissimi Domini Clodovei Regis.  King.  
It was by the Royal Authority of Pepin, 
Vid. Conc. Vernens. in Praef. Concil.  that a General Council was held in his Palace at Vernis, Anno 755. Of Charles the Great, that the Second Council of 
* Rh●m. two. Anno 813 Praef. Con. Tur. iii I●id. Praefat.  Rheims, and the Third of Tours, ●ere convened. Of Lovis the Emperor, and his Son Lotharius, that the 
† Conc. Pa●is v●. An. 829. Praef. ap. Labb. Tom seven. p. 1594. 1596.  Sixth Council of Paris was called. And lastly, not to instance in any more, of Charles' the Bald, that the 
‖ An. 849, 〈◊〉 53.  Synod of Quierzy was assembled; for Reforming men's Manners, and to put a Stop to that Corruption in point of Faith too, which was, about that time, supposed to be breaking out in those Parts.  
Wha● the Practice of our own Country 
§ 13.  has been as to this matter, I shall particularly consider, when I come to Inquire into the Rights of our Own Kings, in this Respect. In the mean time, from the Account which has hitherto been given of that Authority, by which the Bishops and Clergy have been wont to be called together into Synods, it Appears; that as, in Fact, no Councils have met without the Permission of the Civil Magistrate, ever since the Empire became Christian; So neither does it appear, that the Clergy have ever made any Complaints against Them, as usurping herein upon the Rights of the Church; or pleaded any Privilege, as of Divine Authority, for their Meeting, and Acting against their Consent.  
But to the End it may the more Evidently Appear how far the Power of Christian Princes has been accounted to Extend, as to this Particular; I shall to that General Deduction, I have now made, of the Authority by which the Church has been accustomed, from the Beginning, to meet together in Councils; subjoin a few more particular Remarks, for the better clearing of this whole matter.  
And (1st.) It may be observed, that 
§ 14.  tho' the Civil Magistrate has generally Advised with his Bishops, and Clergy, upon these Occasions; and asked their Opinion, whether it were fitting, or not, to call a Synod, before he has given Orders for the meeting of it: Yet was this never looked upon as any matter of Right; but, on the contrary, Princes have oftentimes assembled such Councils, without ever consulting Them at All; and, at others, when their Bishops, have not only Advised, but Desired them so to do, have yet, upon their Own Judgement, or by the Advice of their Council, utterly refused to comply with their Requests.  
If we look into the Acts of the several Synods I have before mentioned; we shall find indeed, sometimes, that the Advice of the Bishops was taken for their Meeting; but we shall oftener find them called by the Prince, with the Advice of his Great Men; and yet oftener, no notice at all taken of the Advice of Either.  
How often did Liberius, and the Catholic 
Vid. Frag. Hilarii p. 457, 485, etc.  Bishops, in vain, petition Constantius, that a Free, and Orthodox Council might be Called to judge in the Case of Athanasius; but could never Obtain it. And tho' the method taken by that Emperor, to manage that Affair in Favour of the Arians; and the Refusal of such a Council, as was desired, was the Effect of that Enmity he had conceived against Them, and their Doctrine; yet we do not find the Catholic Bishops any where complain, that, in this, the Emperor did any more than what he had Authority to do; or pretend to any Original, Ecclesiastical Power, left them by Christ, to call such a Synod whether He would or no. But, on the contrary, notwithstanding the Urgency of that Affair, and the eager Desire they had to end it; neither Liberius, nor Any others, attempted to meet against the Emperor's Command; but quietly submitted to the Prohibition he had laid upon Them, not to do so. So little did the greatest Bishops of the Church, in those Days, think it lawful, to hold a Council against the Prince's Will; that being forbidden by an Heretical Emperor, and that against all Right and Justice, on purpose that he might Oppress Them, so to Do; They yet submitted to his Commands, and chose rather to suffer by their Obedience, than to Usurp an Authority, which they were sensible did not belong to Them.  
But lest this should be thought to have been only the Perverseness of an Heretical Prince; we shall find the same Power, both Claimed, and Exercised, by the most Orthodox Emperors; and such as were, in all Respects, the most zealous for the Church's Interest.  
When Eutyches began to corrupt the Christian Faith, and it was thought necessary, that a General Council should be called, to put a stop to his Errors; Leo, 
〈…〉.  Bishop of Rome, petitioned Theodosius, with all imaginable Earnestness, that He would consent to let a Synod be assembled in Italy for the Judging of it. This the Emperor utterly Refused to do, and Ordered the Council to be held at Ephesus; and the Good Bishop was so far from Complaining of it, that he submitted to his Summons, and thanked him that he would, at least, vouchsafe to have it there. And when, by the Practices of Dioscorus, that Council answered not what was Expected from it; The same Leo, not only 
〈…〉.  supplicated the Emperor again, with tears and groans, in the Name of all the Bishops of the West, that he would Command another Council to be held somewhere in the West, to determine that Affair; but moreover engaged Valentinian, and Eudoxia his Wife, with many others of the Greatest Note, to join in the same Request with him. But Theodosius not 
〈…〉.  only now refused him as to the place, but denied him as to the calling of any Other Synod; nor would He be persuaded to suffer any other to meet as long as He lived.  
And this brings me to a (2d.) Observation, 
§ 15.  which ought to be taken notice of, upon this Occasion; viz. That whenever the Civil Magistrate has refused to Call a Synod; tho' the Affairs of the Church have never so much seemed to stand in need of One, and the Bishops have never so Earnestly desired One; yet have they quietly submitted to the Refusal; and not presumed, on any Pretence of Right which they had in Themselves, to meet together, without his Leave, or against his Consent.  
So Liberius, and the Catholic Bishops, did to Constantius first; and Leo, and the Western Bishops, to Theodosius afterwards: And I believe it would be difficult in those best, and most early times of the Church, to find out any Instance, wherein the Orthodox Bishops have ever departed from this Rule: or (which is much the same thing) have ever been justified by the Church, in those Cases, in which they have departed from it.  
Nay but (3dly.) Tho' the Council of Nice first, and, after that, several Other 
§ 16.  Synods, provided for the Constant Meeting of Provincial Councils, at a certain Season every year; and these being allowed of by the Emperors, and Other Princes, who confirmed those Canons, and Approved of what They had Defined; may seem to have put these kind of Synods, at least, out of their Power: Yet, even in these, we find Them still continuing to Exercise their Authority; And not suffering even such Councils to be held, without their Leave, or against their Consent.  
I have before observed how Theodosius the Emperor restrained Theodoret, when he thought him too buisy in calling together the Bishops to these Lesser Synods. And when, in after times, Wolfolendus Bishop of Bourges, summoned a Provincial Council, according to these Canons, to meet at the beginning of September; yet 
Epist. ad Desiderium: Capit. Baluz. Tom. 1. p. 143.  having neglected to consult the King's Pleasure in it, we find Sigebert, for that Reason alone, sent a Prohibition to his Bishops to go to it. And it is worthy our notice, for what Reason he put a Stop to its assembling. He professes he was well content that they should meet some Other Time; always provided that they first made Him acquainted with it; that so he might Consider whether he should allow of it, as proper either for the State of the Church, or for the Benefit of the Kingdom; or Otherwise fit to be consented to.  
And therefore when the Fifth Council 
Act C●●c. 〈◊〉. lib. 1 cap. 26.  of Paris had resolved, that it was Expedient that Provincial Synods should be held every Year, according to the Orders of the Church, and the Canonical Custom established in it; They made it their Request to Lovis the Emperor, and Lotharius 
Ibid. l. 3. cap. 11.  his Son, that they would consent, that at a fit Season every Year, they might be Assembled. This Request was again Renewed, some Years after, in another Synod: And yet, notwithstanding these General Permissions, before they did 
Conc. apud Sapo● par 6. cap. 7.  come together, they were to have a particular Warrant for their so doing; as is evident from the Acts of the Synod of Soissons, which was held about the same 
Capit. Sir. Ti●. 11. Episcopis 〈◊〉 instituta Can●●um Sy ●●dum 〈◊〉 〈◊〉 volentibus▪ 〈◊〉 1. 〈◊〉 R●x Caro●us, e●sque apud Urbem Sucssionum— Convenire p 〈…〉 pit.  time that those very Orders, I have now mentioned, were made. So entirely has the Assembling of Synods, been looked upon to depend upon the Will and Authority of the Christian Prince. But this is not all: For,  
(4thly) When it was resolved that a 
§. 17.  Synod should be held, the Prince evermore either determined, or allowed, both the Time, and Place, of their Meeting. This is evident from the very Acts of all those Synods of which any Perfect Accout remains to Us; and is most apparently confirmed, by the History of the most Ancient Councils of the Church.  
I have before observed how Theodosius not only Appointed the Council, which he had ordered to meet about the Affair of Eutyches, to assemble at Ephesus; but utterly refused the Request of Leo, and his Bishops, who earnestly desired it might have been held in Italy. But Marcian 
Vid. Leon. Epist 69. add Ma●●. Caes. p 568.  the Emperor went farther: He not only Summoned the Fourth General Council to Nice first, and then to Chalcedon; (tho' requested in like manner, as Theodosius had been, by the Bishop of Rome, and his Suffragans, that it might meet in Italy;) but when, being pressed in time, Leo petitioned the Emperor that he would defer it but a little while, for his greater Convenience, Marcian refused him That also; and the Good Man contentedly yielded to him in both.  
Such Power did the ancient Emperors assume to themselves, over their Bishops, as to these Circumstances: Nor did the 
Vi● 〈◊〉. Reg 〈◊〉. B 〈…〉 〈◊〉 〈◊〉. ●9. 〈◊〉. IV  following Princes claim any less. When Pepin resolved that Two Synods should be held in France every Year; He not only specified the time for Both, viz. the first of March, and of October; but reserved the Nomination of the Place where the Former should meet to his own Appointment; and for that of the latter, determined 
Cap. Ann. 8●8. Tom. 1. Baluz. p. 624.  that it should either be at Soissons, or at such other place, as the Bishops, should agree upon in their first Assembly. And Ludovicus Pius having thought fit, for the better settling of the Ecclesiastical discipline, to have Four Synods meet at Once; that so they might separately Consider of the State of the Church, and then their Opinions be altogether laid before him, in one Common View; not only Ordered this distribution of them, but determined withal both the Time, and Places of their Meeting, and after what Manner they should proceed, being Met.  
But (5thly) And to conclude all: That nothing may be wanting to show, 
§. 18.  what an entire dependence the Synods of the Christian Church have ever had upon their respective Princes; I add; That not only the Convening of them, and the Time, and Place, of their Meeting, depend upon their pleasure; but that they have, morever, Authority to appoint what Persons shall come to them, and to direct the Choice that is to be made of them.  
Thus Constantine the Great did, when 
Euseb. hister. Eccl. lib. 10. cap 5. 43.  he called the Synods of Arles and Tyre; And thus his Successors continued to do, in the most General Councils that were held by them. When Theodosius had agreed to call the General Council of Ephesus, He directed his Precept to the several 
Vid. Act. Eph. Con● p. 1 c. 32  Metropolitans, and commanded them to choose such, and so many, of their Suffragans, as they thought convenient to draw out of their Provinces, and to bring them with them to the Council. And the same Method was observed in the 
Vid. Act. Con. Chalded. Act. 1. pag. 99 Ed. Labb.  next Synod that met there. The Emperror commanded Dioscorus to Summon ten Metropolitans of his District, with such other Bishops as he thought convenient; and that none else should presume to come to it. And in another Letter, upon the same Occasion; the same Theodosius 
Ibid. pag 103. 100LS.  appointed Barsumas the Priest, to come to the same Council, and appear in it as Representative of all the Archimandrites of the East.  
It was after the same manner, that Marcian the Emperor, Assembled the Fourth General Council at Chalcedon. He wrote to the Metropolitans to come to it, and left it to them to bring such of their 
Acta Concil. Chalc●l. Chalced. ib. par. 1. num. 56.  Suffragan Bishops, as they thought fit, along with them. And when the Princes, who followed after, summoned their National Synods; they, in like manner, directed the Choice of those who were to come to them; as we see in the Synods of Vernis, and Aix la Chappelle; assembled 
Capit. Synod. Vernent. n. iv. p. 170. To. 1. Baluz. Capit. Aquisgram. Ann. 816. Prosog. Imp. ibid. pag. 562.  by Ring Pepin, and Charles the Emperor, An. 755. 816.  
'Tis true the Metropolitans, in these Cases, did oftentimes call a Provincial Synod; and therein agree, who among them should attend upon their Primate to the General Council. But neither did they always take this Course; nor, when they did, had they any Direction from the Emperors so to do. They only sent their Orders to the Metropolitans; and commonly left the rest to them, to choose such Bishops, out of their Provinces, as they thought fit.  
As for the lesser Synods, tho' the Princes did not often interpose in them, yet neither was there any choice left to the inferior Clergy, to nominate the Members of Them. To the Provincial Synods, all the Bishops of the Province were obliged, if able, to come. And they brought with them, for their Companions, such of their own Priests and Deacons as they thought fit. At the Diocesan Synod, every beneficed Priest of the Diocese, was required to appear: And they had not so much a Right, as an Obligation, lying upon them, to be present at them.  
And thus have I shown what the Authority 
§ 19  of the Supreme Civil Magistrate is, as to the Business of Assembling Ecclesiastical Synods, or Convocations. And the Sum of what I have proved, is, in short, this: * That it is the Right of Christian Princes to call such Assemblies; and that they cannot lawfully meet, but as they are either commanded, or allowed of by Them. * That They, and not the Clergy, are Judges when it is proper to Convene them: * And ought not to be censured for not assembling of them, when they are persuaded it is Needless, or would be Inexpedient for Them so to do. * That even the Ordinary Synods, required by the Canons, and allowed of by Themselves, may yet upon just Grounds be stopped by them: (And when there is a just Reason for them so to do, they are to judge:) And being so prohibited, cannot be lawfully Assembled. In short: * That whenever they do meet, the Prince is not only to appoint, or at least to approve, of the Time, and Place, of their Meeting; but may give Direction for the Choice of the Persons that are to compose them: That so he may be satisfied that they are such, whose Piety and Temper, have fitted them to serve the Church; and in whose Prudence, and Conduct, himself may safely confide.  
It were an easy matter to argue the Reasonableness of every one of these Conclusions, from the Ends of Civil-Government; and the Power that is necessary to be placed in the Hands of the Supreme Magistrate, in order to those Ends. And I need not say that Christianity came not to Usurp upon the Civil Power, but rather to engage Men to be the more ready to render that Duty, which they owe, to it. 'Tis true, by these means, the busy Tempers of some forward Men may be restrained; and to such these Limitations may seem very Odious, and Unreasonable. But they are such Men, and such Tempers, that make these Restrictions necessary: And their Unwillingness to submit to them, shows but the more clearly, how fitting it is that Princes should have all that Power I have now mentioned; to prevent them from doing both Themselves and the Church a Mischief.  
That Princes may abuse this Power to the Detriment of the Church, is no more an Argument that they ought not to enjoy it; than it would be, that they ought not to be entrusted with a Civil Power, because they may abuse that too, to the ruin of the State. But I am apt to believe, that were the Dangers to be weighed, it would be much more fatal both to the Church and State, to have some Men entrusted with an Immoderate Liberty; than others with a Sovereign Power to restrain them. And 'tis enough to answer all Pretences of this nature, to say, that whenever the Civil Magistrate shall so far abuse his Authority, as to render it necessary for the Clergy, by some extraordinary Methods, to provide for the Church's Welfare; that Necessity will warrant their taking of them. In the mean time, such an Authority as I have now shown, the Prince has in these Matters; and till things come to such an Extremity, we must leave him, as of Right he ought, to enjoy it.  
And this may suffice for the First thing proposed in this Enquiry; viz. To show, What Power the Christian Prince has, in the calling of Ecclesiastical Synods or Convocations.  
I go on (2dly) To consider, What Authority He has over Them, when They are Assembled?  
Now that may, I conceive, be reduced to these (2) Particulars: 
§ 20.   

[1st] Of his Authority to Direct, and Govern Them, in their Proceedings. And,  
[2dly] To sit with, and to preside over them, in Order thereunto.   
[1st] Then, I affirm, That the Civil Magistrate has a Right to Direct and Govern Them in their Proceedings.  
And that with Respect both to the Matters on which they are to Debate; and to the Method which they areto take, in Debating upon Them.  
1st. The Civil Magistrate has a Right, to prescribe to Them, the Matters, on which they are to Debate.  
It is one great End which the Prince 
〈◊〉 21.  proposes to himself in calling of such Assemblies, to take their Advice in things pertaining to the Church. For the Prince being the Guardian of That, as well as of the State, and concerned to provide for the Welfare of the One, no less than of the Other; ought accordingly to have his Council, with which to consult of the things pertaining to Both. Now as in Civil Matters he has his Ministers of State, and the Council of his Great Men, or People, to advise Him how to manage his Secular Concerns: so in those things which are of a pure Ecclesiastical Nature, it has generally been the Method of Christian Princes, to take the Opinion of their Bishops and Clergy; either single, or convened together; as the Importance, or Difficulty of Affairs, and the Circumstances of Times, have prompted them to do.  
But then, if this be the main End for which Synods are called, it will follow, that the Prince must have a Right, not only by Virtue of his Supreme Authority, but from the very Nature of the Thing itself, to propose to Them the Subject on which they are to proceed. It being absurd to imagine, that either a Particular Person should be sent for, or a Body of Men be convened, on purpose to give the Prince their Advice; and the Prince not be left to propose his Doubts to them, and show them wherein it is that He needs, Or desires, their Opinion.  
Now the Direction of the Prince, as to the Subject of the Synods Debates, may be either General, or Particular; or it may be partly One, and partly the Other.  
Sometimes the Prince has only declared 
§ 22.  to his Clergy, that he called them to deliberate, at large, either upon Matters of Faith, or Matters of Discipline; for the better demonstrating the Church's Doctrine, and Consent, in the One; or for the better establishing the Exercise of the Other.  
Sometimes the Occasion of their Meeting, has been to examine some particular Controversy, that has risen up, to corrupt the Faith, or to divide the Unity of the Church: As was especially seen in the Cases of Arius, and the other Heretics, on whose account the first General Councils of the Church were called.  
And in Both these, sometimes the Prince has limited their Business to the particular Consideration of that Matter alone, for which they were assembled; At other times, he has added to it such other Incidental Affairs, as he has thought fit to propose to them; Or, it may be, has given them a General Liberty, after having done their main Business, to deliberate on any thing else, that they should judge necessary, for the Glory of God, and the Good of the Church.  
And as there is such a Variety in the Ends, for which Christian Princes have been moved to call such Synods; so may there be no less a Difference observed, in the Ways which they have taken, to communicate their Wills to them.  
Sometimes both the Design, and Subject of their Meeting, have been fully set down in the Precepts, which have been sent to the Bishops, to require their coming together.  
Sometimes only a Glance has, in general, been given, in Those, at their Business; and the rest been reserved to be more fully opened to them at their Convention. And that also has been done, sometimes by a Synodical Epistle, or Commission sent to them; sometimes by Word of mouth: And that again, either by the Prince himself, if he has thought fit (as oftentimes Princes have) to sit with them; or by some other Person, whom he has deputed to declare his Will to them.  
But how great a Variety soever there 
§ 23.  has been, in the Methods that have been taken to lay open their Business to them; this is certain, that as the calling of such Assemblies, has always depended upon the Consent, and Authority of the Prince; So, when they were assembled, the Subject of their Debates has been prescribed them by the same Power; and they have deliberated on nothing, but what they have been directed, or Allowed by the Prince to do.  
When Constantine, the first Christian Emperor, being desirous to restore that Peace to the Church, which the Heresy of Arius, and the Difference between the Eastern and Western Churches, about the time of keeping Easter, had so dangerously broken, assembled the First General Council of Nice; Eusebius tells us that, at the 
Euseb. de Vit. Const. lib: 3. cap. 12.  Opening of it, He earnestly Exhorted the Bishops, by their wise Resolutions, to settle all things in Quiet and Unity. And accordingly the Subject of their Debates turned upon those two Points; and Constantine himself both assisted at Them, 
Ibid. cap. 〈◊〉  and consented to what was resolved concerning Them.  
When this did not prevail, but that the Arian Faction was resolved, at any rate, to Ruin Athanasius; and since they could not corrupt the Catholic Faith, were determined, at least, to Overwhelm him who had been the main Supporter of it; And in Order thereunto another Synod was obtained of the Emperor to meet at Tyre: the same Constantine not only prescribed them their Business; viz. to examine 
Ibid. lib. 4. cap. 42, 43.  into the Dissensions of the Churches of Egypt; but sent Dionysius, in his own stead, to be present at their Assemblies, and to take care that his Orders were in all things observed by them.  
And the same was the Method which Constantius, his Son, observed, as to these Matters: As is evident from his Management of the Great Synod of Arminum, in 
Sozom. Hist. Eccl. lib. 4. cap. 17.  which above 400 Bishops were, by his Order, Assembled. He commanded Them, in the first place, to debate the Matter of Faith; then to judge the Causes of those Bishops, who complained that they had been unjustly either deposed, or banished: After that to Examine the Crimes laid to the Charge of certain Others: And, lastly, having done what he had commanded Them to do, to send a certain number of their Body to Him, to account to Him what had been resolved by Them.  
But above all most plain was that Authority which the Emperors Theodosius and Valentinian showed in this particular, 
Vid. Act. Conc. Eph. ap. Labb. To. iii p. 436.  at the General Council of Ephesus. They not only declared, at large, to the Fathers the Cause of their Meeting, in the Letters of Summons which they sent to the several Metropolitans: But when they were met together, they sent a Synodical Epistle to them, by Candidian, and appointed him to preside over Them in their stead; both to preserve a due Freedom of Voting, and Debating among them, and also not to suffer them to enter upon any Other Matter, till they had first come to a Resolution in that, for which they were called together. And when Candidian reported to the Emperors, that the Bishops had not stuck so closely, as they Ought, to their Prescription; The Emperors 
〈…〉 d. par. 1 cap. ●5. p. 442. Et ●●fr. Conc. Eph pag. 7●4.  not only severely reproved Them for their Presumption; but annulled their Acts, and commanded them to have a better Regard, both to the Business, and Method, which They had Laid before Them.  
It was the same Theodosius, who, both by the Precepts by which he Assembled the Second Council of Ephesus, in the 
〈◊〉. Chalced. Act. 1. p. 〈◊〉, 106, 107, 110.  Cause of Eutyches; and in his Letters to the Fathers, when met; restrained the deliberations of it, to that particular busisiness, and appointed Elpidius and Eulogius, his Commissioners, to see his Orders observed.  
And when Valentinian and Marcian assembled 
Ibid. Et 37.  the next Synod, which was afterwards removed to Chalcedon; they, in like manner, determined both what they met for, and how they were to proceed in it. 'Tis true, when those Fathers had finished the Business for which they met; they entered upon several particular Debates, which were not at first laid before Them. But then this does but the more 
Vid. 〈◊〉 〈◊〉. 〈◊〉. Act. 7, 9, 10, 11, etc. 〈◊〉.  Evidently argue the Truth of what I am now Observing: For as much as we find every new Matter prefaced with this Declaration, that they had obtained Leave of the Emperors for the Fathers to consider of it; and their Orders were delivered to their Commissioners, to authorise the Bishops to enter upon it.  
But to put this Point out of all reasonable Doubt, I shall need only, to the Instances already alleged, to add that of the Council of Constantinople, held under Mena, against Anthimus and Severus, anno 536. In which when Anthimus was 
Concil. Const. sub Mena Act. 4 Edit. ●abb p. 61.  deposed, by the general Consent of the Synod; and the Bishops of the Patriarchate of Antioch, with the Monks and Clergy, desired that Severus and some Others might be Condemned; They were told by Mena, that nothing of that kind could be attempted, without the Emperor's Consent first had for the doing of it. Wherefore, says He, for the present, we desire that we may acquaint Him with what has been demanded by you. Upon this they drew up their Petitions to the Emperor, that he would Authorise Mena, and the Council, to proceed against them as Heretics. To this Justinian consented, and sent Directions accordingly to them: 
Ibid. Act. 5. p. 100, 101.  And then the Council forthwith proceeded to take Cognizance of that Affair.  
It would be endless for me to instance in all the other Examples that Occur, to show, That it has been the General Method of Christian Princes, to prescribe to their Synods what they were to debate upon, and not to allow Them to meddle with any thing, but what they either called them for, or afterwards consented They should take Cognizance of. How clearly does the same Emperor, in his Epistle sent by the same Theodorus, to the 
Vid. Epist Justin. Collat. 1. pag. 419, 422, 423. Ed Labb.  Second General Council of Constantinople, prescribe the Particulars on which they were to Consult? That they should judge of the Doctrine of the Three Persons mentioned in his Letter, viz. Theodorus, Theodoret, and Ibas: and discuss that Question which some, it seems, had started in favour of the first of them; namely, Whether an Heretic might be anathematised after he was dead?  
And if, from the Roman Empire, we 
§ 24.  pass on to Other particular Kingdoms, we shall find the Case to be still the same; and that their Princes have taken the same Course with their Synods, that the Emperors before them did with those of the Empire.  
In France there is hardly any Synod more worthy our Regard, whether we consider the Dignity, or the Antiquity of it, than the First Council of Orleans. It was that which set a Pattern to all the following Synods of that Country: And in that the Fathers expressly tell the King, 
Secundum voluntatis vestrae Consultationem & Titulo● quos dedistis, ea quae nobis vis●m est, definitione Respondimus. Con●. Aurel. 1. praefat. ad Clodovaeum Reg.  that they had sent him what seemed to Them most meet to be determined, concerning those Points which he had ordered them to debate upon.  
Upon this Foundation, Ludovicus Pius, having resolved, for the better restoring of the Ecclesiastical Discipline in France, 
Capit. An. 828. To. 〈◊〉. Baluz. p. 654.  to have Four Synods held at once in it; prescribed as well what they should deliberate about, as at what Time, and Places they should meet. And Charles the Bald, having Assembled the Synod of 
C 〈…〉. Sues. 〈◊〉. Act. 〈◊〉. La●b. To. 〈◊〉. p. 9●.  Soissons, proposed not only the Subject about which they should consult; but delivered them a draught of what he thought fit they should determine, and the Synod only Approved of it. 'Tis true there were several other Matters transacted in that Synod; but They also were done at the Command of the King, as well as with the Consent of the Bishops, who fat, and acted from the Beginning in it.  
That the same must have been the Method in Germany; the Constant Union, and Intercourse, which it had with France, in these Times, will not suffer us to doubt.  
When Carloman assembled the Synod at Liptines, about the year 743; He tells 
〈◊〉. 〈◊〉. 〈◊〉 P 〈…〉.  us the End of his doing it was, that They might advise him How the Law of God, and the Religion of the Church, which had been suffered to fall into such decay in the days of his Predecessors, might be Restored. And the same was the Design of the Emperor Arnulph, in convening the Synod of Trebur: Who being sent 
Act. C●nc. ●r●bur. apud Labb. Tom. 9 p. 441.  to by the Fathers, from their Assembly, to know what Directions He would please to give Them; returned his Commissioners, with those of the Synod, to tell them, That they should consider what they thought was needful to be done, for the Reformation of men's Manners, for the Security of the Faith, and for the Preservation of the Unity of the Church.  
As for the Kingdom of Spain, the Councils of Toledo, as they are the most Eminent of that Country, so do they sufficiently show the same Course to have obtained there, that we see did prevail in all Other Parts. In the Sixth, we find the very Constitutions themselves, in some measure, drawn up by the Order of Cinthilus their King, and only confirmed by the Synod. In the Rest, the Subject on which their Debates were to proceed, is set out to Them, and They accordingly Regulated their Acts by it.  
Thus it was in the Fourth, assembled 
Act. Conc. Tolet. iv. An. 633.  by Sisinandus, and the most regarded of any Synod in that Country. And in the Thirteenth, Egica delivered his Orders in 
Act. Conc. Tolet. xiii. An. 683. Ep. Regis ad Concil.  Writing to the Bishops; and the 
† Ibid. Unde & has in Commune Sententias, quas Principis hortatu Construendas accepimus, Communi voto Edidimus. Labb. Tom. 6. p. 1255. E.  Bishops accordingly framed their Constitutions, upon the Model that had been laid before them by that Prince.  
And the same Method he again took with the Sixteenth Synod, assembled in the same City. He delivered a Commission to the Clergy, containing a Summary of what they were to deliberate upon; 
An. Conc. Tolet. xuj. An. 693. Ep. Regis ad Synod.  and agreeably thereunto they framed their Canons and Constitutions.  
I shall conclude these Remarks with the Words of Receswinthus, to the Eighth Council of Toledo; when he delivered the like Commission to the Fathers, there assembled, that his Predecessors were wont to do: These things, says He, I might 
Conc. Tol. 8. An. 653 Id magno precatu deliberationis Exhortans, ut quae●unque illic detinentur ascripta, valido attendatis intuitu, sagaci perscrutemini study; Ac de his quae●unque extiterint placita Deo, Vestri Oris, ad Nos, sacro Referantur Oraculo. Labb. pag. 395.  have spoken to you, but I have chosen rather to comprehend them in Writing; earnestly Requesting this of you, that what you shall find therein contained, you ●ould carefully attend to, and Examine with the utmost Diligence; and whatsoever you shall think to be most pleasing to God, with Relation to these Matters, you would Report it to Us with your own Mouths.  
But, 2dly. The Civil Magistrate, has not only a Right to prescribe to His Synods the Matters, on which they are to Deliberate; but is moreover at Liberty to determine both the Manner, and the Method, of their Proceedings in Them.  
Now this, as far as concerns the Peace and Order, both of the Members of every such Assembly, and of those who meet together upon the Occasion, or Account, of it; is not to be doubted. It being a part of the Prince's Right, as he is a Civil Governor, to keep all his Subjects, Clergy as well as Laity, under a due Restraint; and not permit any Tumults, or Disorders, to be raised by them.  
But the Prince has an Authority, as to these Matters, beyond this: viz. to Prescribe not only the Subject, upon which Synods are to debate; but withal, after what Manner, and in what Order, they shall proceed to debate upon It. And to this End it was, (as well as for Peace, and Quietness sake,) that when They were not present Themselves, they commonly deputed some Commissioners in their stead, to hold the Fathers to the Rules by which they were ordered to proceed: And not suffer them to meddle with any Other Matters, than those which belonged to Them; or with those, in any Other Manner, than the Prince had appointed them to do,  
It was for this Reason, that Constantine, 
§ 26. E● seb. de Vit Const. lib. 4. cap. 41. p. 452.  who himself had moderated in the great Council of Nice, sent Dionysius to preside in that of Tyre; that he might overlook their Actions, and especially take care, that a due Order was kept amongst Them.  
But most evident is the Account which we have of this part of the Prince's Prerogative, in the Acts of the famous Conference between the Catholics, and Donatists, at Carthage, anno 411. For the Regulating of which, as Honorius and Theodofius, 
Collat. Carth. 1. cum Opt. ●ilevit. num. x. p. 31.  the Emperors, appointed Marcellinus to be their Commissioner; So the Orders which he thereupon published to be observed in it, abundantly show, how far their Authority, as to these matters, extended.  
For First, He declared to the Bishops of both Parts, that but seven of a side should speak: Yet so, that seven more should be present, with whom Those who spoke might, at any time, Go aside, and Confer in private, about any thing that should arise to be debated at that Meeting.  
Next, He appointed the Time, and Place of the Conference; and forbade any Consluence, either of the Bishops and Clergy, or of the Laity of either Part, to come to it.  
And, lastly, To the End that this Conference might finally conclude these kind of Disputes; He obliged all the Bishops of each side to promise, under their hands, that they would Abide by whatever their Delegates did. And that no Exceptions might be taken at the Report of the Conference, He ordered them to choose Four Notaries, out of their Clergy, to transcribe what was spoken; and that Four Bishops of a side should be nominated, to Overlook those Notaries; and see what was transcribed, and digested, by them. And that whatsoever Any one said, should immediately be signed, first by Marcellinus himself, and then by Him who spoke it: that so there might be no Contradiction made to the Sincerity of that Account which should afterwards be given of it.  
These were the Rules, which Marcellinus, by the Emperor's Authority, prescribed for the proceeding in that Conference; and according to these Measures, both Parties were obliged to proceed in it.  
It would betray a Desire to Cavil, rather than assord any solid Exception to this Instance, to dispute, Whether this Meeting might properly be called a Synod, seeing it is plain it was a meeting of Ecclesiastical Persons, upon an Ecclesiastical Affair: And there can no reason be given, why, if the Emperor has so much Authority over such an Assembly, He should not have as great a Power, over any other of the like kind. But yet that all possible Exception may be Removed, as to this particular; I will further show, from the Instances of several undoubted, and even General Synods, that he has the same Right to direct their Proceedings, as those of any Other Convention.  
When Theodosius appointed Candidian, to take care of the Acts of the Fathers, in the General Council of Ephesus: his Commission was limited, and he was 
Act. Conc. Eph p. 1. cap. 35.  Ordered only to see that the Monks, and Laity, raised no Disturbances in the City; that the Bishops did not fall into any Quarrels among themselves; and that every one had his liberty to Vote freely in it.  
But much larger was the Commission which the same Emperor gave to Elpidius, 
Vid. Act. 1. Concil. Chal Sacr. Com. Elp. pag. 105. Ed. Labb.  in the next Synod, which met at that place. He appointed him not only to look to the Peace of the Synod; but if he should perceive any one go about to raise any Tumults, or Disorders, to the Prejudice of our Holy Faith, he should commit him to safe Custody, and send an Account of it to the Emperor. He further commanded him to take Care, that the Fathers proceeded in Order, upon the Matters that came before them: That he should be present when they judged of them, and use his utmost Endeavours, to bring the Holy Synod to a speedy, and Circumspect Examination, of the Business which they met about.  
This is a Commission that comes fully up to our present purpose: And how exact Elpidius, and his Companion Eulogius were, in holding the Fathers to the Rules delivered to them; the Acts of this Synod, when removed to Chalcedon, do abundantly show. But I shall content myself, in so clear a Point, to Represent this in the Practice of the First Council of Ephesus, before mentioned, and so conclude this Consideration.  
Theodosius having Summoned a General 
Vid. Act. Conc. Eph. adv. C●r●l. Ed Labb. p. 404 etc.  Council to meet at Ephesus, and (as was before observed) appointed Candidian to be his Commissioner at it; the greatest part of the Bishops who were ordered to come to it, accordingly arrived at Ephesus, at the time appointed them by the Emperor. But it happened that John, the Patriarch of Antioeh, being hindered Fifteen days in coming to Ephesus; wrote to Cyril, Patriarch of Alexandria, and Precedent of the Council, not to tarry any longer for him, but to proceed in his Business without him. The Synod thereupon Summon Nestorius to appear before them. This Nestorius refuses; and, in his Excuse, pleads that the Patriarch of Antioch, with his Metropolitans, was not yet arrived. The Fathers not accepting this Excuse, after several Summons sent to him, proceed to Examine his Doctrine, and unanimously agree to his deposition. It was but a very little while after this, that John, the Patriarch of Antioch, arrived at Ephesus: And being angry that the Council had ended this matter without him, formed another Synod, consisting of about Thirty Metropolitans that came with him; and deposed Cyril, Precedent of the Council, and Memnon Bishop of Ephesus, for what they had done: In requital whereof Cyril, and the Council, Suspend both John, and his Synod, for proceeding by themselves; in so Un-canonical, and unjustifiable a Manner.  
Candidian, who in all this had favoured the Patriarch of Antioch, reports what had been done, on both sides, to Theodosius: And Theodosius immediately rescinds all that had passed, upon this Account, That they had not proceeded according to the Method he had prescribed to them; and commands them not to proceed to any farther Censures, until they had settled the doctrine of Faith, and received some New Directions from himself; which he promised to send by another Commissioner, whom he designed to depute together with Candidian, to look after them.  
The Answer of the Council to this Order of the Emperor is very remarkable, and clearly settles the Princes Right as to this particular. They pretend not that he had no Power, thus to Limit their Proceedings; or to annul their Acts, upon this pretence, that they had not proceeded according to his Directions. No, but they beg leave to inform him, that Candidian had not made a fair Report of their Actions to him: and therefore entreat the Emperor that he would order Candidian, with Five of the Fathers, to come to him; who should satisfy him that all things had been done Canonically by the Council.  
The Emperor, hereupon, sends another Commissioner to them: Who having examined both Parties, and discovered the Design of the Patriarch of Antioch; gave leave to Seven Bishops, of each side, to go to Theodosius, and inform him of their Proceedings. This they did, and the Emperor was satisfied that the Council had proceeded regularly against Nestorius: In testimony whereof, he approved of what they had done; allowed of their Acts, and confirmed them with his own Edict.  
Such Authority has the Christian Prince to direct the Acts of the most General Councils; and to require an Observance of their Directions. I proceed,  
[2dly] To show, That for the better 
§ 27.  Exercise of this Authority, He has also a Right, if he pleases, to sit in them, and to preside over them.  
So Constantine, the first Christian Emperor, 
Euseb. de Vit. Const. l. iii c. 10. 13. 17. Socrat. l. i. c. 9  did, in the first General Council of Nice: He not only sat with the Fathers, but moderated in their Disputes; and at last concurred with them in their Desinition. And though, after his Example in the Synod of Tyre, the following Emperors chose rather to preside by their Commissioners, than to come Themselves in Person, and sit among them: yet oftentimes, we know they did vouchsafe their Presence to them; and it was their Civil Affairs that prevented them, when they did not.  
Thus Marcian not only removed the Fourth General Council to Chalcedon, on 
Act Conc. Chalced. par. i Ep. 41, 41.  purpose that he might have it nearer to Him; but was Himself present in the Sixth Action of it, both to confirm what the Fathers had determined, and to settle by their Judgement the Faith of the Church to After Ages. And when, by Order of the Council, their Determination was read 
Ibid. Act. vi. p. 577. Edit. Lab.  to him, he not only approved of it, but added this farther Sanction to it; That if any Private Person, Military Officer, or Clergyman, should, under pretence of any farther Dispute concerning those Matters, cause any Disturbance; if he were only a private Laic, he should be banished; if a Military Officer, or Clergy man, he should be degraded from his Employ; and be liable to such farther Punishments, as in such Case should be thought requisite.  
And having done this, he delivered to the Father's Three Ecclesiastical Constitutions, ready drawn up, to be approved of by Them; and they all gave their unanimous Assent to them.  
But more frequent was the Custom of 
§ 28.  those Kings, who Governed in those States which arose out of the Dissolution of the Roman Empire, to sit, and act, with their Synods.  
If we look to the Kingdom of Spain, I 
Vid. Act. Concil. Tolet. iil. An. 589.  have already observed, how great a Veneration that Country has always paid to the Third Council of Toledo. There were present at it five Metropolitans, and seventy-eight Bishops subscribed to it. Now at this Meeting Reccaredus was not only himself present, but caused his Subjects, who were before Arians, to subscribe to the Catholic Faith in it. And having done this, He went on with the Fathers, to settle the Discipline of the Church; and acted rather like a Patriarch, than a Prince, among them.  
For to instance only in a Canon or Two of that Council: In the Second they tell us, that the Bishops ordered so and so, by the Advice of their most Glorious King 
Ibid. Can. i●. Consult● P●●ssimi & Gloriosissimi Domini nostri, Reccareds Regis.— Jubente atque Consentiente: Can. viij.— Annuente: Can. x.— Flavius Reccaredus Rex, hanc deliberationem, quam cum S. desinivimus Synedo, confirmans subscripsi. Ibid.  Reccaredus: In the Eighth; by his Command and Consent. In the Ninth; by his Assent. And lastly, when all was done, He thus subscribed the Acts of the Council, together with the Bishops: I Flavius Reccaredus, King; confirming this Deliberation which I have defined, with the Holy Synod, have subscribed to it.  
It is impossible to imagine any thing 
§ 29.  more full to this purpose, than what these Acts have afforded us. As for the Germane Emperors, they also sat in like manner with their Bishops. In the famous Synod of Frankford, (one of the most eminent that was ever held, after the first Ancient, and General Councils;) we read 
Act. Conc, Francof. An. 794. ap. Labb. To. seven. p. 1032.  that it was assembled, Praecipiente, & Praesidente Carolo Rege. And whereas there were three great Points debated in it, namely, first, Whether they should confirm the Sentence of Condemnation, which had before been passed upon Elipandus' Bishop of Toledo; who held, that our Saviour Christ was the Son of God only by Adoption, and according to the Flesh; not as if He were of the same Nature with God: Secondly, What they should resolve concerning the Second Council of Nice, as to the Business of Image-Worship: And, Thirdly, How to end some Secular Affairs: It may be observed, that in the Two first of These, which related to Matters of Doctrine, we find nothing of the 
Vid. Can. ay, two.  Emperor's defining with the Bishops; as neither of the Bishops concurring with Him, in the Third: But in all the Other Canons, which concern the Discipline of the 
Ibid. Can. iii, iv.  Church, the King, and the Synod, join together; and the Phrase runs in these Terms, Statutum est, Definitum est, à Domino Rege, & à Sanctâ Synodo.  
I might to this add many other Instances of the like nature, but I shall take notice only of one; and that of a Synod held under another Emperor, lest any one should think that Charles the Great, had taken more upon him, than did of Right belong to him: And it shall be of the Synod of Trebur, called by Arnulf the Emperor about the Year 895. At the head of the Subscriptions made to which there is this remarkable Passage: In this Holy Council, the most Glorious King Arnulf, 
Vid. Act. Conc. Trebur. apud Labb. To. ix.  our pious Prince presiding, and assisting; sat the Holy Fathers which came together, with the Venerable Pastors of the Church: And what they established, agreeably to the Catholic Faith, they, by a like profession, confirmed, and with one accord subscribed to.  
In short, that the Princes of whom I have now been speaking did no more, than all the other Emperors have been confessed to have a Right to do, is manifest from the Constitution made to this purpose, in a full Synod, An. 742. Where after a long Debate of the Prince, with his Bishops and Priests, how the Law of God, and the Discipline of the Church, might best be restored; it was, in the very first place resolved, that a Synod should be held every Year; and that the Emperor 
Capit. Dat. An. Christi 742. in plenâ Synodo. n. 1. Statuimus per Annos singulos Synodum Congregari, ut Nobis praesentibus Canonum decreta, & Ecclesiae Jura restaurentur, & Religio Christiana emendetur. Capit. To. 1. pag. 145.  being present, the Decrees of the Canons, and the Rights of the Church should be renewed. and the Christian Religion be amended.  
And how far the Design of this Canon was to extend, may at large be seen in the Injunction made thereupon by the Emperor; which we find in the Collection of the same Capitularies, according to the Edition of Benedictus Levita, pag. 823. Num. two. ibid.  
And now, if from Germany we pass into 
§ 30.  France, we shall there also meet with the like Practice. It was the constant Method of Charles the Great, in that Kingdom, as well as in the Empire; to preside over his Clergy. Thus we see he did in most of those Synods, whose Acts remain to Us: And in an Ancient MS. of St. 
Vid. Not. Baluz. in Capit. Aquisgran. To. 2. pag. 1036.  Germains, wherein the Canons of the Bishop of Langres are transcribed, the first Chapter carries this Inscription; Out of the Council of Bishops, where Charles the Emperor Presided. And Charles the Bald not 
Ap. Labb. To 8 pag. 80.  only Sat in the Second Council of Soissons, anno 853: but proposed to the Fathers what He desired they should debate about; and oftentimes prescribed to their very Resolutions also.  
From what has been said, I may now, I conceive, take it for granted, That the 
§ 31.  Prince has a Right either to preside over his Synods in Person; Or (if he rather thinks fit,) to appoint his Commissioner to do it in his stead. The only difficulty will be to determine how far he may be accounted a Part of the Synod; and be allowed not only to Preside over it, but also to Sat, and Vote in it.  
And, 1st. As I have observed, that One great End of his Sitting there is, to keep the public Peace, and to see that all things be Regularly, and Quietly, transacted, by the Bishops and Clergy in them; So it must also be allowed, that He has all that Power over Them, that is necessary for the obtaining of this End. He may therefore, without Controversy, Commend the Modest and Ingenuous; Reprove the Factious; May keep all to their proper Business; and not suffer them to Wander into other Matters, or pursue any other Method, than what He has prescribed to Them. And, if any shall become so disorderly as to need it, He may, as the ancient Emperors did, not only commit such turbulent, seditious Persons, to safe Custody, and punish them according to the Nature of their Offence; but, if need be, may annul the Acts that were so tumultuously and irregularly done by Them.  
2dly. In the Debates of every such Synod, of whatever kind they be, the Prince may freely join with the Synod; and offer any Objections, or propose any Difficulties, He shall think fit; in order to his being better convinced of the Truth of what is to be believed; or of the Expediency of what is determined by it. For Princes are Men of Reason and Capacity, as well as Bishops and Priests; And, when a Matter is debated, may be as capable of making a sound Judgement, as any One that is there Assembled.  
It has, I know, been speciously Objected against this, that Princes have commonly Other things to do than to study Divinity; to read Commentators, Fathers, Councils, and the like Books; which are the proper Subjects of the Clergies Meditations. This indeed is true, nor shall I go about to deny it: But are they sure it is necessary that the Prince should have studied all these Books, to be able to make a sound Judgement of what may be alleged out of Them? May not a Point be proposed, and Scripture be Quoted, and Antiquity Alleged; and Learned Men canvas these Matters so long, till a Slander by, who is endued with a good Natural Judgement, shall be able very evidently to discern, on which side the Truth and Authority lies? If not, I am sure the Generality of Christians will be left under very hard Circumstances; who must, at last, believe as the Church believes; and pin their Faith upon the Authority of their Clergy; and neither be aloud to judge of the Grounds of it, nor, if once in an Error, be capable of ever being convinced of it. But if therefore it must be confessed, that an Argument may be managed by Learned Men, in such wise, as to convince those that are not Learned, on which side the Truth lies; then certainly the Prince may also be capable of discerning whether his Synod has Reason for their Definitions, or not; tho' He has not perhaps himself Read so much Divinity, as to be able to enter into the Learned Part of the Debate with the Fathers of it.  
Whether therefore it be a Matter of Faith, or a Matter of Discipline; I see no Reason why the Prince, if he think fit, may not only be present when the Synod debates about it; but may not also enter into the Merits of the Cause with Them: and propose his Doubts, and manage his Arguments, and do whatsoever is requisite to his full Information, and Satisfaction Concerning it.  
And having done this, I add 3dly. That as Charles the Emperor did in the Great Synod of Frankford, so may Every Other Christian Prince, if he please, do still; I mean, may Vote with Them in such things as concern the Discipline of the Church: Because in these both the Rights of the People, and the Power of the Prince, are, for the most part, very nearly concerned.  
Whether the Prince may judicially concur with the Clergy, in their Decisions in Matters of Faith, I do not think it worth the while to dispute. Thus much I dare confidently affirm, That if He may not judge with them; He not only may, but must, judge after them. For as much as He is not only concerned in Common, with his Subjects, to believe aright; but, as a Christian Prince, aught to assert the Right Faith too: And do what in Him lies, to promote the belief, and profession of it in his Dominions.  
For, give me leave thus far to anticipate, what I shall presently have Occasion more particularly to Consider: When the Synod has settled the Doctrine of Faith, and framed, as they conceive, a just and Orthodox Confession of it; Is it the Duty of the Prince to Receive and give Countenance to their Definition, or is it not? To say that it is not, is to sink the Credit of such Meetings very low indeed, and to make their Assembling of very little Consequence; if, when They have done all they can to fix the Doctrine of the Church, neither the Prince has any Obligation to support their Definition, nor the People to Receive it.  
But if, when the Synod has done, and their Sentence is passed, and perhaps their anathemas too have been thundered out against all that shall presume to call their Decisions in Question: the Prince is obliged to add his Sanction to their Definition: Then, I hope, They will think it to be their Duty, in order to his confirming their Decrees with a Good Conscience, to convince him of the Truth of them; and not Expect that he should not only believe Himself, but should oblige Others to Believe, what neither He, nor They, see any Reason to Receive. For whatever, in some men's Opinion, a General Council may be; yet I hope no One will pretend that we must believe every particular Convocation, to be infallible, in its Definitions.  
Let this then be the Result of our second Enquiry; viz. * That the Christian Prince has a Right to prescribe to his Synods the Work they are to go upon; and to Restrain them from meddling with such things as do not belong to Them. * That he may Direct, not only the Subject, but the Order, and Method, of their Debates. * That He may, if He please, Sat, and Deliberate, with his Clergy in them: And interpose his Judgement, not only in Matters of Discipline, but in Matters of Faith too. * That it is not only his Right, but his Duty to Examine what they have concluded upon: and either to Confirm, or Rescind their Decisions, according as He shall remain satisfied, or not; of the Truth, the Justice, and the Expediency of Them.  
And this brings me to the Third, and last Question proposed to be Considered, 
§ 32.  viz.  
[3dly.] What the Authority of the Prince is, with Relation to these Conventions, after They have Ended what was to be done by Them.  
Now that may be Considered in a double Respect:  

1st. With Reference to their Persons. And,  
2dly. To their Acts.   
1st. With Reference to their Persons.  
I have before shown, that no Synod can Regularly be assembled, without the Consent 
§ 33.  of the Civil Magistrate. I now add; That neither, being assembled, can They dissolve Themselves, and depart from any such Council, till Licenced by him so to do. This is a Right that has ever been Acknowledged by the Clergy, to belong to the Christian Prince; And therefore I shall need to insist the less upon the Proof of it.  
When the Fathers, who were called by Constantius to Ariminum, had done the Business for which they were Convened; and sent their Delegates to attend the Emperor, with an account of their Proceedings; They finally besought Him that 
Athan. de Synod.  He would give them leave to return to their Churches; lest they should seem, by their Longer Stay, to have been forsaken by their Bishops. 'Tis true we are told, by Sozomen, that the Emperor, being 
Sozom. Hist. Eccl. Lib. 4 cap. p. 568.  displeased at their firm Adherence to the Catholic Faith, Refused to give any Answer to them: Whereupon, Growing weary of staying any longer, at a Place where they had nothing to do, they Returned, of their Own Accord, to their several Churches. But then he tells us withal, that this the Emperor Resented as a very Great Affront which they put upon him; and when he had an Opportunity, he expressed his Resentments accordingly against Them.  
But Theodosius and Valentinian took more Care of the General Council assembled by them at Ephesus. For having appointed Candidian to look after it; one part of that Instruction which they gave to him was this, that he should by all means take Care that none of the Bishops left the City, till all things were 
Act. Conc. Eph. p. 1. cap. 35 Epist. Imp. per Candid ad Synod. Vid. part. 3. cap. 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  finished for which they came together: And particularly, till they had, with all Exactness, settled the Catholic Faith, in Opposition to the Heretical doctrine of Nestorius; upon whose account that Synod was Assembled.  
Such was the Right which the Emperors claimed over their Bishops in this particular: And for the Exercise of it, we 
Act 6. Con Cal●ed. in ●●n. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  shall need look no farther than to the next General Council. Where when Marcian the Emperor came into the Synod, and approved what the Fathers had done; after their other Acclamations, they all unanimously requested, We beseech thee dismiss, or dissolve us. To this the Emperor returned, that they should tarry yet Three or Four days; and move whatever they would, and they should receive all due Encouragement from him. And then concluded the Session with these Words, see that none of you depart from the Holy Synod, before all things 
〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  be fully completed.  
It is therefore the duty of all Synods, as they are Convened by the Prince's Authority, so to tarry till they have the same Authority for their Dissolution. As for the last particular, wherein we are to consider the Power of the Christian Magistrate, viz.  
2dly. With Relation to the Acts of their Synods: It is, I conceive, allowed on all hands, that their definitions are no farther obligatory, than as they are Ratified, and Confirmed by the Civil Authority. For though the Faith of Christ neither depends upon the Authority of Man, nor is subject to the Power either of Synods, or Princes, as to what concerns the Truth of it: Yet what that Faith is which shall be allowed to be professed, in every Community, by the Laws of it; and receive not only Protection, but Encouragement, from the Civil Power, must be left to the Prince to determine: And the definitions of Synods in favour of it, will signify very little, till what they have determined to be the right Faith, be also allowed by the Civil Magistrate, to be publicly professed and taught; and be received into his favour, and under his Patronage, as such. But much more reasonable as well as necessary, is the Confirmation of the Prince, to give Authority to those Canons which regard the discipline, and polity, of the Church. Because in these the interest of the State is Concerned: And an Authority usurped; and men's civil Interests either directly, or by consequence, affected: And to all which as the Consent of the Prince is required, so the nature and ends of Government will not permit, that any thing of this kind should be done, within the State, without his Consent first obtained for the doing of it.  
Hence it is that, from the Beginning, Christian Princes have not only taken upon them to confirm the Acts of their Synods, if they have thought fit; but have been petitioned to by their Synods, that they would do so. Thus Constantine the Great was desired, by the first General 
Socr. Hist. Eccl. l. 1. c. 3. Theodoret. l. 2. cap. 4.  Council, to ratify, by his Authority, what the Fathers had Determined. 
‖ Vid. Ep. Concil. ad Theod Im.  The same was Demanded of Theodosius, by the Second General Council of Constantinople. 
* Act. Con. Eph. Act. 6. p. 764. etc. Item part. 3. c. 15. 47.  In the Third General Council of Ephesus, the Fathers in like manner addressed to the younger Theodosius and Valentinian, for the Ratification of what had been done by Them: And so did Those of the Council of Chalcedon, to Marcian the Emperor, 
Vid. Act. Concil. Chalced. par. 3. cap. 4.  for the same purpose. And all these Emperors answered their Desires; and Confirmed their Acts accordingly.  
It were an Easy Matter to show, that the same Method still continued in all other Countries, and Kingdoms after; so that no Princes ever suffered any Canons to be put in Execution, till they had first been Viewed, and Approved of by them, as no way prejudicial to their Royal Power and Dignity. But because this is a Point, that is not, I conceive, at all denied among us; and that I look upon the Power of the Christian Prince to extend much farther, than to the bare Confirmation of what the Synod has determined; I will proceed more particularly to show, what his Authority in this Respect, is; and how the final Determinations of such Assemblies, fall at last under the Power of the Prince's Judgement.  
And 1st; As it would be absurd to 
§ 23.  suppose that he should, so it is certain that the Prince is not obliged, at all Adventures, to confirm whatsoever the Clergy shall think ●it to determine. This were not only to give an immoderate Power to the one, but unreasonably to confine and limit the other. It were in truth to hoodwink the Prince, and not allow him the common Privilege of a Rational Creature; to know and examine his Actions, and proceed with Reason and Discretion in Them. And it were as well plainly to say that Synods have a Supreme Authority; and are no way accountable to any Civil Power in what they do: As to pretend that the Prince shall be obliged, at all Adventures, to Ratify, and the People (by consequence) to submit to, whatsoever it shall please them to determine.  
It were indeed to be wished, that such Venerable Assemblies might always be composed of Men so Wise, and Prudent; and that they would proceed in all things so calmly and impartially; that the Prince might evermore find it to be both Just, and Honourable, for Him, to take upon him the Protection and Guardian-ship of their Definitions. But because such is the Condition of Humane Nature, that Passion and Prejudice, Ignorance and Interest, Noise and Clamour, oftentimes break in, and confound the Proceedings of these, as well as of all Other Assemblies; and many things are debated hastily, carried on with Faction, and concluded Unreasonably; 'tis very fit and just, that the Prince should give Direction to have their Actions carefully Review'd, and Considered, before He assents to Them: That so he may not be imposed upon, nor do either the Church, or Himself a Prejudice, by a blind compliance with the Dictates of his Clergy.  
And for the same Reason that He ought to have a Power of Examining the Councils Acts; it follows,  
2dly. That he must also be allowed to have a Power of Annulling, and Rejecting what they have done, if it shall appear to be Hurtful, or Unjust; as well as a Power to Ratify and Confirm it; if they shall be found to have proceeded canonically, and to have acted for the Good, and Benefit, of the Church. It being in vain to allow the Prince a Liberty of Examination, if there be not left him a Liberty of Choice and Resolution: And an Authority indifferently either to confirm, or reject their Definitions; according to the Judgement which He shall finally pass upon Them.  
But because, where many things are Done, and several Constitutions made; it is possible a different Judgement may finally Remain in the Mind of the Prince concerning Them; so that He may Approve of some part of what the Synod has determined, and dislike the Rest: It will from hence farther follow,  
3dly. That he ought to have a Power not only to confirm, or reject, the whole of what the Synod has done; but to confirm that part of their Acts which he is persuaded will be for the Church's Benefit; and to annul that, which he thinks would be otherwise.  
Whether it will be thought to be as Reasonable, 4thly, That the Prince should be allowed a farther Power to alter, or improve, what the Synod has defined; to add to, or to take from it; so as to render it, in his Opinion, more useful to the End for which it was designed, I cannot tell. But sure I am that this Princes have done; and so, I think, they have Authority to do. For since the Legis-lative Power is lodged in their hands, so that they may make what Laws, or Constitutions, they think fit, for the Church, as well as for the State: Since a Synod, in matters relating to Discipline, is but a kind of Council to them, in Ecclesiastical Affairs; whose Advice having taken, they may still act as they think fit: Seeing, lastly, a Canon, drawn up by a Synod, is but as it were Matter prepared for the Royal Stamp; the last forming of which, as well enforcing whereof, must be left to the Prince's Judgement: I cannot see why the Supreme Magistrate, who confessedly has a Power to confirm, or reject, their Decrees, may not also make such other Use of them as he pleases; and correct, improve, or otherwise alter their Resolutions, according to his own liking, before he gives Authority to them.  
'Tis true, in this Case, the Prince will not so much confirm what the Synod has done, as take Occasion from that which the Synod has done, to make another Ecclesiastical Law of his Own. But still this Power the Supreme Civil Magistrate has: And if this be all the Use he shall think fit to make of his Synod, viz. to suggest to him fit matter for the making of some seasonable and good Laws; I do not see wherein he can be accounted to abuse his Authority: And sure I am, 'tis no small Service done the Church, to suggest such Thoughts to the Prince, as otherwise perhaps might never have entered into his Mind.  
And as the Prince has this Authority 
§ 36.  over the Canonical Resolutions of his Synods, so has he no less, over their Judicial Determinations: Which,  
5thly. He may either confirm, suspend, or totally annul; as he thinks they have proceeded either fairly, and impartially, and with good Judgement; or else hastily, and partially, and with Prejudice in them. For the Prince, as He is the supreme Fountain of Justice in the State, so does it appertain to him to rectify the undue Proceedings of inferior Judges: And to his Conscience there will always lie an Appeal, let the Synod determine how it will.  
These are the Rights of Christian Princes, with respect to the Actions of Synods, after they have done their Business; and that these have All been confirmed and allowed of to them by such Assemblies, I shall now proceed, from a brief History of this Matter, to show.  
When Nestorius had infected the Church with his Heresy, he was by two of the Greatest Patriarches of the World, Celestine Bishop of Rome, and Cyril Bishop of Alexandria, in their several Provincial Synods, justly condemned; unless he should repent of his Error within ten days. Being informed of these Sentences, thus passed against him, he applied himself to Theodosius the Emperor; complained of their Proceedings, and desired that a General Council might be called, to judge of this Matter.  
Theodosius, who at the same time was moved by Others to the same purpose; Resolves upon a General Council to meet at Ephesus; and in the mean time, suspends the Decrees of the two Provincial Synods, and orders that nothing should be innovated till that Council should meet. And when the Council was met, the Fathers were so far from complaining of this Suspension, as a hard thing; that they appointed the Emperor's Order to be inserted into their Acts, and thereby gave a kind of Conciliary Authority to it. Or if this be not yet plain enough, let it farther be observed, that the Council hereupon treated Nestorius, both in Words and Actions, as a Catholic Bishop; and invited him to come, and sit among them as such. Which evidently shows, that the Council made no doubt, but that the Emperor had sufficient Authority to suspend those Synods Decrees; and that by his Suspension, their Sentence had not yet taken place against him.  
And the same was done in the Case of Eutyches, the next great Heretic that infested the Church. Who being condemned by Flavian, Patriarch of Constantinople, and his Council; obtained of Theodosius another General Council to meet at Ephesus, under the Presidence of Dioscorus Patriarch of Alexandria. In this Council, by the Power and Fury of Dioscorus, all was tumultuously transacted; and Flavian was condemned, as having deposed Eutyches contrary to the Canons.  
Against this Sentence, Flavian appeals; and Pope Leo being applied to, calls a Synod at Rome, and therein rejects the Acts of the Ephesine Council; in which all things had been carried in a very disorderly, and ●ncanonical Manner. For the better repealing of which, Leo applies to Theodosius for help: He entreats him, that he would by his Authority rescind all that had been done, either by Flavian against Eutyches, or by Dioscorus against Flavian; or at least would suspend it, till a General and Free Council should determine the Matter.  
'Tis true, this Theodosius would not consent to; tho' Leo had interested no less Persons than Valentinian, and his Empress, in the Cause with him. But yet Leo's Request shows that he thought the Emperor had Power to rescind the Acts of Both those Councils: And his Refusal convinces us, that he himself thought he was no way concluded by what Leo, and his Synod, had resolved: in Opposition to the Council of Ephesus. However, what Theodosius refused, Marcian assented to. He caused a General Council to be held at Chalcedon; and when he found Flavian to be justified by it, he revoked both the Definition of the former Synod, and the Constitution of Theodosius against him.  
Such an Authority were the Emperor's wont to exercise over the Acts of the most General Councils, in confirming, suspending, or annulling their Sentences! And so undoubtedly did the Bishops in those times believe that they ought of Right to be allowed such an Authority.  
Nor has the Prince any less Power to 
§ 37.  judge of their Constitutions, than to inquire into their Sentences; and either to confirm, or reject them, as he approves, or not, of their Decisions.  
When Reccaredus confirmed the Canons of the Third National Council of Toledo; he gave this Reason why he did it, That 
Edict. Reg. de Confirm. Conc●●ii Tol. iii Cum enim sensus maturitate, & intelligentiae Gravitate, constant esse digesta, nostra proinde Authoritas jubet, etc.— Capitula enim quae nostris sensibus placita, & disciplinae Congrua, à praesenti conscripta sunt Synodo; in omni Auctoritate— observentur, & maneant.  they were composed with great maturity of Sense and Understanding; that they were agreeable to his Judgement, and conformable to the Discipline of the Church.  
It was the same Persuasion that moved Ervigius to confirm the Acts of the Thirteenth Synod, held in the same City. 
Vid. leg. in Consir Concil. Editam.  He specially recited, and approved of their Decrees; and by his Royal Authority formed their Canons, into an Ecclesiastical Law, for all his People to observe. The same did Egica, in the Seventeenth Council: 
Vid. leg. in Confir. istius Concil. Edit.  He recited the several Heads of what the Fathers had done; and upon a mature Consideration, a full Knowledge, and Approbation of their Acts, he gave force to them.  
The truth is, it seems to have been the usual Method of the Princes about this time; not so much to confirm the very Acts of their Synods, as to form the Substance of their Definitions into a Law; and to take Occasion from their Decrees, to determine such things as concerned the Church. Thus the Spanish Kings, now mentioned, did: and so Clotharius the Third, did, with Respect to the Fifth Council of Paris, An. 615. He published his Edict in the Close of it; and therein expressly established what the Fathers, in the Synod, had agreed to.  
It was after the same manner, that a great part of the Capitulars of the French Kings were composed. They took the Substance of what their Synods had agreed 
Capit. 1. An. 813 sive Capitula xxviii. de Confirmatione Constitutionum quas Episcopi in Synodis, Auctoritate Regiâ nuper habitis, constituerant.— Et capit. An. 814. cap. xiii. Has omnes Constitutiones ecclesiasticas, quas summatim, breviterque perstrinximus, sicut plenius in Canone continentur, manere p●renni stabilitate sancimus. Col. 530 Tom. 1. Baluz.  to; and having examined, and formed it, according to their own liking, they published it for a Law to their Subjects. Insomuch that sometimes they have even referred to the Canons of their Synods, for the more clear understanding of what the Law had only briefly, and, in general, delivered.  
Such, in particular, was the Use which both Carloman, and Charles the Emperor, made of his Synods. They called them, as their Council, to advise them in Ecclesiastical Matters; and their Synods looked 
Vid. Praef. Synod. ●iptinens. An. 743.  upon themselves no otherwise. They submitted their Decrees to their Examination; and pretended not to expect that They should confirm them, any farther than they appeared to them to deserve it. Thus the Fathers, in the Third Council of Tours, declare, that they met to assist the 
Praef. Concii. Turon. To. vil. p. 1260.  Emperor by their Remarks of what they judged to need some Amendment. And having drawn up their Opinions in Fifty one Canons, they thus finally conclude All: These things we have thus debated in 
Haec nos in Conventu nostro ita Ventila●imus: sed quo modo deinceps pi●ssimo Principi nostro de his Agendum placebii, nos sideles Ejus samuli, libenti animo, ad Nutum, & voluntatem ejus parati sumus. Ib. p. 1270.  Our Convention: But how it will please our most Pious Prince hereafter to Act, with Relation there unto; we, his faithful Servants, are Ready, with a willing Mind to submit to his Pleasure.  
And the same was the Deference which the Council of Arles, which met the same Year, paid to his Authority. These things, say the Fathers, which we found 
Conc. Arelat. vi. post Can. 26. Haec igitur sub brevitate, quae Emendatione digna perspeximus, quam brevissimè annotavimus, & Domino Imperator● presentanda decrevimus; Ut siquid hic minus est, ejus prudentia suppleatur: siquid secus quam se Ratio habet, ejus judicio emendetur: siquid Rationabilier taxatum est, ejus ad●utorio, divina opi●ulan●e Clementia, perficiatur.  to need Amendment, we have in a few words, after the shortest manner, observed, and decreed to present to our Lord the Emperor: Beseeching his Clemency, that if Any thing be found wanting, it may be supplied by his Prudence; If any thing be designed otherwise than in Reason it ought to have been, by his Judgement it may be Amended; if any thing be Well and Rationally decreed, it may through his Help, by the Blessing of God, be brought to Perfection.  
Such a Submission did these Synods pay to their Emperor: And this makes good what Eginhart, a Contemporary Author, of the Life of Charles the Great has observed, as to this Matter: That Councils, 
Eginhart. de Vit Carol. Magn.  by his command, were held throughout all France, for correcting the State of the Church; And the Constitutions which were made in Each of Them, were All together Compared, and Examined by Him, in the Convention of Aix la Chappelle, Anno 813.  
I might farther confirm this, from the Instances of many other Synods, which have in like manner, owned the same Authority: But I shall conclude all with the Words of that Council, which gave Pattern to all the Rest of that Country; I mean the First Council of Orleans, under King Clovis, Anno 511: whose Epistle to the King runs in these Terms: To their Lord, the Son of the Catholic Church; the most Glorious King Clovis, all the Priests whom you have commanded to come to the Council.  
For as much as so great a Care of our 
Quia tanta ad Religionis Catholicae Cultum Gloriosae fidei: Cura Vos excitat, ut Sacerdotalis Mentis affectu Sacerdotes de rebus necessariis tractaturo●. tractaturos in unum colligi justeritis; secundum— Voluntatis vestrae Consultationem, & Titulos quos dedistis, ea quae nobis visum est definitione Respondimus: Ita utisi ea quae nostatuimus. etiam vestro Recta esse Judicio comprobantur, tanti Consensus Regis ac Domini, majori auctoritate servandam tantorum fi●met sententiam Sacerdotum. Inter Act. Concil. Aurelian. 1. Anno 511.  Glorious Faith stirs you up, to the Honour of the Catholic Religion, that with the Affection of a Priestly Mind, you have commanded your Priests to be gathered together into one Place, to treat of such things as are Necessary; We have, according to the Purpose of your Will, and the Heads which you gave to us, answered in Our Definition, as to us seemed Good: So that if those things which we have Established, are also approved of, as Right, by your Judgement; The Consent of so great a King, and Lord, may Confirm the Sentence of the Priests, to be observed with the Greater Authority.  
And thus have I done with the First 
§ 38.  Thing which I proposed to Consider. I have shown what Authority the Christian Prince has always been accounted to have over Ecclesiastical Synods; with respect to the Assembling of them; to their Proceedings whilst they are Sitting; and to the Confirming, or Annulling, their Decrees afterwards. I shall make only an Observation or two upon the whole, with Respect to our present purpose; and so conclude this Chapter.  
And, 1st. I must take notice, that whatever Privileges I have here shown to belong to the Christian Magistrate; they belong to Him as such: They are not derived from any positive Laws and Constitutions; but Result from that Power which every such Prince has Originally in Himself; and are to be looked upon as part of those Rights, which naturally belong to Sovereign Authority.  
Hence we find, that All Princes, in All wountries, how different soever they have been in other Respects, have yet evermore claimed an Equal Authority in these Matters. And the little Kings of Suevia, and Burgundy, accounted themselves to have as good a Title to Them, as the Roman Emperors, in their most flourishing Estate, had.  
Which being so, it will follow 2dly: That every Sovereign Prince, has a Right to Exercise this Authority, within his Dominions: And that to prove this Right, it is sufficient to show, That he is a Sovereign Prince; and therefore ought not to be denied any of those Prerogatives, which belong to such a Prince; among which this Authority is One.  
'Tis true, such Princes may, by their own Acts, limit themselves, as they think fitting. And these Limitations may give such Assemblies a Privilege in One Country, beyond what they have in Another. But then these Limitations must be plainly proved to have been made in their favour: And till they are so, the Prince must be accounted to have a Right to that Power, which, as a Prince, belongs Him; and is not yet proved to have been given away by Him.  
And therefore 3dly: Whereas it is now to be Enquired, What the Authority of our Kings is, over our Convocations; We have thus far proceeded towards the discovery of it, that we have shown what Power They had Originally over Them, and, as Christian Princes, ought still to Enjoy. And those who will Restrain Them with narrower Bounds, must first show, how they came to lose that Power, which they would take from Them; and which, till This shall be cleared, they must be Presumed still to have a Right to.   

CHAP. III.  
Of the Authority which our Own Kings have over their Convocations; with Respect both to their Meeting, and Acting first; and to the Confirming, or Annulling of their Acts after.  
WE have now seen what Authority 
§ 22.  all Other Christian Princes have claimed and Exercised over their Clergy, from the first Conversion of the Empire to Christianity; till the Prevalence of the Papal Power, began to deprive Them of that Supremacy, which, of Right, belonged to Them. Let us go on, upon this Foundation, to Inquire.  
II. Whether our Own Kings, have not as Great an Authority over their Convocations; as any Other Princes have ever pretended to, over their Councils?  
That this, of Right, they Ought to have, I have before observed: The only Question is, whether our Own particular Constitution has interposed, to deprive Them of that Authority, which, we have already shown, did originally belong to Them.  
And here I might justly leave it to Those who advance such Pretences, to produce their Proofs, and show us upon what Grounds they do it: And account the Right of our Kings to this Authority, to have been sufficiently established, in that common Claim, which I have already proved all Christian Princes, as such, have ever made to the Exercise of of it. But that nothing may be wanting to the clearing of this Matter, beyond all reasonable Exception; I shall, to the General Argument I have before made use of, add those particular Confirmations, which our own Laws and Customs afford us, of this Truth: And show, that, by our own Constitution, the King of England has all that Power, at this day, over Our Convocation; that ever any Christian Prince had, over his Synods.  
(1st.) Then, if we consider His Authority, as to the first thing beforementioned, viz. of Calling together of the Clergy, in Convocation.  
We are told by One of the most Eminent Professors of our Laws, that it was, among other Points, Resolved by the Two Chief Justices, and other Judges, at a Committee of Lords in Parliament; Trin. 8. Jac. 1. That a Convocation cannot Assemble, at their onvocation, without the Assent of the King. And One would think such Persons should not only be very well Qualified to know what our Law is; but should also be very Careful, (especially at such a Time, and in such a Place,) not to deliver any thing for Law, which They were not very well assured was so.  
But because some have excepted against the Authority of this Report; as a Piece that was published after the Death of the Author, and in Suspected Times; (Tho' I cannot see what Interest any One should have, to falsify his Relation in the Instance before Us;) We will take his Opinion from a Book which we are sure is Authentic, and lies open to no Exceptions. 4. Instit. pag. 322. Where treating expressly about the Court of Convocation, He affirms, that the Clergy were never Assembled, or Called together, at a Convocation, but by the King's Writ. And in which, tho' I am sensible He has spoken a little too Generally, as to matter of Fact; yet in point of Law, (and in which only I make use of his Authority,) I cannot but look upon him to have been absolutely in the Right: It being certain that the Clergy not only now cannot, but never could be, lawfully, called together in Convocation, but by the King's ●rit, or with his Consent.  
And in affirming this I say no more, than what was the joint Opinion of the whole Representative Body of the Nation; as well of the Clergy in their Convocation, as of the rest of the Realm, in Parliament; 25 Hen. 8. And from whence, if from any Authority, we may certainly the best take our Measure to judge, Whether a thing does, of Right, belong to the King, and is a part of his Royal Prerogative, or No.  
For, 1st. As for the Clergy; We are told in the Preamble to the Act of the 25 Hen. 8. chap. 19 That the Clergy of this Realm of England, had acknowleged, that the Convocation of the same Clergy is, always hath been, and aught to be, Assembled, only by the King's Writ.  
And, 2dly. As for the Laity, the Parliament in the same Act not only concurs in the same opinion with Them, in the Preamble beforementioned; that this their Acknowledgement was according to the Truth: But in the Body of the Act itself, have Provided thereupon, that from thenceforth They never should meet in Convocation, without the King's Leave, to Empower them so to do: Be it enacted (say They) by the Authority of this present Parliament, according to the said Submission, and Petition of the said Clergy; That They, ne any of Them, from henceforth, shall presume to Attempt, etc. Nor shall Enact, &c— in their Convocations, in time Coming; Which always shall be assembled by Authority of the King's Writ. And from all which it is Evident, that in the Opinion both of that Parliament, and of that Convocation; the King not only aught to have, and by Law, now has, the sole Authority of Calling the Clergy together in Convocation; but that this is such a Power as did always of Right belong to Him; and that no Convocation ever could be lawfully assembled, without his Permission, or against his.  
Hence it is that not only our Present Convocations are all summoned by the King's Writ, directed to the Archbishop of Each Province, for that purpose; but if we look back to the times preceding this Statute, we shall find the same to have been the ancient manner of summoning of Them. And tho', in a matter of this Nature, it is not to be expected we should be able to produce the very Copies of the Writs, by which our Convocations were called, from the beginning; yet I shall hereafter plainly prove, that, from the beginning, they did meet by the King's Command: And we have the very Writs of Summons as far back as the 9 Edw. 2; that is to say, for above 200 years, before this Acknowledgement of the Clergy, and Act of Parliament, were made.  
Such Right have our Kings to Call their Convocations: Nor is their Authority 
§ 4.  any less, in all those Circumstances which I have showed, were wont to Accompany their Calling Them.  
If we consider the Time, and Place of their Meeting, they are expressly limited in the Writ, by which They are Summoned. And tho' Custom has, of late, so far prevailed, that the Convocation has generally met at the same Time that the Parliament has done; and at St. Paul's Church, or Chapter House in London; yet have not our Kings ever been so far confined in either of these Particulars, as not to have it still in their Power, to call the Convocation at any other time, or to any other place, which they shall think sit.  
In that ancient Summons I before mentioned; (perhaps the most ancient of any we have now remaining;) of the 9th. of Edw. II. The Convocation was called to meet Febr. 9 but the Parliament sat October 16. foregoing. And in the Writs of these latter times, though the Convocation be called, and its Session confined to that of the Parliament; yet still, if the King pleases, he may continue the 
See the Hist. of A B. Land pag. 80.  sitting of the one, after the other is prorogued, or even dissolved: And for the Place, it is sometimes determined to be 
See the Writs of Summons, Append.  St. Paul's, London; but for the most part is left, with a Greater Latitude, to be held at any other Place, which the Archbishop shall judge to be more convenient for it.  
And the same is the Case as to the 
§ 5.  Persons, who are to come to the Convocation; and the Choice of whom as it is still determined by the King's Writ, so must it be allowed to have Originally depended upon it. For having first declared, in General, the Reason, wherefore he had resolved to call his Clergy together; He next goes on to specify, in particular, whom he required the Archbishop to summon to the Convocation: That he should Order first the Bishops of his Province, with the Deans, and Archdeacon's, to come in 
* Before the dissolution of our Monasteries, the Abbots and Priors were to meet 〈◊〉 Person likewise: See the old Summon●. Append.  Person; and, secondly, the Chapters, and Archdeaconries', to send their several Proxies, to represent them; the Chapters, one of their body; and every Archdeaconry two, to be chosen by them for that purpose.  
I shall not need to inquire, how this came to be the settled number that was to make up our Provincial Synods, or Convocations. Whether this manner of Choice was derived from the ancient manner of holding Convocations, into the Parliamentary Writs; or from the Parliamentary Writs of King Edward I. into the summons of Convocations, which from thenceforth usually met together with the Parliament. Howsoever this were, thus much is evident; that since the Power of Assembling the Clergy in such Convocations is seated Originally in the King; so that they have no Authority to come together. but what he gives them. It must follow, that neither can any other Persons have a just Right to come to these Assemblies. than such only as are commissioned by him; or are chosen by such Rules as he has prescrib'd, for the choice of those whom he allows to be sent to them.  
It remains then, that not only the caling 
§ 6.  of our Convocations, but the determination of the Time, and Place of their sitting; of the Persons who are themselves to come to them, and of the manner of choosing Representatives for those who are not; all depend upon the Authority of the Prince, and were originally derived from thence. And so, lastly, does their very sitting too. For however Custom, (which in time becomes a kind of Law) has in this, as well as in some of the foregoing Circumstances, so far prevailed, that when soever a Parliament is held, a Convocation is called together with it; yet is this rather a matter of Form, than any effectual Summons: And the King still keeps his Ancient Power, to all intents and purposes, in his own hands; and suffers them not either to sit, or act, but when, and as often, as he thinks fit so to do.  
Nor is this to be looked upon as any Encroachment upon the Liberties of the Clergy, but as the Assertion of a Power, which always did; and, of right, aught to belong to the Prince. For though it has now, for some Ages, been the Custom to Convene the Clergy, as often as the Parliament meets; yet, as it is manifest that when this Custom first began, they met not so much as an Ecclesiastical Synod, as a part of the Parliament of the Realm: So all the Use that was generally made of Them, was to concur with the Other Estates in granting of Money to the King; which having done, they were commonly dismissed, without entering upon any other Business.  
The Convocation then, tho' it consisted of Ecclesiastical Persons, was yet assembled for a Civil End, and seems rather to have been a State Convention, than a Church Synod. And however the King usually added a Conciliary Summons, to his Parliamentary Writ, and thereby not only assembled the Proctors of the Clergy, under another Character; but with them many Others of the Regular Clergy, who had no place in the Parliament Writ: yet still the Design was, in Both, the same; viz. That they might thereby more effectually confirm what had, in Parliament, been granted to the King; and the Monks and Friars, become engaged, by their own Consent, not to oppose the levying of it.  
Now this being the true Ground of the Convocation's being called together with the Parliament; Custom, and, if you will, the Constitution of our Government founded thereupon; does indeed give them a Right to be summoned, when the Parliament is; and accordingly they are still summoned together with it: But as they have no Custom to warrant them to deliberate, or enter upon Business, unless the King pleases to allow them so to do; so neither have they any Right in that Particular; but the King is still as much at Liberty, in that respect, as if there had never been any such Custom established for the Calling of them.  
In short; were it still the Method, as formerly it was, for the Clergy to Assess themselves; but much more, were the Case so now, as anciently it seems to have been, that they were a part of the Great Council of the Nation, and whose Consent was requisite to the passing of Parliamentary Acts; it would then be very evident wherefore they were Called, and what they had to do. But this being altered, and yet the Ancient Summons still continued; it makes some Men think it an odd Thing, that the Convocation should be Called to no purpose: Not considering, that but for those Ends, which are now ceased, they never had been wont either to be summoned to Parliament, or at the same time with it; and that those being determined, they have a Right to nothing but a Summons, and it were no great Matter, whether they had a Right to that, or no.  
And this may suffice to show what Authority our King has, by the particular Laws of our Own Constitution, to assemble the Convocation: and that without his Writ, they neither now can, nor ever could, regularly, come together, by any other Way.  
I proceed (2dly) To inquire, What Power he has to direct their Debates, when they are Assembled?  
And here we are again told by the same Person, whose Authority I before alleged; that the second Point agreed upon by the Chief Justices, and Judges, at the Committee of the Lords, was; That the Convocation, after their Assembly, cannot confer, to constitute any Canons, without Licence de l'Roy. Nor is this any more than what the Statute of the 25 Hen. 8. has directly established: When having recited the Promise which the Clergy had, in their Petition, made to the King; That they would never, from thenceforth, presume to Attempt, Allege, Claim, or Put in Ure; Enact, Promulge, or Execute, any new Canon, Constitution, Ordinance Provincial, or Other; or by whatsoever Name they shall be called, in Convocation; unless the King's most Royal Assent, and Licence, may by them be had, to MAKE, PROMULGE, and EXECUTE the same, and that his Majesty do give his most Royal Assent and Authority in that behalf: They thereupon Enact, That ne They, nor any of Them, frow henceforth, shall presume, to Attempt, Allege, Claim, or put in ure, any Constitutions, or Orders Provincial, or Synodal; or any Other Canons: Nor shall Enact, Promulge, or Execute, any such Canons, Constitutions, or Ordinances Provincial, by whatsoever Name, or Names, they may be called, in their Convocation in Time coming;— Unless the same Clergy may have the King's most Royal Assent, and Licence, to MAKE, PROMULGE, and EXECUTE, such Conon's, Constitutions, and Ordinances, Provincial, or Synodal.  
I have transcribed this Paragraph of that Act at large, to the End it may the more evidently appear, that the Intention of it was, as well to Restrain the Clergy from MAKING, as from PROMULGING, and EXECUTING any Canons; without the Assent, and Licence of the King, first had, for their so doing. And which is indeed so plain, that had not the constant Practice of all following Convocations, and the Opinions of the most Learned in Our Laws, so expounded the Sense of it, yet we could not have been easily mistaken in it. For besides that it was apparently the Design of this Act, to Restr●ain the Clergy from doing somewhat which they had been wont to do in their Convocation: the Statute itself interprets its own Expressions; and tells us that by presuming to Attempt, etc. was meant as well presuming to MAKE, as to Promulge, and Execute, any Canons, or Constitutions; without the Assent, and Licence of the King, first had by Them, so to do.  
Whether the Convocation may not, without the King's Writ, deliberate of such 
§ 8.  things, as may be fit to be done by Them, for the Service of the Church, I shall not undertake to say. Certain it is, that they may not so deliberate, as to come to any Authoritative Resolution upon any particular Point; or to frame any Order, or Constitution, of what kind soever it be, without the King's Leave; which is in Effect to say, that they may not debate, Synodically, at all, without it. To deliberate of what might usefully be considered by Them, and to Petition the King thereupon, for Leave so to do; This, as it is no Attempting to make a Canon, etc. so does it not, I conceive, come within the Design of that Prohibition, which this Act has laid upon them. And if the King allows the Convocation to sit, I do not see wherein they would transgress, in framing such an Address; supposing that his Commission had not before prevented all Occasion for such an Application. But then still this is but ask Leave to act as a Synod; And it will, after all, remain in the King's Breast what Answer to make to such a Request; and whether he will grant them that Leave which They desire, or no?  
As therefore the Convocation cannot Meet but by the King's Writ; so neither, being Met, can they proceed to any Canonical Debates, or Resolutions, without it. For by virtue of this Act, they are forbid, not only to Make, but to Attempt; that is, as I understand it, to do any thing that tends towards the making of any Canons, without his Warrant for their Doing of it. And therefore, when the King sends out his Writs for the Convocation to meet; he therein reserves to himself the Privilege of Naming the Subject, which they are to deliberate, and resolve upon. For having mentioned, by way of Form, in the beginning of the Writ; That for certain urgent Affairs, of great Concern both to the Church and Kingdom, He had commanded the Archbishop to summon the Clergy to come together, to such a certain Place, and at such a certain Time: He thus declares what they were to do, when they met; Ad Tractand. etc. Namely, That they were To Treat, Consent, and Conclude upon the Premises; and such other Matters, as should more clearly be declared to them, when they came together, in the King's behalf.  
The Affairs then which the Convocation is, in general, to debate about, and consent to, are the Urgent Affairs which concern the King, the Church, and the Realm. And these therefore are the constant Introduction of every Convocation Writ. But what those Affairs are, with Reference to Any, or All of These, which every particular Convocation is called to consider; That the King reserves to himself to declare to Them; and they are, when met, to expect his special Direction, and not to ramble, after their own Fancies, on any Matter, within this general Compass, without his Warrant.  
It has indeed been questioned by a Late Author, Whether this Clause was 
§ 9 Letter to a Convoc. Man. p. 43.  anciently inserted into these Writs; and he would fain have it thought, that herein also the Clergy have, of late, been encroached upon. But the Forms of Public Instruments are not so easily altered: If they were, we might rather have expected, that some other Expressions, which relate to those Privileges which the Clergy formerly enjoyed, but which have now, for a long time, been utterly laid aside; should have been omitted, or changed; than this, which is perfectly agreeable both to the Laws of the Realm, and to his Majesty's Royal Prerogative, in these Matters. But, indeed, this Clause, if not as ancient as the Writ itself, is yet of very great Antiquity: And we have at this day Writs as far back as 
Vid. Conu. Wries, 28 Hen. VI and 23 Fd. IU.  King Henry the Sixth's Time, in which this Clause is found in the very same Words that it is continued in at this day.  
But were there any doubt to be made 
§ 10.  concerning the Authority of this Clause; yet that Method that has always been taken by the King to set the Convocation on Work, would be more than enough to show how entirely their Deliberations depend upon his Direction. When the last Convocation, under his present Majesty, was met; the King, by his Principal Secretary of State, sent his Commission to Them: In which having taken notice of the Statute of Henry the Eighth before mentioned, and the Obligation which was, thereby, laid upon Them, not to proceed to any Business, without his Licence first had, so to do; he does therefore, in order to their proceeding with Safety to Themselves, and pursuant to the true Purpose, and Intent of that Law; particularly declare upon what Points he allowed Them to Consult, and under what Conditions he gave them Authority so to do. That they should consider of any Alterations which they thought proper to be made, in the Form, Rites, or Ceremonies, of our Divine Service: That they should Review the Book of Canons: Should consider, What Defects, or Abuses, might be found in the Ecclesiastical Courts: How the Manners, both of the Ministers and People, might more effectually be Reformed; And such Provision be made, that None should hereafter be Admitted into Holy Orders, but such as were duly qualified both in their Lives, and Learning, to be received into the same.  
These are the Heads, on which the Clergy of that Convocation were directed to debate: And even upon these they were to deliberate, under these following Restrictions. 1st. That the Precedent, and Greater Number of the Bishops, were to be always present. And 2dly. That even upon these General Heads, they should consider only such particular Points, Matters, Causes, or Things, as his Majesty should propose, or cause to be proposed, by the Precedent of the Convocation to Them.  
Such was the Commission by which the last Convocation was set on work: And to prepare the particular Matters which the King reserved to himself to propose to Them; and upon which alone They were allowed to debate; His Majesty, some time before the Convocation was to meet, appointed a Select Committee of the Bishops and Clergy, to consult about the same Matters; and to draw up such Resolutions, as they should think most fitting for him to lay before the Convocation, when it should be Assembled.  
Nor was this any New Invention; any Unusual Restraint laid upon the Clergy, in these days of Doubt and Distrust: but the constant Method which had before been pursued, ever since the 25 Hen. 8.  
It cannot be denied but that whatever 
§ 11.  his present Majesty may, in some men's Opinions, be said to be; yet, without all Question, King Charles the First was a true Friend to the Episcopal Clergy. Nor can it any more be doubted, whether Archbishop Laud had not both Care enough to Examine into the Rights of the Convocation; and Interest enough with that Prince to assert the Privileges of it. Let us therefore, to avoid all Exceptions in this Case, inquire how things passed in that Famous Convocation of 1640; wherein much was done, and great Offence given to those who Resolved not to be pleased with any thing that either that King, or that Archbishop did; but nothing that can justly be found fault with by such, as we are now especially concerned, if it may be, to convince.  
Now that Convocation being met, by virtue of the same Writ that is still made use of in these Cases; the King sent his Special Commission to them, to empower them to Act; bearing date April 15. 1640.  
In this Commission, he first at large Recites 
See it in the App●n.  the Statute of the 25 Hen. 8. as from the time that it was made, it had always been the Custom, in the like Commissions, to do: to show the need they had of his Royal Licence, and Assent, to enable them to go on with safety in their Debates, and Resolutions.  
Having done this, He (in the next place) prefaces the Permission he was about to grant to them with these very Words, which ought not to be omitted: Know ye therefore, that We, for divers urgent and weighty Causes and Considerations Us thereunto moving, of our Especial Grace, certain Knowledge, and Mere Motion, have by virtue of our Prerogative Royal, and Supreme Authority in Causes Ecclesiastical, given and granted, and by these Presents do give and grant, full, free, and lawful Liberty, Licence, Power, and Authority, to the most Reverend Father in God, etc.  
I shall not need to make any Remarks upon this Preamble, which fully answers all the Pretences of those, who fancy not only the Sitting, but the Acting too, of the Convocation, to be a matter of Right, naturally belinging to Them; And that either no Commission at all is needful to Authorise them so to do; or, that if there be, the King is, of Course, obliged to Grant it to them.  
For, first, That without the King's Commission they cannot proceed to any Business of Themselves, (without Violating an Act of Parliament, and encroaching upon the King's Prerogative. Royol, and Supreme Authority in Cases Ecclesiastical,) is here directly asserted. And that such a Commission, the King may lawfully Grant, or refuse, as he thinks convenient, not only the constant Custom of our Princes, in adjourning their Convocations, (excepting only at such times as they had something for them to do,) assures us; but the very words of the present Commission, directly imply. For how came the King to grant this Allowance to them? Was it because they had a Right to demand it; Or, that He had no Right to refuse it? Was it because it had always been Customary for them to Sat, when the Parliament met; and to have such a Commission sent to them, as often as they sat? Nothing of all this: But for divers Urgent and Weighty Causes, and Considerations, Him thereunto especially moving: Out of his especial Grace, and mere Motion: That he granted it by virtue of his Royal Prerogative; and of that Supreme Authority in Causes Ecclesiastical, which gave him the same Power over his Clergy, that all other Christian Princes were wont to exercise over Theirs: And which how Great it was, as to these matters, I have before particularly shown.  
But to go on with this Commission: The King having thus asserted his Authority; now by virtue thereof gives leave to that Convocation (Always provided that the Precedent, and greater number of the Bishops were present;) during the Session of the Parliament then Assembled; to Propose, Confer, Treat, Debate, Consider, Consult, or Agree, upon the Exposition, or Alteration of any Canon, or Canons, then in force; and of, and upon any such other New Canons, Orders, Ordinances, and Constitutions, as they should think necessary, fit, and convenient, for the Honour and Service of Almighty God; the Good and Quiet of the Church, and the better Government thereof; to be from time to time observed, fulfilled, and kept, etc.— And further to Confer, Debate, Treat, Consider, Consult, and Agree, of and upon such other Points, Matters, Causes and Things, as himself from time to time should deliver or cause to be delivered unto the said Lord Bishop of Canterbury, Precedent of the said Convocation, under his Sign Manual, or Privy Signet, to be Debated, Considered, Consulted, and Concluded upon.  
This was the Business for which that Convocation sat, and which they were, accordingly, licenced to enter upon. But the Restrictions under which they were allowed to Act, are yet more narrow than Those which his present Majesty laid upon our late Convocation. For all this They were required to do, not only under the same Conditions that I have beforeshewn were laid upon the Other; but with these further Limitations: namely, That the said Canons, Orders, Ordinances, Constitutions, Matters and Things, or Any of Them, so to be Considered, Consulted and Agreed upon, as aforesaid, should not be contrary, or repugnant to the Liturgy Established; or to the Rubrics in it; or to the 39 Articles; or to any Doctrine, Orders and Ceremonies of the Church of England, already Established.  
Thus did this Prince give such Orders for the Proceedings of this Convocation, as he thought expedient to be observed by Them. And when, for the more effectual suppressing, and preventing of the Growth of Popery, He resolved an Oath should be framed for the Clergy to take, of their firm adherence to the Doctrine and Discipline of the Church of England; And that a Canon should be drawn, to enforce the taking of it: He sent a new Order to them, May 17, to empower them to enter on that Debate; and to require them to Prepare, and present such an Oath and Canon, to Him.  
But other Princes have gone yet farther than this: They have not only prescribed 
§. 12.  to their Convocations what they should go about, but have actually drawn up beforehand, what they thought convenient to have Established; and have required them to Approve of it. In the Convocation which met May 18, 1 Jac. 1: The King sent his Letters with the Articles of 1562, to Them, to be Approved, and Allowed of by Them. And to another Convocation, about four Years after, the same Prince signified to both Houses his Pleasure, for Singing and Organ Service to be settled in Cathedral Churches, without ever submitting it to their Judgement, whether they approved of it, or no.  
I shall conclude these Remarks, with the Opinion which the Lower House of Convocation had, of the Necessity of the King's Authority, to Empower Them to enter with Security on their Debates about Matters of Religion, in the first Year of King Edward the Sixth: At the first Meeting of which, we find this Order, among some others, made by them; That Certain be appointed to know, whether the Archbishop has obtained Indemnity, for the House to entreat of Matters of Religion, in Cases forbidden by the Statutes of this Realm to treat in.  
But there is another Particular, in 
§ 13.  which I have before shown, that Christian Princes had, upon Occasion, exercised an Eminent Authority over their Synods; Whilst, for the better Observance of the Orders which they gave to Them. They asserted a Right either in Person, or by their Commissioner, to sit with, and to preside over Them.  
That our Kings heretofore, did meet, and sit together with their Clergy, is not to be denied. And our Great Oracle of the Law has told us, That they did oftentimes appoint Commissioners, by Writ, to 
4 Inst. p. 323.  sit with them at the Convocation, and to have Conusance of such Things as they meant to Establish, that nothing might be done in prejudice of their Authority.  
'Tis true, since the Restriction laid upon 
25 Hen. 8. cap. 19  the Clergy by the Statute of K. Henry 8; the King is now become so secure of them, that He has no great need to send any such Commissioner to them, to regulate their Proceedings. For being neither at liberty to enter upon any Synodical Act, but what he gives them leave to go upon; Nor, when they have concluded upon any Point, being allowed to Promulge or put it in Execution; unless it shall be approved of, and confirmed by Him: He has nothing left to apprehend from them; but is, by his Commission, as effectually Precedent over their Debates, as if he were present in Person, among them.  
And yet tho' this Act has, therefore rendered the Exercise of such an Authority less necessary than it was before; it has not deprived the King of it. For even after the passing of this Statute, K. Henry 8, by his Vicar General, not only presided, together with the Archbishop, over the Convocation; but Deliberated, Voted, and, to all intents and purposes, Acted, together with his Clergy, in it.  
This is manifest from the Acts of the Convocation of the year 1536; and of which it may not be amiss to give a short account, upon this Occasion.  
Upon the 9th day of June 1536. Mr. William Peter came into the Convocation and alleged, That for as much as this Synod was called by the Authority of the most illustrious Prince, K. Henry 8; and that the said Prince ought to have the first Place in the said Convocation; and in his Absence, the Honourable Master Thomas Cromwell, his Vicegerent, being Vicar General in Ecclesiastical Causes, aught to possess his Place: Therefore he desired, that the said Place might be assigned to Him. And at the same time presented his said Master's Letters, Sealed with the Seal of his Office, as Vicar General: Which being read, the most Reverend the Archbishop, assigned him a Place besides himself.  
On the 11th of July, in the same Convocation, the Bp of Hereford produced a certain Book, containing the Articles of Faith, and Ceremonies of the Church. Which being read by the said Bishop, the said Honourable Thomas Cromwell, the Archbishop, and other Prelates, with the Prolocutor, and Clergy of the Lower House, by their Subscriptions Approved of the said Book.  
On the 15th of July, It was agreed by the Lord Cromwell, the Archbishop, and Convocation, as to certain Ordinances, etc.  
And lastly, On the 20th of July, the Bishop of Hereford produced a certain Book, containing the Causes why the King ought not to appear at the General Council, then to be held. Which Book the aforesaid Honourable Lord Thomas Cromwell, the Archbishop, and the Rest of the Convocation, by their Subscriptions approved of.  
Thus did the King's Commissioner not only sit, but act with the Bishops in their Convocation. And I am not aware of any Law that has debarred the King, if need were, to do that again now, which King Henry 8. heretofore did.  
And this may suffice to show, what Authority the King has over Our Convocation, both by the Statute, and Common Law; by his own Prerogative, as a Christian Prince, and by the Particular Concessions of our own Parliaments, and Convocations.  
But we are told, that the Convocation must be considered by Us, not only as an 
§ 14.  Ecclesiastical Synod, but as an Ecclesiastical Court too; and which, as such, has Jurisdiction 
4 Instit. p. 322.  to deal with Heresies, Schisms, and other mere Spiritual and Ecclesiastical Causes, juxta legem divinam, & Canon's S. Ecclesiae. And herein their Power is not at all Restrained by any particular 
Let. p. 59  Statute, but still remains whole, and entire to Them. In this respect therefore the Convocation may, at least, act, without the King's Licence, and, as of Right; against any Bishop, Priest, or Deacon, for such Offences.  
This is the Doctrine of our Late Author; but is not so clear to me, as he would make it. That Provincial Synods, heretofore, did look upon Themselves as endued with a sufficient Authority to proceed against any of their Own Body, who, by any of the Crimes before mentioned, had deserved their Censure, is not to be denied. The Provincial Councils of old did so; but especially in the Case of Heresy, wherein the Church has ever Accounted itself to be particularly Concerned. But than it must be remembered too, that when they had so proceeded against Any One, the Prince still judged whether they had acted Canonically, or no: And if he found a just Reason to move Him so to do, he did, oftentimes, suspend their Sentence, and order a new Enquiry, in some other Synod, to be made of such a Matter; and after all, determined it, at last, as He saw Cause. Thus Theodosius did in the Case of Nest orius, 
〈◊〉 〈◊〉 two § 〈◊〉. 〈◊〉.  after he had been Condemned in two several Provincial Councils: And thus Constantius before him, had done, in the 
Epiphan. Haer. lxxi. n 1.  Case of Photinus, a worse Heretic. He received his Appeal from the Council of Sirmium; and ordered a new Examination to be made of his Case: and then confirmed the Sentence of the Synod, and concurred in the Deposition of him. And when Flavian Patriarch of Constantinople, had in like manner condemned Eutyches for his Heresy, the Emperor not only referred the Matter to the Council of Ephesus, to be re-heard by it; but when, by the indirect Management of Dioscorus, that Synod, instead of Confirming his Sentence against Eutyches, condemned Flavian himself, tho' Orthodox and Innocent; Theodosius not only refused to suspend the Sentences of Both, till another Free Council might be called to judge of the Matter; but left the Sentence of this last Council to remain in force, and would not suffer any other Synod to be called, about this Affair, as long as He lived.  
As for our own Convocation, it is not denied but that anciently They were 
§ 15.  wont to judge of Heresy in it. The first Instance that occurs of this, and that (the case of Pelagianism excepted) as ancient as the first coming of Heresy into our Country; is that of the Council of Oxford, 
Neubrigens. L●b. 2. cap. 13.  held about 1260; and the Occasion of which was this. It had happened some time before, that about 30 Persons came over hither out of Germany, and held secret Meetings; differing from the common Opinion of the Church in several Particulars, but chiefly as to the points of Baptism, and the Holy Eucharist. To prevent the spreading of their Errors, the King commanded that Council to meet at Oxford, and there to judge of them. Being convened before this Synod, and convicted of their Errors; and, refusing to abjure them, they were pronounced Heretics by it, and delivered back to the King, to be punished by the Civil Power.  
It is in a Provincial Council held by Steph. Langton, that we meet with the next Instance we have, of the like Proceedings. In this we are told of two Impostors, 
Mat. West. ad An. 1222.  upon one of whom were found the five Wounds of the Crucifixion, convicted and condemned by the Judgements of the Church. But Bracton adds to these 
Bract. l. 3. de Coron. c. 9 n. 2. Conf. Wals. Hyp. Neustr. ad An. 1222. p. 464.  another, and a more notable Instance. He tells us of a certain Deacon, who, out of Love to a Jewish Woman, apostatised from the Faith of Christ; and was thereupon sentenced and degraded by the Synod, and delivered over to the Secular Power, to be Burnt for it.  
And the same was the manner by which Sautre was condemned; as appears not only 
Fitzherb. Nat Brev. p. 269.  by the Writ, still extant, for his Execution; but from the Rolls of the Parliament 2 Hen. 4. in which the order was given for issuing out the Writ, to the Sheriffs, of London for it, Feb. 26. He was first examined and condemned by the Clergy in Convocation, and by them delivered up to the Civil Magistrate to be burned. And tho' the Lord Cobham was not finally sentenced in Convocation, but by the Archshop 
Wals. Hyp. Neustr. ad An. 1413.  of Canterbury, assisted by the Bishops of London, and Winchester, after it was risen; yet was this Cause first brought on there, and he was therein both Adjudged an Heretic, and Excommunicated, as such.  
The Truth is, so great is the Scandal, and so severe, in those days, was the Punishment too of Heresy; that it has moved some very Learned Men to think, that before the 2 Hen. 4. no one could be otherwise convicted of it, than in a Provincial Synod, or Convocation. And tho' my Lord 
3. Instit. chap. 5.  Coke maintains this to be a Mistake, and affirms that the Bishop always had, as He still has, Power to convict of Heresy, and to proceed, by the Censures of the Church, against such as are guilty of it; yet this is no Argument why the Convocation should not still retain its ancient Authority, and have the Power of doing that, which any single Bishop alone may do.  
But here then a question may arise 
§. 16.  that will deserve to be considered on this occasion; and that is, When any one is to be convicted of Heresy, or of any other the like Ecclesiastical Crime, in Convocation; who it is that judges him? Whether he is to be judged by the Votes of the two Houses? or, whehe is to be judged by the upper House alone, and the lower to stand in the nature of Prosecutors against him? Or lastly, Whether the Archbishop alone does properly judge; and the rest concur, as Assistants, to him, and assent to what he does?  
In answer to which Enquiry, if I may be allowed to offer my own Conjecture; I do conceive, that in such cases as these, it is not so much the Convocation that judges, as the Archbishop in Convocation. For besides that, it was never known that the inferior Clergy were allowed a Jurisdiction in such cases; nor is there any reason why they should have it here: First, The very words of the Writ upon which Sautrey was burnt, seem to speak in such a manner of his Conviction in Convocation, as show the power of Judicature to have been eminently in the Archbishop, and that the rest were only of Council to him, and consented to what he did. Cum venerabilis Pater Thomas Archiepiscopus Cant. totius Angliae Primas, & Apostolicae sedis legatus, de Consensu & Assensu, ac Consilio Episcoporum, & confratrum Suffraganeorum suorum, necnon totius Cleri provinciae suae, in Concilio suo Provinciali congregati— per suam sententiam definitivam Haereticum manifestum pronunciavit & declaravit, & c. Nor can this be sufficiently accounted for by looking upon the Archbishop as Precedent of the Convocation, and so acting as Speaker in it. When the Lord Keeper in the House of Lords, or the Lord High Steward in the Commission for Trial of a Peer, determine, or give Sentence, in any civil or criminal Cause; we do not find it said, That they, with the Counsel and Assent of the Lords, pronounce, or award, so or so; but they deliver the Sentence of the Lords, and declare that this or that is their Judgement. And the same aught to have been the case here, supposing that the Convocation, or even the upper House, had equally judged with the Archbishop. The Writ must have run in the Name of the whole Body; Whereas the Archbishop and Bishops, with the rest of the Clergy of the Province of Canterbury, in Convocation assembled, have by their definitive Sentence pronounced, etc. Nor can any good reason, I believe, be given, why the Writ did not run in this manner, but because the Archbishop, even in Convocation, still retained the power of Judicature, which I shall presently show was peculiar to him; and by virtue thereof, judged of him.  
And this will yet more clearly appear, Secondly, From the acts of the Convocation under K. Henry the Fifth, Anno 1413: and the Process made against the Lord Cobham therein.  
For first, Upon several Provocations 
See Wals. Hypod. Neustr. pag. 574.  given, and Affronts put upon the Clergy by the Lollards, and that at the very time that the Convocation was sitting; The Archbishop was required, in behalf of the whole Clergy, that he would vouchsafe to proceed against the Lord Cobham, upon, and concerning the Premises.  
In pursuance of this request, the Archbishop, with a great part of the Convocation, apply to the King, for leave to proceed against him; both because he was a Person in great credit with his Majesty; and to be considered upon the account of his Own Honour and Quality.  
Having obtained leave of the King to proceed against him; it is said all along, that my Lord of Canterbury summoned him to appear before him in Convocation. That when the Summons could no otherwise be executed upon him, he ordered it to be fixed upon the doors of the Church of Rochester. That upon the eleventh of September, (the day appointed for his appearance,) the Archbishop excommunicated him; and after a farther process, at last came to a final Sentence against him.  
'Tis true, tho' this process began in Convocation, yet it was carried on, and ended out of it: But withal, it is plain, that tho' the Convocation was risen, yet still the Archbishop continued the same process, that began in it. He sat in the Chapter House of St. Paul's; he took the Bishops of London and Winchester first, and then to them added the Bishop of Bangor for his Assistants. Besides these, a great number of the inferior Clergy was present: And when at last, the Lord Cobham was brought before him; the Archbishop took notice to him, how he had been discovered, and accused in Convocation; i. e. had been accused to himself in Convocation, when they first desired him to proceed against him. To all which, let me add the Preamble to the Sentence, which the Archbishop at last passed upon him, and which shows, that both in and out of Convocation, the judgement of this matter lay before him: We, Thomas by Divine Permission, etc. in a certain Cause or Matter of Heretical Pravity, of and concerning divers Articles, upon which, Sir John Oldcastle Knight, Lord Cobham, was accused before Us in the last Convocation of the Clergy of our Province of Cant. & c. Nor let any one think, that in asserting such an Authority to the Archbishop in these matters, any injury is done to his Suffragan Bishops: but rather, were it otherwise, the Convocation must apparently have encroached upon that eminent power of judging, which the Archbishop heretofore had. For tho' since the Statute of the 23 of Henry the Eighth, the power 
23. II. 8. c. 9  of the Archbishop is very much restrained; and he cannot now call whatever causes he pleases to his own judgement; but only under the Limitations provided in that Act; and therefore since that time, the right of judging in this case would, in the first instance, have belonged to the Bishop of Rochester; and to the Archbishop, no otherwise, than either by way of Appeal, or upon some negligence, or defect in the Diocesan to judge of it: yet before that Statute, the Archbishop had a power to call any cause immediately before himself; and when therefore, in his Syned, he did do so, we ought not to question but that it was he, who, properly speaking, did judge; and that the rest of the Bishops were only his Assistants in it.  
I conclude then, that tho' the person, in such a case were tried in Convocation; yet, precisely speaking, it was the part of the lower House to discover and accuse; of the Bishops to counsel and assist; but of the Archbishop to hear and judge.  
But still the main question remains 
§. 17.  to be considered, namely, Whether the Convocation, (howsoever it be that it judges) may proceed in these cases without the King's leave; or whether his Commission be necessary to justify them in it?  
That they are not restrained by virtue 
Letter. p. 59  of that Statute, which has so much retrenched their power in other respects, is confidently affirmed: Nor shall I deny, but that the intention of that Act seems rather to restrain them from making any New Canons or Constitutions; than from judging, in causes Ecclesiastical, according to the Canons already made.  
That they had heretofore a power to judge in such Cases, my Lord Coke delivers as certain in point of Law; and from thence calls it the Court of Convocation. Nor can I see what injury it would be to the Crown, to allow the same power to the Convocation still, that by Law may be exercised in any other Ecclesiastical Court; and which must needs be inseriour in dignity to this.  
But still the question is, Whether, of Right, the Convocation ever had a power to judge, any more than to make Canons, without the King's Assent? And by consequence, whether though the Statute of Henry the Eighth should not have deprived them of that power, yet the King's Prerogative be not against it? 
See Ch. II. Sect. 23. 36.  For should this be so, than whatever Laws have restored the King to his supreme Authority in Ecclesiastical Matters, will lie against this presumed Right of the Convocation too: and so, though that Law should not, yet some others may have limited their power in this respect also.  
And here I shall not presume to determine 
See loc. supr. cit.  any thing; but only offer these following Observations:  
First, That in several of the Convocations, in which the persons beforementioned were judged; the Process was made either by the express Command, or Leave of the King: And in all of them for aught we know, it may have been so. And,  
Secondly, That in the Commissions, by which our Convocations are now enabled to act; the King gives them leave to confer, debate, treat, consider, consult and agree, of Matters and Causes, as well as of Canons, Orders and Constitutions: and which seems to imply, that they need the King's Licence, as much to judge of the one, as to deliberate about the other.  
But be this as it will; thus much 
§. 18.  I take to be out of all doubt, that as by our Ancient Customs, recognized by the Lords Spiritual, as well as Temporal, in the Great Council at Clarendon, Anno 1164; It was among other things resolved, that none of the Servants of the King, or of such as held of him in capite, might be Excommunicated without his leave: And again, that in Case of Appeals, any person, who thought himself injured, might appeal, from the Arch Deacon to the Bishop; from the Bishop to the Archbishop; and from him to the King; by whose order the affair was finally to be determined in the Court of Arches, and not be suffered to proceed any farther without leave of the King: so, in Conformity both to these Principles, and to that power which I have 
Ch. II. Sect. 36  before shown, has ever been claimed and exercised by Christian Princes in this respect, I do presume, that the King 
See the Prohibition of Edw. I. 〈◊〉 this purpose, Spelm. Concil. Tom. II. p. 427.  may not only lay a Prohibition upon the Convocation, not to proceed in judgement against any person whom he shall think fit to take into his special Protection; but after they have judged any one, may receive an Appeal from them; and order an Enquiry to be made, whether they proceeded Fairly and Canonically with him; and either confirm, suspend, or annul their Sentence, as he shall find it reasonable for him to do.  
This I am sure the ancient Emperors did; and the Bishops and Councils not only submitted to it, but allowed of it. And if this our Kings may not do; I shall be glad to be informed by what particular Law or Custom, this Power has been taken from them.  
And this brings me to the last point 
§. 19  now to be considered:  
(3dly.) What Authority our Kings have over their Convocations; after they have done what they were called for?  
That the Convocation cannot meet without the King's Writ, I have before shown from the express Authority of an Act of Parliament: And that the same Authority is required to the Dismission, as to the Calling of it, has been the declared opinion of our greatest Lawyers in this Case.  
When a Question was raised by some 
Hist. of A. B La●d, pag. 80.  few in the lower House of Convocation, Anno 1640. Whether they might lawfully continue to sit, after the Parliament was Dissolved: The Archbishop besought His Majesty that, for their better Assurance, his learned Council, and some Other Persons of Honour, well acquainted with the Laws of the Realm, might deliver their Judgement upon it. This His Majesty Graciously Approved, and the Question was accordingly put to Them. They answered, as followeth, under their Hands: The Convocation being called by the King's Writ, under the Great Seal, doth continue, until it be Dissolved by Writ, or Commission under the Great Seal.  
And accordingly we know, that not only, upon their Dissolution, but for Every Prorogation that is made of it, there is a Writ sent by the King to the Archbishop; and They cannot break up when they please; but must continue to Sat, as long as the King shall think fit to Require Them so to do.  
Such Authority has His Majesty over 
§. 20.  their Assemblies: nor has He any less over their Acts. It is, I think, agreed on all hands, that no Acts of Convocation are of any force, until they are Confirmed by the Royal Authority. And that is all I am now concerned to determine. How far, or, What persons, they will oblige, when Confirmed by the King, without the Concurrence of the Parliament, is another Question; in which I am not, at present, concerned to Engage.  
But tho' of this therefore, in General, there be no doubt; yet I cannot tell whether some Men may be willing to allow the King all that Authority, which, I have before showed, Other Princes have claimed, and which I see no Reason why our Own Kings should not Enjoy.  
It is expressly provided by the 25th. of Hen. 8th, That the Convocation shall not only not presume to make any Canons, without the King's permission; but that having made Them, They shall not presume to promulge or execute any such Canons, Constitutions, or Ordinances, Provincial, or Synodal, unless the same Clergy may have the King's most Royal Assent and Licence, to promuige and execute the same. And even then it is farther Provided by the same Act, That No Canons, Constitutions, or Ordinances, shall be made, or put in execution, within this Realm, by Authority of the Convocation of the Clergy, which shall be Contrariant, or Repugnant, to the King's Prerogative-Royal; or to the Customs, Laws, or Statutes of this Realm. And from whence, as they 
12 Report. Trin. 8. Jac. 1. pag. 72.  are naturally deduced, so were these (two) Points delivered by the Judges before the Committee of the Lords, as the Law, with reference to this Matter; 1. That when, upon Conference, the Convocation has concluded any Canons, yet they cannot execute any of their Canons, without the Royal Assent. And, 2. That they cannot execute Any, after Royal Assent, but with these Four Limitations.  

1st. That they be not against the Prerogative of the King.  
2dly. Nor against the Common-Law.  
3dly. Nor against any Statute-Law.  
4thly. Nor against any Custom of the Realm.   
And this the learned Reporter tells us was but an Affirmance of what was the Law, before the said Statutes; as appears by the 19 Ed. 3. Title, Quare non Ad 〈…〉 isit, 7. Where it is held, That if a Canon-Law be against the Law of the Land, the Bishop ought to Obey the Commandment of the King, according to the Law of the Land.  
Now these two Things being supposed, 
§. 21.  and in which the Law, at the present, cannot be doubted to be very clear; That no Acts of Convocation can be put in Execution, or be promulged, in Order to a Public Observance, without the King's Licence: And that the King's Licence cannot give the Convocation any Authority, to promulge or execute any Canons, but what are Agreeable to the Laws, and Customs, of the Realm; it must of Necessity follow;  
[1st.] That the King has not only a Right to Review the Acts of Every such Convocation; but aught moreover to submit Them to the Examination of his Learned Council in the Law; That so he may the more securely be able to judge, Whether they be Consistent, with the Laws of his Realm, and (by Consequence) capable of receiving any Enforcement from Him: Forasmuch as it would be, not only too Rash, and Unseemly, but even a Vain Thing, for the King to expose his Prerogative; by undertaking to give Authority to that, which, by being contrary to the Laws already Established, has such a natural defect in its Original Constitution, as will not suffer it to be Capable of Any.  
[2dly.] That notwithstanding the Resolution of the Clergy in their Convocation, yet still the King is to remain the last Judge, not only of the Lawfulness, but of the Expediency too, of their Constitutions: and has Authority either to Ratify, or Reject Them, as He, with the Advice of his Council, shall think Them either Useful, or Otherwise, to the Church.  
When His Majesty gave Liberty to our last Convocation, to consider of the several Points which, in his Commission, he proposed to Them; and permitted Them to draw into Forms, Rules, Orders, Ordinances, Constitutions, and Canons, such Matters as to Them should seem Necessary, and Expedient, for the Purposes which He had before proposed to Them; and the same being set down in Writing, from time to time to Exhibit and Deliver, or to Cause to be Exhibited, and Delivered, to Him: He thus goes on to declare what was to be done, after such their Resolutions should be delivered in by Them;— To the End that We, as Occasion shall Require, may thereupon have the Advice of our Parliament; and that such, and so many, of the said Canons, Orders, Ordinances and Constitutions, Matters, Causes and Things, as shall be thought Requisite and Convenient, by our said Parliament, may be presented to us in due Form, for Our Royal Assent, if upon Mature Consideration thereof We shall think sit to Enact the same. And from whence it appears to have been His Majesty's Intention, had that Convocation proceeded to any Resolutions, to have submitted the Examination of their Acts not only to his Parliament; but, that being done, to have Reserved the final Judgement of Them to his Own Consideration: And we cannot doubt but that it was upon the best Advice of his Learned Council in the Law, that He so Intended.  
But more full and express to this purpose 
§. 22.  is the Commission of King Charles the First to the Convocation of 1640, before mentioned. Wherein having granted the same Liberty, we here meet with, to his Clergy; To set down in Writing, and to Exhibit, or Cause to be Exhibited to Him, All and Every the said Canons, Orders, Ordinances, and Constitutions, Matters, Causes, and Things, to be by Them from time to time, Conferred, Treated, Debated, Considered, Consulted and Agreed upon: He adds; To the end that We, upon mature Consideration by Us to be taken thereupon, may Allow, Approve, Confirm, and Ratify; or Otherwise Disallow, Annihilate, and Make Void, such, and so many of the said Canons, Orders, Ordinances, and Constitutions, Matters, Causes, and Things, or Any of Them; so to be by force of These Presents Considered, Consulted, and Agreed upon, as We shall think Fit, Requisite, and Convenient.  
But this is not yet all; In the close of his Commission he again Reserves to Himself the same Power; in these Remarkable Words: Provided always, and our Express Will, Pleasure, and Commandment is, That the said Canons, Orders, Ordinances, and Constitutions, Matters, Causes, and Things, or Any of Them, so to be, by force of These Presents, Considered, Consulted, or Agreed upon, shall not be of Any Force, Effect, or Validity in the Law, but only such, and so many of Them, and after such time, as We by our Letters Patent under our Great Seal of England shall Allow, Approve, and Confirm the same.  
These are the Limitations under which that Convocation Acted; and from which these (three) Conclusions will Unavoidably follow.  
1st. That the King, by granting the Convocation licence to consider, and draw up any Canons, Orders, or Constitutions; or to determine any Matters or Causes; does not give them any final, decisive Power, of Concluding those affairs: but Empowers them only to deliver their Judgement to Him, which He may either Approve, or Reject, as He shall afterwards see Cause to do.  
2dly. That in determining concerning their Resolutions, He is not obliged either to Approve, and Confirm; or else to Reject, and Annihilate ALL that they have done; but may judge distinctly of Every particular Point, or Matter, debated by Them; and severally pass his judgement upon Them: May give Force and Authority, to some things, and at the same time make Void, and disallow of Others.  
And this, 3dly. Not only upon his Own private judgement, or upon the Advice of any select persons of his Clergy, (tho' it be a matter Ecclesiastical:) but with the advice of his Council, who, by his Command, are also empowered to judge of what the Convocation has done, and whose Opinion, if He approves of it, He may prefer to that of his Clergy.  
But we will go on with the History of this Convocation; and see how these several Conclusions may be yet farther cleared and confirmed by it.  
When, by Virtue of this Commission, the Convocation had drawn up such Canons, and agreed upon such Orders, as to them seemed most proper, to answer the Ends proposed by the King to Them; We are told by His Majesty, in His Declaration of June 30th. following, that, according to His direction, They had Offered, and Presented the same to Him, desiring Him to give His Royal Assent to what They had done.  
Now as hereby they plainly acknowledged His Majesty to have all that Authority, as to this matter, which, in His Commission, he had pretended to; so we find the King still proceeded, according to the same measures he had first laid down, to the Ratification of what they presented to Him. For thus the Declaration goes on: We, having diligently, with great Content and Comfort, Read and Considered, all the said Orders, Ordinances, and Constitutions, agreed upon, as is before expressed: And finding the same such, as We are persuaded will be very profitable, not only to Our Clergy, but to the whole Church of this Our Kingdom; and to All the true Members of it (if they be well Observed:) Have therefore for Us, our Heirs, and lawful Successors, of our special Grace, certain Knowledge, and mere Motion, given, and by these Presents do give Our Royal Assent, according to the Form of the said Statute, or Act of Parliament aforesaid; to All and Every of the said 
25 H. 8.  Canons, etc.  
But because in the Beginning of this 
§. 23.  Declaration, the King alleges the Example of His Royal Father for what He did, whose Pattern he proposed to follow in this Particular; I cannot but observe that He did stick so closely to it, as to use the very same Form; (almost the very same Words;) in confirming these Canons of 1640; that the Other had done, in Ratifying of those of 1603. And from whence we may the more undoubtedly conclude, That as the Consequences before drawn from the Tenor of these public Instruments, are, in point of Reason, plain and unavoidable; so is their Authority, in point of Law, Certain, and Indisputable: and that our Kings do not only in fact, Claim, and Exercise such a Power, as we have now seen, over their Convocations; but have also an apparent Right to the Exercise of it.  
Whether our Kings may not only 
§. 24.  Confirm, such, and so many, of the Canons, etc. of their Convocations, as they shall judge Expedient; and Refuse, and Reject the Rest; but may also, by their supreme Authority in Ecclesiastical Matters, Correct, and Amend those which they do allow of, I shall not undertake to say. But so we are told King Henry the Eighth did, and that in a Case of the strictest nature; in framing the very Articles of Religion, which were afterwards 
Hp. Burnet: Hist. Ref. p. 217.  published by his Authority, Anno 1536. Thus much I believe, may warrantably be asserted; That as the King has Power, without a Convocation, to make, and publish such Injunctions as he shall think the Necessities of the Church to Require, and to Command the Observance of Them; so may He, with the Advice and Consent of His Parliament, much more, not only make what Ecclesiastical Laws He shall think sitting, for the Discipline of the Church; but make such use of the Convocation, and the Resolutions agreed to in it, in Order thereunto, as He shall think fit: And (as I have shown the French King's heretofore to have done;) may not only confirm, or disallow; but may sometimes even alter, and correct, what is done by Them, according to His Own liking.  
And now that I have mentioned this Convocation of King Henry the Eighth; 
〈◊〉 15●6.  I will make a Reflection or two upon that King's dealing with that Assembly; and so conclude these Remarks.  
It would be needless for me to observe, after the account I have already given of the Act which was Passed but a few years before, by the same King, to that purpose; that this Convocation was called by his Writ. I will rather take notice, that the Articles of Religion set forth by them, were not only corrected by that Prince, after they had been framed by the Convocation; but were drawn up by Them, according to the Method, and Directions which He gave to them for that purpose. So his Declaration, to all his loving Subjects, in Confirmation of these Articles, informs Us. And for because we would the said 
See Fuller's Ch. Hist. pag. 214. An. 1536.  Articles, and Every of Them, should be taken, and understanden of you, after such Sort, Order, and Degree, as appertaineth accordingly; We have Caused, by the Assent, and Agreement of our Bishops, and Other learned Men, the said Articles to be divided into Two sorts; whereof the One part containeth such Things as be Commanded expressly by God, and be Necessary to Salvation; and the Other containeth such Things, as have been of a long continuance, for a decent Order, etc. — tho' they be not expressly commanded of God, nor necessary to our Salvation.  
But that which I would principally observe in this Declaration, is, Upon what Grounds, and with what Examination, the King gave his Assent to those Articles. I have before said, and, from the words now Quoted, it sufficiently appears; that the Articles here referred to did, at least in one great part of Them, relate to Doctrines of Faith; and that in the most necessary Points of it. And yet see what Liberty that King took, in judging, as well as correcting, of what they had done. He was speaking of the design he 
●●ller, ib.  had in calling of that Convocation; and from thence proceeds, in these Words, to declare his sense of what the Clergy had done in it. Where after long and mature Deliberation, had of and upon the Premises, finally They have Concluded, and Agreed upon, the most special Points and Articles; as well such as be Commanded of God, and are Necessary to our Salvation; as also divers Other matters touching the Honest Ceremonies, and Good, and Politic Orders, as is aforesaid.— Which their Determination, Debatement, and Agreement, forsomuch as WE THINK to have proceeded of a Good, Right, and true Judgement, and to be Agreeable to the Laws, and Ordinances of God; and much profitable for the establishment of that Charitable Concord, and Unity, in our Church of England, which we most desire; We have caused the same to be Published; Willing, Requiring, and Commanding you to Accept, Repute, and Take them accordingly.  
Such a Judgement did this Prince assume to himself, over those Acts of his Clergy, which the most properly fall under an Ecclesiastical Determination! And so little have our Princes thought Themselves obliged either to Receive Themselves, or to Impose upon Others, any of their Orders, or Decisions; but as they were finally persuaded that what they had done proceeded from a sound Judgement, and would be for the Benefit of their Church and Kingdom to be Observed.  
And now from what I have before asserted, 
§. 25.  and I hope sufficiently proved, to be the Rights of all Christian Princes in General; and to be not only not contradicted, but rather to be expressly declared by our Own Laws and Customs, to be the Prerogative of our Own Kings in this Particular; It will be no hard matter to give a Clear and Positive Answer to the first General Question proposed to be Resolved, in all the Parts of it.  
For, first: Whereas it is demanded, Whether there be any Law, that Commands, or Permits, the Sitting, and Acting of the Convocation, besides the Absolute, free Pleasure of the Prince? I Reply, That if by Sitting be meant their being Summoned at such times as the Parliament is Assembled, there is a Continued, Immemorial Custom, which does determine the Prince to Summon a Convocation at such Seasons, and leaves it not any longer to his free, and absolute Will, Whether he will Summon it, or no? When this Custom first began, or How long it has become the settled, and constant Method with us, to have a Convocation Called at the same time that the Parliament meets, it matters not to our present Purpose to Inquire. Sure we are, that this has been the Custom ever since the 25th. of Henry the Eighth: And that is enough to show that it ought not Easily to be neglected. And therefore, though I know no Positive Law that does determine the King's Absolute and free Will, as to this matter; yet I humbly conceive that so ancient, and settled a Custom ought to be held to; and our Princes accordingly still order the one to be summoned, as often as the other is called.  
But now, secondly, If by sitting be meant (as in the present question I suppose it is) their meeting to do Business; and being allowed to come together for that purpose: Then I reply, that for such their sitting, I know no Law besides the absolute and free power of the Prince. Custom, we are sure is as much against this, as it has been for the other; and any Statute or positive Law for it, has not, that I know of, been pretended to.  
Indeed whilst the Clergy were wont to assess themselves, and their sitting, upon that account, was necessary for the support of the Government; they were not only summoned to meet, but were wont actually to assemble, and sit, so long as it was requisite for them to do for this purpose. But that being done, they were for the most part forthwith Adjourned, and met no more, till the King had some new occasion for their assistance.  
And that I may not be thought to speak this at all adventures, I will offer an instance or two of it. The Convocation which met the first of King James the First: was by Prorogations continued from time to time, for seven years together. Yet, except it were in his first year, we do not hear of any great business that was done by them, more than that of granting Subsidies, which I have mentioned.  
In King Charles the First's time, there were but few Parliaments, and therefore we are not to look for Convocations in that. When his Son, King Charles' the Second returned; the famous Convocation of 1660 met, to remedy those disorders which the Civil Wars had occasioned. In order whereunto it was necessary for them at the first to sit, and settle the Affairs of the Church: but that being done, they were by the King's Writ prorogued eighteen several times successively; and it does not appear by the Journal of it, which I have seen, that any thing material was afterwards done by it.  
And as their sitting, so thirdly, I affirm that their acting too does depend upon the Will of the Prince. They cannot enter upon any business without his special Commission for it: And whether he will grant them such a Commission or no, depends entirely upon his own Will.  
But when I say, that the sitting and acting of the Convocation, does depend upon the absolute and free Will of the Prince; (and which terms I make use 
Letter. p. 1.  of, only because they are prescribed to me by one, whom at present I am obliged to follow.) I must observe, that by his absolute and free will, I understand a Will not determined by any humane Law, to act otherwise than according to the Dictates of a Man's own Reason, and upon the last Result of his own Judgement, he would do. For otherwise there are Laws, which in this, as in all other cases of the like Nature, determine the most absolute Sovereigns in the World: and we do not deny our King, as well as all other Princes, to be subject to them.  
The Law of Reason, is a Law by which every wise Man does, and every Man, as such, is obliged to act.  
The positive Law of God, and the common Principles of Right and 〈◊〉, are another Law, by which all Christians (of what Bank or Authority 〈◊〉) both out of duty to God, and with regard to their own Consciences, are required to attend.  
And lastly, The public Good and Welfare of the Community, is another Law, to which all Princes, even those who, in other respects, are the most absolute; are obliged to look: and with the observance of which they cannot dispense, tho' no human Constraint lies upon them, to force them thereunto, or to punish them if they do not.  
By all these Laws, Princes are obliged: And the Will of the Prince regulated by these Laws, but not under the direction of any more particular Obligations; is that Will on which I affirm the sitting and acting of the Convocation to depend. The Government has entrusted him with the Power of giving them leave to sit and act when he pleases, and when he pleases, he may deny them to do either. But still it was supposed, when that trust was committed to him, that he should use it with Prudence and Moderation; and as he should from time to time be persuaded, would be most for the public Good, both of the Church and State.  
And therefore, fourthly, Notwithstanding any thing that has hitherto been said, I shall not doubt to affirm; that whenever the King is in his own Conscience convinced, that for the Convocation to sit and act, would be for the Glory of God, the Benefit of the Church, or otherwise for the public Good and Welfare of his Realm; he is obliged both by the Law of Reason, as a Man; by his duty to God, as a Christian; and by his duty to his People, as a Ruler set over them for their Good; to permit, or rather to command his Clergy to meet in Convocation, and transact what is sit, for any or all these ends, to be done by them.  
As on the other hand, whensoever he is clearly and evidently convinced, that for them thus to come together, would be needless, or hurtful, to these ends; it is then his duty to restrain them from sitting; and that tho' he should be never so importunately desired by some, that they may sit; or railed at by others, for not allowing them so to do.  
These I take to be the plain Consequences of the foregoing Discourse: And by them, I suppose, a clear and full Resolution is given, to the first general Question, viz.  
Whether there be any Law that commands or permits, the sitting and acting of the Convocation, besides the absolute and free Pleasure of the Prince? And if there be, What that Law is? And how far the Prince is obliged by it?  
I might now proceed upon this foundation, without any more ado, to examine what has been offered by our late Author to the contrary, and so pass on to the other part of my Discourse. But because it may be a matter of some Satisfaction, as well as use, to those whose Inquiries have not lain this way, to know what has been the State of our Convocations, ever since we have any accounts, that we can rely upon, concerning them: I will therefore take leave to digress so far from my present business, as may suffice to show this, in a short History of our Convocations, from the first Conversion of the Saxons to Christianity, down to our present Times.   

CHAP. IU.  
In which the State of the Convocation is Historically deduced, from the first Conversion of the Saxons, to our Own Days.  
SO great is the Uncertainty to which 
§. 1.  all humane Constitutions are exposed, that tho' I have before sufficiently shown what the Nature of our Convocation at present is, and what Authority our Kings have over it; yet we can by no means from thence conclude, that this was always the case of it; or that the Act of the 25th of King Henry the VIII. did only restore our Kings to their ancient Rights over their Clergy; and not rather give them a greater Power than ever they before had; or than the Parliament ought to have put into their hands.  
To clear this matter, and withal to show how Ecclesiastical Affairs have heretofore been transacted in this Realm; I shall here take a short View of the State of our Convocation in times past, and of the method that was wont to be observed in making of Canonical Orders and Constitutions; from the Conversion of the Saxons, to the settlement of it in that Form under which it continues to this very day.  
And the Method I shall take for the better clearing of this matter, shall be this:  
I. I will consider, how the Affairs of the Church were managed, from the first Conversion of the Saxons, to the time of the Norman Conquest.  
II. From the coming in of K. William the Conqueror, to the 23d. of Edward the First: About which time both the Parliament, and the Convocation, seem to have been fully settled upon the same foot, on which they have both continued to stand ever since.  
III. From the 23d. of Edward the First, to the 25th. of Henry the Eighth: When the Parliament and Clergy, restored the Crown to those Rights, which the Usurpations of the Court of Rome had before, in great Measure, deprived it of. And,  
IV. From the 25th. of Henry the Eighth, to our own times.  

I PERIOD.  
And First: Let us inquire, how the 
§. 2.  Affairs of the Church were transacted, from the first Conversion of the Saxons, to the time of the Norman Conquest.  
It is evident to any one who has ever considered, by what Authority, and after what Manner, our Clergy are called together in Convocation; that when those Writs were framed which we still continue to make use of, they referred to a double end, and it was intended the Clergy should meet together under a double Capacity, by virtue of them.  
When the King issues out his Parliamentary Writs, and summons the Bishops to come to that great Council; every Bishop is thereby, distinctly, required, To give notice to the Dean 
See the Writ itself in the Appendix.  and Chapter of his Cathedral Church, and to the Arch-deacons, and Clergy, of his Diocese, of the King's Pleasure; to the end that they the said Dean and archdeacon, in their proper persons; their Chapter by one; and the Clergy of every Arch-deaconry, by two Proctors, lawfully chosen, and empowered, may, together with the Bishop, attend upon the King in Parliament; and there consent to such things as shall be agreed upon, for the good of the Church or State.  
Now this Clause, as it equally requires the inferior Clergy, as the rest of the Writ does the Bishop himself to come to Parliament; so has the necessity of it been accounted so great, that some have thought this to be the reason, 
Elsing. Meth. of Parliaments, p. 42. Custodi spiritualitatis, 7 Ed. 3.  why if the See be Vacant, the Writ shall, in such a case, bedirected to the Guardians of the Spiritualties, viz. That by this means the Proxies of the Clergy may, by them, be proemonished, to come to the Parliament, according to their duty, and as of ancient Custom they have been required to do.  
It must therefore be allowed, and accordingly it is indeed confessed by those, who have been the best acquainted with the Nature of our Constitution, that the Clergy were anciently a part of the Parliament, and that the Dignitaries, and Proxies of the Lower Order, did, together with the Spiritual Lords, make up the third Estate in it.  
But now together with this Parliamentary 
§. 3. See the form of the Convocation Writ in the Appendix.  Writ, sent out to every Bishop in particular: There is another general Order directed only to the Archbishop of each Province, to call together the whole Clergy of their several Provinces, to another place, and (usually) upon another day. The Copy of this Writ the Archbishop of Canterbury sends to the Bishop of London, as Dean of the Episcopal College; and requires him to summon the Clergy of his Province, and to attend himself, with the Clergy of his own Diocese, according to the King's Command. And this is more properly a Provincial Synod; tho', at present, it consists of the same Persons; and was oftentimes, heretofore, employed to the same ends, that the Clergy who came to the Parliament were: and consulted at once both of the State of the Church, and how to supply the Prince's Wants.  
And as this is the case of the Clergy at the present; so if we look back to those first Times, we are now particularly to consider, we shall find the foundation of this difference laid in them; and clearly see how it came to be derived down from thence to the Times that followed after.  
It has ever been the Wisdom, as well as Piety of Christian Princes, to pay a 
§. 4.  just deference both to the Judgement and Integrity of their Churchmen: And to think none more proper to advise with, even in their civil Concerns; and ostentimes, to intrust too with the management of them; than those whose Profession at once disposes them both to a greater extent of Knowledge, and to a quicker sense of their duty, than is ordinarily to be met with in other Men. And I believe there is no Nation, where the Gospel of Christ has prevailed, in which Ecclesiastical Persons have not been, by a kind of general Consent, admitted to the Management of civil Affairs; and been advised with as well in matters relating to the State, as in those which concern the Church.  
Now as this first brought them into the Great Councils of Princes, so was it the same opinion, of their Ability and Integrity, which first gave original to that part they now have, and ever did enjoy, in the Parliaments of this Nation. For as our Princes, from the beginning, were wont to do all things of greater Moment with the Advice of their great Councils: so, in all those Councils, the Clergy still had the chiefest place, as in the progress of these remarks I shall have occasion very plainly to show.  
Nor were the Laity any losers at all by this: For the Bishops and great Clergymen, being, by these means, present at their Councils; and the King by his very Office, having an original Right to deliberate concerning the Affairs of the Church, as well as of the State; it came to pass, that these great Councils, by degrees, transacted both: They deliberated as well of Ecclesiastical, as of civil Affairs; and the causes that concerned the Church were no less determined by the Judgement and Authority of the Laity; than the civil ones were, by the Advice of the Clergy.  
But because it may be of some advantage, to the right understanding of this whole subject, to have a clear knowledge of the method in which Ecclesiastical Affairs were wont to be transacted, in these most remote times, upon which I am now entering; and that the understanding of these, will very much depend upon a right apprehension of the nature of those great Councils, I shall have so much occasion to insist upon, in this Period: I will endeavour, in the first place, to give the most distinct account I can of them; and that from Foreign Historians, as well as from those of our Own Country.  
And here were the manner of holding 
§. 5.  Parliaments as truly ancient, as its Preface pretends, and as some affirm that it is; we should be able to go on the 
Coke 4 Instit p. 12.  more easily in our Account of these Councils. But because there are many things which make me justly suspect the Antiquity of that piece; I must be forced to look out for some other Guides, of a better Note; and of whose Sincerity there can be no doubt.  
That there was all along, in these days, a very near Affinity, between the Polity of France, and that of our own Country, in its Ecclesiastical, as well as in its civil Establishment; might from many Instances evidently be made appear. Those Northern Nations, who about 400 years after Christ, began to overrun the greater part of Europe, were very much alike in their Manners and Constitutions: And the Government, which, at the beginning, they settled in those Countries in which they fix'd, tho' in some Circumstances it might vary, yet in the main was the same too.  
Now the Parliaments of France (for so in aftertimes the great Councils of the Nation were called by them, as well as with us) were first brought into a settled Order and Method, by Pepin, Brother to Carloman, about the year 744: in the very times we are no● discoursing about. And the manner in which he did it was this. He called together 
Capitul. Tom. I. p. 155, 160.  his Bishops and great Lords, to a Council at Soissons: and there with the advice of both, commanded the ancient Canons to be observed, and set out several new Constitutions, for the Government of the Clergy, as well as of the Laity. And to the end that the State of both might be kept in better order, they farther decreed, that from thenceforth such a Synod should be held, for the same purpose, once every Year.  
And thus this Affair stood for some time; till about eleven years after, being a little at leisure from those Wars which had almost continually exercised him, he began to put his Kingdom into a better Posture. To which end, having again called together almost all the Bishops 
Anno 755 in. Synod. Vernens. vid. capit. Tom. I. p. 167, 170.  of France, he resolved to have two Meetings held every year; the first upon the Kalends of March, in the presence of the King, and at such place as he should appoint: the other upon the Kalends of October, at Soissons, or at such other place, as the Bishops, at the former Meeting, should agree.  
And here began a manifest difference 
§. 6.  to appear between the Civil and Ecclesiastical Synods. For at the former of 
Vid. Concil. Compend. An. 757.  these, there met not only the Bishops, but the chief of the Lay Lords of the Realm. In that were Laws made both for the Civil and Ecclesiastical State; and being framed by the Council, were examined, and confirmed by the King. Whereas at the latter there appeared only the Bishops and Clergy; and these made no new Constitutions; but only 
Marca de concord. par. 2. lib. 2. cap. 24.  consulted together about the State of the Church; and, if need were, prepared matter for the next State Meeting; or else took care to order the Reformation of men's Manners, according to the Laws already made.  
Such was the Polity which that King established for the Ordering both of Civil and Ecclesiastical Affairs. But now this Settlement, begun by Pepin, was very much improved by Charles the Great. And because of this, we have a very exact account given us by Hincmarus, 
Hincmar. Rhem. Epist. 3. cap. 29, etc.  out of the Writings of Adalardus, Abbot of Corbey, and a near Relation of Charles himself; it may not be amiss to take a short View of it.  
In the first place than He appointed 
§. 7.  two Assemblies to be held every Year; the One a General Council, of all the Bishops, 
Capit. To. 1. pag. 195, 275. To. ij. pag. 239.  Abbots, and Lords, of the Realm: The Other more select, consisting only of a certain number of the more aged, and honourable of all these; such as the Prince should think sit to choose; together with his principal Ministers of State, whom he also called to it.  
In the General Council, all the public Affairs, for the following Year, were settled: In the Other, were handled such incidental Matters, as not being foreseen, could not, by Consequence, be provided for, in that Great Assembly; and yet were of such a Nature, that They ought not to be deferred, till that Council should meet again. In Both these Councils, (tho' chiefly in the General One) Laws were made both for the Church, and Realm. The King proposed to them what He would have them debate upon; and having for three days consulted together, they laid the Result of their Debates before Him; and his Choice, and Approbation, determined the Matter.  
But that which I would chiefly observe 
§. 8.  in these Councils, is this; That as the Causes which sell in to be handled by them were of a different Kind, so were they dispatched by Them after a different Manner. If the Matter to be deliberated upon were purely Spiritual; in that Case, the Bishops, and Abbots, went apart by Themselves, and debated upon it. If it were wholly Civil, or Military, the Lords alone consulted about it. If it were of a mixed Nature, as relating to the Government or Discipline of the Church; then they Both together treated of it. But which soever it were, still the King considered of their Resolutions; and determined all, as He saw fit.  
From this difference both of the Matters debated in these Assemblies, and of the Manner of deliberating upon Them, the same Assembly is oftentimes called both a Royal, and Synodical Council. Thus Sigebert styles the Council of Trebur under the Emperor Conrade, Anno 1031. And thus may many of our ancient Councils be distinguished. I shall mention only One, in which a learned 
Spelman, Concil. To. I. pag. 525, 529.  Antiquary of our Own Country has made the same Remark, the famous Synod of Aenham: at which not only the Bishops, and Abbots; but the lay Nobility were present. But yet the most part of what was done in it, related to the Church; and was concluded by the Clergy alone, who went apart from the Other Lords, for that purpose.  
It were an easy matter to show that 
§. 9  the same method of deliberation continued to be observed, not only in our more Ancient General Councils of this period; but even after the Reduction of our Parliament to the Form in which it now is. But this would lead me too far away from those Times I am now upon; And I shall have a more proper Occasion hereafter to take notice of it. In the mean time, from what has been said, it appears, that the Method of transacting public Affairs in France, in those days of which I am at present to discourse, was briefly this:  
1. They had, every Year, a General Council of the Kingdom, made up of the chief Men both in Honour, and Employ, whether Civil, or Ecclesiastical: and therein Laws were made, with the Assent of the Prince, both for the Church and State.  
In Matters, purely Spiritual, such as the Articles of Christian Faith; the Clergy advised alone: and what was, upon their Advice, determined by the Prince, became a Law as to those Matters.  
In Matters of a mixed Nature, as in Regulating the Discipline of the Church; The Great Lords deliberated together with the Bishops; And the Prince confirmed, what by the Common Advice, and Consent of Both, was Recommended to Him.  
But because it might so fall out, that some Affairs might arise, which neither could be foreseen at those General Meetings, nor might be deferred till their next Assembling; Therefore,  
2. To prevent any Inconvenience that might happen by this means, there was another Great Council held every Year, made up of a select Number of those who came to the General Assembly: and by them were such Matters determined after the same Manner, and with the Concurrence of the same Authority, by which the Other proceeded.  
Such was the method of proceeding 
§. 10.  in these Public Affairs abroad; and the same was, in Effect, the Polity of our Own Country, under the Government of our Saxon Princes. They had their General Councils, first, in which they Deliberated of all Public Matters: And these Councils consisted of the Archbishops, Bishops, and Abbots, of the Clergy; and of the Wisemen, Great-men, Alder-men, Counts; that is to say, of the chief of the Laity, indifferently called in those Times, by any, or all these Names.  
In these Councils they debated, both of Civil, and Ecclesiastical Affairs; and made Laws, with the Prince's Consent, and Concurrence, for the Ordering of Both. And this they did, as far as I can judge, after the like manner that, we have seen, the French were wont to do: The Bishops and Clergy advised apart, in Matters purely Spiritual; But the Great-men debated together with them in Civil, and mixed Affairs; and in which the interest of the State was concerned, as well as that of the Church. Thus Athelstan, when he published his 
See his Pref. to them: Lamb. p. 45. Cum Bed.  Ecclesiastical Laws, tells us, that He did it with the Counsel of his Bishops: But when he came to his Other Constitutions, we find, from their Subscription, that his Nobles, as well as Bishops, were Present; 
Ib pag. 53.  and that Both assisted at the making of Them.  
Whether, besides these General Councils, 
§. 11.  there were not, in those Times, some more particular Ones with Us, as there were in France, I shall not undertake to say. That in process of time there were, we are very sure; and to which such only of the Bishops and Great-men were called, as the Prince thought sit to Advise with.  
Indeed, as to any settled times of these Councils meeting, it does not appear, that as yet there were any fixed: tho' afterwards a Custom began to be introduced, of holding these Great Councils Once every Year. But yet, within this period, Our Princes began very Solemnly to keep the Three Great Festivals of the Year, with their Bishops, and Lords; And by that means, in some sort, held a Council, three times every Year, with Them.  
It is true, our ancient Laws make mention 
§. 12. Vid. leg. Edu. Confess. cap. xxxv.  of a solemn Assembly that was convened every Year upon the first of May; in which the chief both of the Clergy and Laity, met together. And this differed but little, from such a Council as We are now speaking of. But yet, it does not appear, that in these Meetings 
vid. Spelm. Glossar. Voc. Gemotum.  any great Affairs of State were transacted, much less any Laws made: but rather the main business that was done in them, was solemnly to Renew their Oath of Fidelity to the King; and for the Maintenance of the Laws already made.  
But tho' the Greatest part of what 
§. 13.  concerned the Church, was therefore transacted with us, as it was abroad, in these State Councils; yet it cannot be doubted but that, within this Period, there were held several Ecclesiastical Convocations, or Synods, properly so called. To these not only the Archbishops, and Bishops, were admitted; but the Abbots, and other Clergy, were called: Insomuch that in some of them we find Priests, Deacons, and Monks; and even Abbesses also, mentioned. And besides these, not only the Prince was, for the most part, present; but oftentimes his Nobility together with Him. In these Synods, sometimes the Canonical Discipline was enforced, and Matters of Faith established. But generally they met for Other purposes; and did little more than either confirm the Estates, or Privileges, of some Religious Houses; or transact the like particular Affairs: And still the General concerns of Religion were settled, either by the Bishops and Abbots apart; or else, by them, together with the Great Men, in the Common-Council, or Parliament of the Realm.  
And now having said thus much to clear the way for a Right Understanding of the Method in which Ecclesiastical Affairs were wont to be transacted, in those Times, in which Christianity first began to be settled among Us, by our Saxon Ancestors; I shall go on to take a short View of the most considerable Assemblies, whether Synods, or Councils, that were held in this Country, before the Time of the Norman Conquest.  
It was about the Year of Christ 596, 
§. 14. So the Saxon Chron.  that Austin the Monk having determined to undertake the Conversion of the Saxons in these Parts, with the Leave of Pope Gregory, Arrived here: And having with Good success persuaded Ethelbert, King of Kent, to become his Proselyte, He from thenceforth began to have a very Great Authority with Him.  
We are told, by a Monkish Historian, 
Concil. Labb To. V. pag. 1614  that about the Year of our Lord 605, that King, being now fully confirmed in the Christian Faith, did with Bertha his Queen, and Eadbald his Son, and with Austin his Bishop, and the Great Lords of his Land, solemnly keep his Christmas at Canterbury. And there, in a Common Council, both of his Clergy, and People, He endowed the Monastery, which Austin had Founded in that City; and granted several large Privileges and Immunities to it.  
I have before observed, that it was an Ancient Custom of our Kings, to keep the Three Great Festivals of the Year, with an Extraordinary State and Solemnity. Their Bishops and Great Men attended upon Them; and they appeared in the highest Pomp of Majesty, they could put on, among Them: and took those Occasions to transact such affairs, as they thought expedient for the public Welfare. If there be any Credit to be given to this Relation, (for which I dare not answer;) then we must look upon this to have been such a Civil Council: Sure we are, that in aftertimes many were held of the like Kind.  
But tho' in these days the affairs of the Church were, for the most part, determined in such Meetings; yet I have before said, that some Synods they had which were properly Ecclesiastical; and those I shall therefore think myself concerned, in the first place, to Consider.  
Now among these, (not to mention the two Conferences of Austin, with the 
§. 15.  British Bishops;) I know of none more ancient than that which was held before King Oswi and his Son, at Streanshealch, in the Monastery of Hilda; concerning the time of Easter, the form of Tonsure; and (as Florence of Worcester adds) some 
Ann 6●4. pag. 561.  other Ecclesiastical Matters. Whether King Oswi, by his Authority, called this Synod, it does not appear: this we know, that He not only consented to the meeting of it, but also sat, with his Son, in it, and managed the debates of it. He proposed the business for which they met; and, at last, finally Resolved, what was to be held to, with Reference to the Points that had been debated. And tho' the Argument that determined him to embrace St. Peter's Tradition, rather than St. John's, (viz. that He kept the door in Heaven, and therefore He durst not contradict him, lest when he came thither the Apostle should Resuse him Entrance;) was but very mean, and suitable to the Rudeness and Ignorance of those Times; yet we see what Authority our Princes, from the beginning, had, as to these matters; and how considerable a part they were allowed in their Synods.  
But more eminent, as well as more 
§. 16.  exact, were the Synods held by Theodore, Archbishop of Canterbury: in the first of which, at Herudford, as the Bishops 
Bed Hist. Eccl. lib. IU. cap. 5.  of several Provinces were assembled, so did they Agree with Theodore, upon many useful Constitutions, for the Government of the Church.  
And as this Synod first settled the Discipline of the Church, in these Parts; so did that of Heathfield, which met about seven years after, establish the Faith of it. It admitted of the decisions of the Five first General Councils; and settled the Catholic doctrine of the Church against the several Heresies which had been condemned in those Councils.  
In both these Synods it is expressly said that Theodore Presided; And so he did, in the next I am to take notice of, which was held at Atwyford Anno 685. In which, among other things, St. Cuthbert was chosen Bishop of Lindisfarn; and, upon Easter-day, was Consecrated by seven Bishops, who Attended upon the King at that solemn Season.  
By whose Authority these Councils were called, it does not sufficiently appear to Us: 
‖ Bed Hist Eccl lib IV. c. 28. Monast. Angl. To. I. pag 39 46.  but that in this last, King Egfride was present, we are expressly informed. 
* Vid. Annot Wheeloc. in Bed. l. c. Chron Sax. 4ᵒ. ad Ann. 675. p 43.  And the constant Custom of the Princes in those days, will not suffer us to doubt, but that it was by their Direction that their Bishops both met, and acted in Them.  
At the Council of Cloveshoe, Anno 742, not only 
§. 17. Spelm. Concil. To. I. p. 189, etc. Script. X. p. 2209. Chron. Saxon. ad Ann.  Aethelbald, K. of the Mercians, Presided, but his Princes and Officers were present too. Yet this was properly an Ecclesiastical Synod, and the Matters transacted in it, all Related to the Church.  
Nor is this so much to be wondered at, seeing in the Legatine Synods, held by Gregory and Theophylact, sent hither by Pope Adrian the First, for that purpose; Our Kings not only directed the 
Spelm. Concil. To. 1. p. 293.  Assembling of Them, but, together with their Nobles, sat in Them: And to testify their Consent to what was done, together with their Lords, as well as Bishops, subscribed to the Acts of Them.  
And these are the chief of those Ecclesiastical 
§. 18.  Synods, which were held in these Times. As for the many Others, whose Acts remain to Us, they are manifestly Civil Conventions, and most of them such Assemblies of the States, as were afterwards called by the Name of Parliaments.  
Among these, as none ought more to be considered, so were none more plainly such, than Those in which our 
See Lambard's Leges Saxon. cum Bed● fol.  Ancient Saxon Laws were either drawn up, or published: And a very considerable part of which relate, to the Order and Discipline, of the Church.  
Thus Ina made his Laws with the 
Ib. pag. 1.  Consent of his Bishops, and all his Aldermen: K. Alfred collected his, with 
Pag. 22.  the advice of all his Wisemen. K. Edward the Elder and Guthrun, reviewed and enlarged 
Pag. 41.  Them, as assisted by their Wisemen. And tho', in the Preamble to the Laws of K. Aethelstan, we find mention only made of his Archbishop and Bishops; because they indeed only drew up those Laws, which were more properly Ecclesiastical: yet, in the Close of them, we 
Pag. 53.  are told, that all these Constitutions were published in one of those Synods, at which not only Wulfhelm, the Archbishop, but all his Great and Wisemen were present; that is, were published in one of his Great Councils, by him.  
K. Edmund compiled his Laws, in the 
Pag. 58.  Assembly of his Wisemen, as well ecclesiastics, as Laymen. So did Edgar, and Ethelred afterwards. And, lastly, Canutus, in the Preface to his Laws, not only tells us that they were made, with the Advice of his Wisemen, to 
Pag 62, 88  the Glory of God-Almighty, the Ornament of his Kingly Majesty, and the Good of the Commonwealth: But precisely notes the time when he compiled them; namely, That they were made at Christmas in the City of Winchester; where he than kept that Feast, and his Nobles, according to the ancient Custom, attended upon him, and sat in Council with him.  
To run through all the other Councils of 
§. 19  the like nature, in which Constitutions have been made, and Debates held, concerning things relating to the Church; would engage me in a needless, as well as tedious Research.  
I shall only mention a few of those of chiefest Note; which, together with those before spoken of, may suffice to give us a right Understanding, of the Nature and Quality of them.  
At Becanceld, about the Year 694, 
Spelm. council p. 189, 19●. conf. p. 219.  Withered, King of Kent, held a General Council; and if the relation be true, it was indeed of an extraordinary Composition. There were present at it, not only the Archbishop of Canterbury, and Bishop of Rochester, with the Lords and others of the Laity; but the Abbots, Abbesses, Priests and Deacons, of the Clergy. It was called by Archbishop Brithwald at the King's Command: And not only the King and Bishops, but all others of the Clerical Order subscribed to it.  
At Berghamsted, the same King, about 
Spelm. ib. p. 194.  three Years after, held another Council with his Bishops and Military Men: and by their common Consent, made several Constitutions, to be added to the Laws and Customs of Kent.  
But more remarkable is the Council at 
Spelm. ib. p. 327.  which Wulfred presided, under Kenulph King of the Mercians, Anno 816. At which, as at that of Becanceld before, not only a great number of Bishops were present; but, together with the King, came also his Princes, Dukes and Lords: And all these were surrounded with the rest of the Holy Orders; Abbots, Priests and Deacons; treating, with one accord, of what was useful, or necessary, for the Church.  
I insist not upon the Synods of 
§. 20. Spelm. ib. p. 332, 334.  Cloveshoe, assembled by Beornulfe King of the Mercians; Anno 822, 824: And both which were evidently great Councils of that Nation. As were also the Council of London, An. 833: Of Kingston, 
Ib. p. 336, 340, etc.  An. 838: Of Kingsbury, An. 851: Of Winchester, An. 855: Of London, under Edred, An. 948: Of Brandenford, An. 959: Of London under Edgar, An. 970: Of Winchester and Calne under Dunstan Archbishop of Cant. Of Aenham, An. 1009: And of Westminster, An. 1066. It is sufficiently evident from the instances I have already given, that whatsoever the Synod, or Council were, in which the affairs of the Church were transacted, they depended entirely upon the Prince's Authority: Who, for the most part, determined what was needful concerning them, in the great Councils of their Realms; and when they did not, ●et still kept the management, even of their Ecclesiastical Convocations, in their own hands; And suffered them not either to meet, act, or establish any thing, but according to their good Pleasure.   

TWO PERIOD.  
From the Coming in of William the First, to the 23d. of Edward the First.  
Hitherto our Princes maintained their 
§. 21.  Rights, and asserted that Authority, which their Royal Sovereignty gave them, over their Clergy. But now the Papal Power began to show its self, and to usurp upon their Prerogatives: And among other Instances in which it did so, this before us was not the least; till at last it grew up to that monstrous Pitch in which we shall find it, about the latter end of this Period: When the King was become of little value to his Synods; which were wholly subject to the Pope's direction; and depended upon the Will either of his extraordinary Legates, or of the Archbishop of Canterbury, to whose See a kind of perpetual Legantine Power, and Authority, was in the end annexed by him.  
I should depart too much from my present subject, should I look abroad, and consider by what steps these Encroachments were carried on, to the prejudice of the civil Power; and against which, no Princes either asserted their Authority with greater Vigour, or took more care to recover it, when lost by them, than Ours did. It shall suffice, as a Preparatory to what we shall hereafter meet with, barely to point out to you the Artifices that were made use of in order to this end; and to show by what secret, and almost indiscernible, Workings, they first began to restrain, and at last utterly destroyed the Rights of Princes, in the point before us.  
And first, having either sent their 
§. 22.  Legate into a Kingdom, or else constituted some of the chief Bishops to bear that character; the Prince, indeed, commanded the Clergy to assemble, but the other, as the Pope's Commissioner, advised the doing of it. Thus Boniface began the 
Concil. Labb. To. VI pa 555.  Usurpation in the time of Carloman, Anno 745. He assisted, as Pope Zachary's Legate, in the third Council of Germany, in which Gervitio, Bishop of Mentz, was deposed, and the said Boniface put in his place. And this Council, as the Acts of it speak, was held Carlomanno jubente, & Bonifacio consulente. The Prince commanded, the Legate advised it to be held. But much greater was the advance which Pope John the VIII. made in the time of Charles the Bald, Anno 876. For now the Pope called the Synod, and all the Emperor had to do, was to require the Pope's Summons to be obeyed. So the Acts of the Synod of Pontigon show; where we read, That 
Concil. To. IX. p. 290, 294  the Holy Synod was gathered together in the name of the Lord, by the calling of John the most Blessed, and Universal Pope; and at the Command of Charles the Emperor. And in the Acts of it, among other things that were determined by it, we find this Canon to our present purpose; That, As 
Vid Cap Baluz To. II. p. 248. n 7.  the Pope had, with the Connivance, Consent, and Joynt-determination of the Emperor, resolved to establish Ansegisus, Archbishop of Sens, to be his Legate; and had bestowed upon him the Primacy of France and Germany, in calling of Synods, and Canonically defining such things as were necessary; so did the Fathers of the Synod agree to it, and in like manner determine and establish.  
I might take notice of many things determined in this Decree, in manifest Derogation of the Emperor's Authority. But I shall content myself to observe, how by this time the Pope, in those parts, had got the power of Calling Synods wholly into his Hands; and either himself expressly did it, or else gave Commission to some other, to do it in his Name, and by virtue of his Authority.  
'Tis true, the Emperor consented to what was done in the present case; but that was only to allow that particular Person, (one of his own Subjects) to take upon him the Character of the Pope's Legate; not to enable the Pope to grant such a power, which he now assumed to himself a right to do.  
And accordingly in the second Synod 
§. 23. Concil. Tricassin. Anno 878. Ib. p. 307, 311.  of Troy's, held but two years after, the same Pope coming into France to remedy the disorders of the Church, and free it from some oppressions which it lay under; called that Synod by his own Authority: Made what Canons he thought needful for those times, and published them in the Council; and the Council had the honour to approve, and receive them from him.  
But as Encroachments of this nature 
Ib. p. 433.  being once begun, run still on to a greater excess; so Pope Formosus soon carried the Usurpation yet farther. He assembled, by his Legate, the Council of Vien, the Metropolis of France; and the Bishops met at his Command. And 
Vid. Concil. Mosomens'. pag. 747. Rhemens'. pag. 750.  from henceforth it became a settled Custom, for the Pope, by his Legates, to call such Synods; and to sit with the Bishops in those parts.  
Nor did the Pope only, by his Legates, call such Synods and assist at them; but even when the King himself was present, the Legate now began to preside over them: and to draw even matters of a civil Nature before him, and judge of them. So the Synod of Engelsheim under 
Ib p 624, 626.  Agapetus the second, and Otho the Emperor, did: It judged of the wrong that had been done to Lewis the 4th King of France; and excommunicated the Person by whom it was done.  
To such a Slavery had the Pope brought the Christian World, about the beginning of the Period I am now entering upon. He called Synods; He presided over them; He sent what Canons he pleased to be confirmed by them, and required their Consent to them: And lastly, He drew not only Ecclesiastical Affairs under their Cognizance; but judged of the Affairs of Princes in them, and the differences that arose among them, concerning their civil Authority and Jurisdiction.  
But to none of these Invasions would the Conqueror ever submit; but, on the 
§. 24.  contrary, he held his Bishops to the same subjection, which they paid to their Saxon Princes: and tho' upon occasion, he made use of the Pope's Authority to serve his own turn, against Stigand Archbishop of Canterbury; yet that being done, he quickly put a stop to his Jurisdiction; and suffered him not to meddle in any Matters, but where it was for his interest to allow of it.  
We are told by one, than whom no 
Eadmer. hist. p. 6. Harpsfield hist. eccles. sec. 11. cap. 6. p. 224.  one better understood the state of these matters; that this Prince would not suffer any of his Subjects to acknowledge any Pope, but such as was agreeable to his Will and Pleasure: And particularly, that he would not endure any Synod to be held, by the Bishops of England; or any thing to be determined in any Ecclesiastical Causes, without Leave and Authority first had from him, to empower them so to do.  
And the same was the Resolution of his Sons after him: And tho' being necessitated for the sake of their civil Interests, to yield a little, some of our following Princes did submit to the Papal Usurpations; yet no sooner was their Government grown strong, and their Peace settled, but both our Kings and our great Men, presently began to assert their Freedom; and to cast off those Chains, which the Pope had watched his Opportunity to put upon them.  
So that now then, to give a short account 
§. 25.  of the method of managing the Affairs of the Church in this Period; it was briefly this.  
In the great Council of the Realm; (and which tho' altered, in some circumstances, by the Conqueror from what it was before, yet still continued, in the main, the same:) as the Bishops, and most considerable of the Abbots, had a place; so now, as heretofore, Ecclesiastical, as well as civil Causes, were handled by them; and Laws passed for the Government of the Church, no less than of the State.  
In the other, and more select Councils of our Kings, which in this Period were held, sometimes at the great Feasts, and sometimes at such other Seasons, as our Princes thought sit; (and to which they took such of their great Men only, both Ecclesiastical and Secular, as themselves thought sit) many Affairs of the Church 
〈…〉 yng. Method of Parliaments, p 51.  were also debated; tho' not with such Authority, as in the other, more general Councils.  
Besides these Assemblies, as from the beginning of this Period, Ecclesiastical Synods did often meet; so in them were the rest of those Matters transacted, which appertained to the Church. But then these, as they met not without the King's Licence, so neither did they determine any thing but by his Consent; nor were their Acts of any Authority until they were confirmed by him.  
This was the State of the Church, in the beginning of this Period; whilst it, as yet, stood free, from the Usurpations of the Bishop of Rome. How it came to be enslaved afterwards, will better appear, from that particular view, we are now to take, of those Councils, in which any thing, of greater Moment, relating to the Church, has been concluded.  
I have before observed, how our 
§. 26. King William the Conqueror,  Princes very early began, with great Solemnity, to keep the three chief Festivals of the Year, and to be attended by their Bishops and Lords at them. At one of these Seasons, presently after he was settled in the Government, the Conqueror commanded a Synod to be held; and 
Florent. Wigorn. An. 1070.  made use of the Pope's Au 〈…〉 rity, and the Presence of his Legates, to strengthen what he had to do in it.  
Having thus assembled the Bishops apart, 
Vita Lanfranci c. 7. Hoved. sol. 259, 260. Brompt. Col. 967. 968.  into an Ecclesiastical Council, he proceeded not only to deprive Stigand, Archbishop of Canterbury, (who in some measure deserved it,) but several others of the Clergy; for no other real reason, but only that he did not love them, or else wanted to have his Normans in their places. And having thus proceeded, as far as he thought good, in this Council; he stopped still the next solemn Festival: And then in another Synod of the same kind, and assembled by the same Authority, he went on to farther Deprivations; after the like manner as he had done before.  
It was at a like meeting of his Bishops 
Malmsb. de gest. Pontif. lib. 1. c. 11. vit. Lanfranc. Antiq. B●it edit Lond. p. 95, 40. Rad. de dicet. col. 485. Ailred Riev. col. 406. Mat. Par. add an. 1075. p. 20.  and Lords, about two years after; that resolving the great Council into an Ecclesiastical Synod, he determined the Primacy of the Archbishop of Canterbury, over the Archbishop of York; and subscribed his Name to the Acts of it.  
What that Synod was which Lanfrank, sometime after, held at Westminster, we are not told. This we are informed, that it was called by the King's Command; and that he was present at this, as he had been at the other two.  
Whether this were the same Council which we find recorded by Malmsbury, in the life of Lanfranc; or whether there was another assembled the same year, I cannot tell. But that a Synod was held about this time at London, we are 
Malmsb. de gest. Pont. fol. 213. Spelman council. p. 7, 9, 10  well assured. In this many ancient Canons were revived, and the foundation laid for renewing the Ecclesiastical Discipline of the Church. And because this had not sufficiently determined what was necessary to be done; the next Year after, he held another at Winchester, 
Antiq. Brit. p. 114. Spelm. p. 11, etc.  in which several useful Constitutions were established; the Heads of which still remain to us.  
These are the chief of those Ecclesiastical Synods, that, we are told, were assembled under K. William the Conqueror. And the last of which, however said to have been called by Lanfranc, who also presided in them; yet still we must remember what we have before, in general, observed of this King, that the 
Eadmer. hist. nov. p. 6.  Archbishop called them by his Command: Who also approved their Acts, before he suffered them to have any Authority in this Realm.  
For the farther Confirmation of which 
§. 27.  Remark, let us only cast our Eye upon the Conduct of this Prince, as to these matters, in his own Duchy of Normandy; and from thence we shall be able the more certainly to judge, what Power he claimed over his Clergy, in his new Dominions.  
And here we find that at Whitsuntide, Anno 1086 he assembled his Parliament at Rouen. The Members who composed it were the same that, in those days, made up ours: There were present, the Archbishop, Bishops, and Abbots of his Territories; and with them the great Lords of the Laity. Being met, they 
Orderic. vit. anno 1086. p. 552.  made several Laws for the Government both of the Church and State; and he was both present at their Debates, and by his Authority confirmed what had been agreed on by them. And when some time before, the Archbishop of Rouen held a Provincial Synod, with his Bishops and Clergy, purely to consult of the Affairs of the Church; and several Canons were compiled by them: the Acts of it observe that the Conqueror 
Concil. To. X. p. 310, 311.  was himself, both present at the making of them; and that he afterwards confirmed them by his Command.  
Such was the Authority which this Prince exercised over his Synods: As 
§. 28. King William II.  for his Successor, King William the Second, he was not at all less, but rather was more stiff in asserting his Rights, as to these matters, than ever his Father had been. Insomuch that being on a time desired by Anselm, Archbishop of 
Eadmer. hist. lib. 1. p. 25.  Canterbury, To employ his Authority to the restoring of Christianity, almost utterly defaced in his Realm: He asked him, What he would have him do? Command, says Anselm, Councils to be renewed, according to ancient Custom. There let it be enquired what has been done a miss; and let a seasonable Provision be made for the remedying of it. There has not been held a general Council of Bishops, since you came to the Crown; nor for some time before. Through this defect many Enormities have broke out; and there being none to suppress them, they have, by an evil Custom, grown to too great a Height. To which the King answered, Of this I will determine when I see fit; and that at my own Pleasure, not at yours. And he kept his word with him: For 
Knyghton de event. col. 2373.  during his whole Reign, there was no Ecclesiastical Synod held in England.  
But what this King denied, the next 
§. 29. King Henry I.  readily complied with: For in the second Year of his Reign, he consented to the desire of Anselm to call a Synod, and accordingly at Michaelmas, Anno 1102, 
Eadmer. hist p. 67, etc. Matt. Pat. p. 58.  a Convocation met, in St. Peter's Church, near London. At this Synod, not only the King, but all his Nobles were present: The Archbishop desiring they might be fully satisfied in the Orders which should be made; to the end they might the more readily afterwards concur, with the Bishops, in the enforcement 
Anselm. Epist. ad reg. Angl. Concil. To. X. p. 732.  of them. For so the Iniquity of those times required; in which for want of Synods, Vice was grown to an extraordinary height, and the Fervour of Christianity was much abated.  
It was a long time after this, before any other Ecclesiastical Synod was held in this Country; but then there met one of an extraordinary Nature, and which I must take particular notice of; because that in it was made, the first considerable Invasion, upon the Prince's Authority, as to this matter, in these parts.  
Pope Honorius having appointed Jo. de Crema to go, as his Legate, into England; 
§. 30.  he met the King in Normandy; and after having been stopped for some time by him, managed his business so well, as to obtain the King's Permission to come over hither. Being arrived here, he assembled a National Council by his 
Spelm. anno 1126. Vol. II. pag. 32.  Legatine Authority, Anno 1125. And the method He took of doing of it, is worth our Notice: It being the first Instance we have, of any thing of this nature that was Attempted here.  
The Legate, assuming to Himself the King's Prerogative, commands the Archbishop of Canterbury, to Issue out his Writ for the Calling of it. This the Archbishop was forced to submit to; yet being 
Concil. Spelm. To II. anno 1126. p. 33.  desirous to maintain his Own Authority, as well as He could, He drew up the Writ in these Words.  
William, etc. Archbishop of Cant. to Urban, Bishop of Landaff, Health.  
I signify to you by this Letter, that John, Cardinal Priest, and Legate of the Roman Church, has, by Our Order and Connivance, designed to Hold a Council at London, the day of the Blessed Virgin's Nativity. Wherefore I Command you, that at the Time, and Place, prefixed, you fail not to meet us, with the Arch-deacons, Abbots, and Priors of your Diocese; to Determine concerning Certain Ecclesiastical Affairs, and to Reform or Correct, what the Sentence of Our said Convocation shall agree, is to be Reform or Corrected.  
The Council being thus Assembled, the Legate presided in it: He sat not only above the Archbishop and Bishops, but above all the Nobility of England, who came thither. By this Pride of his, he raised the Indignation of the whole Realm against Him: And being caught in Bed with a Whore at Night, after having bitterly inveighed against the Marriage of the Clergy the day before; He was forced to leave the Kingdom, in a very dishonourable Manner.  
But tho' the Archbishop therefore did what he could to assert his Authority; 
§. 31.  yet he was not without a very tender sense of the Assront that had been put upon Him. To prevent the like for the future, instead of maintaining the Rights of his See, and the Privileges of his Country, (and, in both which, our Nobility would certainly have stood by Him,) He applied to Rome for a Legatine 
Gervas': Dorob. Col. 1663.  Power to be Granted to him; and so unhappily brought both the Kingdom, and his own Dignity, under a greater Servitude.  
Being returned from Rome with his New Character, Anno 1127. He, the same Year, held a Council, not as Archbishop, but as the Pope's Legate; the first of the Kind that ever any Archbishop held in England: To this was gathered, besides the Bishops, a great Crowd, both of the Clergy, and of the Laity. But these were spectators only; the Bishops alone Voted in it: And all 
Vid. Conti●. Floren● Wigo 〈…〉 〈◊〉. 11●7. pag. 662, 603  the Power the King was now allow●●, was, after having heard what was defined by Them, to Consent to it; and to give leave to them to put in execution, what had been, as we see, determined by Them.  
But tho' the Clergy, by this means, 
Mat. Par. ann. 1120. Huntingd. fol. 〈◊〉. Hoved. fol. 274 Br●mp● Col. 〈◊〉. Knight. Col. 2382.  began to get Ground upon this Prince; yet it was not very long before he found out a way to be even with Them: and that such a One as was very Grateful, to his Close, and Thrifty, disposition. For about three years after, having Observed how little the Decrees of the late Councils had prevailed, to Oblige the Clergy to Abandon their Wives; in another Council held at London, August the 1st. 1129. He persuaded the Bishops to leave the Ordering of that matter to Himself. Which being done, He exacted vast Sums of Money from the Married Priests; and instead of forcing them to leave their Wives, gave licence to such as would pay for it, to live on freely with Them.  
King Henry being dead, it cannot be wondered if the Invasions, begun to be 
§. 31. K. Stephen.  made upon the Prince's Rights towards the latter end of his Reign, were not only continued, but increased, under K. Stephen. He, who sounded One part 
Malmsb. sol. 101. Ric. Hagust. Scr. X Col. 313, 314.  of his Title to the Crown, upon the Papal Authority; could hardly be supposed capable of denying the Pope the same Power, which his Predecessors had allowed to Him: And for the Opposing whereof, he had himself so weak a foundation.  
Three Synods we meet with, during the Reign of this King, and Every One held by the Legatine Power. The first was in the Year 1138: It was called by 
Gervas'. Chron. Col. 1346.  Albericus Bishop of Ostia; and all the favour which was allowed the King, was, That He was present at it, and helped to 
Henr. Huntingd. fol. 389.  make Theobaldus, Archbishop of Canterbury, in it.  
But much less was his interest in the 
Malms. Hist. Novel. Lib. II. Spelm. Concil. To. II. p. 45. anno 1142.  next of these Synods, which met at Winchester, about four years after: and which was not only called, without his leave, by the Legatine Authority of his Brother, the Bishop of that See; but was assembled on purpose to Animate the Clergy against him, and to prepare the way for Maude the Empress to overthrow Him. But the fortune of the King prevailed: And about the End of the same Year, in another Synod, of the 
Spelm. ib. p. 46.  like kind at Westminster, the Legate returned to the King his Brother's Party; and Recommended it to the People to pay that Obedience they Owed to Him.  
Thus passed these Affairs in this troublesome 
§. 32. K. Henry II.  Reign; and in which the Authority, first Usurped by the Pope, in the time of King Henry the First, got new strength; and began now to plead prescription in its favour. But now the Civil State being a little more Quiet, the King was thereby in a better condition to Assert his ancient Rights. And accordingly being informed that some 
Ann. 1160.  foreign Heretics were privily got into 
Vid. Neubrig. lib. II. cap. 13.  England; He commanded a Council of Bishops to meet at Oxford, and to call them before them: And being accordingly Convicted by them, they were publicly punished by the Civil Power.  
By whose Authority the next Convention 
Mat. Westmin. Ann. 1161. Ser. Causae, etc. Script. X. Col. 712. Antiq Britan. p 130. Mat. Par. Ann. 1162.  of the Clergy was assembled, the year following, it does not appear. Certain it is, that in the Election of the Archbishop of Canterbury, for which they met, all was managed to the King's content; and the person chose, whom He recommended to them.  
After the death of Becket, Richard Archbishop of Canterbury, held a Provincial Council. At this the two Kings, both 
Brompt. Col. 1101. Spelm. Concil. p. 103. Harpsfield. Hist. 〈…〉 cles. pag. 338.  Father and Son, were present; and all things were done, not only under their Inspection, but the very Council was held with their Consent and Good Will; And the King, with his Lords, confirmed the Decrees of it.  
How these matters flood in the next Reign, it will not be very easy to say: 
§. 33. K. 〈◊〉. I  In which the King was, for the most part, absent upon his Expedition to the Holy Land; and by the means whereof, the Affairs of the Kingdom suffered not a little at Home. Yet Baldwyn the Archbishop, 
Antiqu. Brit. pag. 145.  designing to accompany the King; before he set out, assembled a Provincial Synod, to settle the State of the Church; and to take such care, as he thought needful, to secure the Liberties of his See.  
It was not long after, that William 
Radulf de Dicet Col. 656. Mat Par. pag. 161.  Bishop of Eli, held another Synod at Westminster. But He being endued with the double Character both of Lord Justice of the Kingdom, in Richard's Absence, and of the Pope's Legate; as we cannot tell by which Authority He called it, so neither can it be doubted but that between Both, he had a sufficient Authority so to do.  
And the same was the Case of Hubert 
Hoveden. Ann. 1195 fol. 430. Harpsfield Saec. XII cap. 19  after: Who being empowered both by the King and Pope, assembled a Synod at York; Presided in it; and made many useful Constitutions for the Government of the Church.  
Thus stood the Affairs of our Convocations 
§. 34. K. 〈◊〉.  in these two Reigns: We must now go on to another prospect; to a Reign in which, through the ill Circumstances of the Government, and the Troubles that fell out by the means of it, the Pope (according to his Custom) made farther Invasions upon the Prince's Right; and, at last, raised up his Authority to the highest pitch, that ever it arrived at in this Kingdom.  
The King being absent upon his Affairs 
Hoveden. fol. 457. b.  in France, and Hubert still enjoying his Legatine Power; by Virtue thereof, called a Synod to Westminster, Anno 1200: And tho' forbidden by Geoffry Earl of Essex, whom the King had left as Lord Justice of England, during his Absence, yet nevertheless went on with it, and made several Constitutions in it.  
It was about six years after, that Jo. 
Mat. Paris, Mat. Westmin. Ann. 1206.  Ferentinus being sent, as Legate, into England, and having got together a vast Quantity of Money, held a Synod at Redding, and so took his leave of the Realm.  
From henceforth all things began to run into Confusion: The King Obstinately opposing the admission of Stephen Langton to the See of Canterbury; and the Pope, thereupon, putting the Kingdom under an Interdict, and at last Excommunicating the King himself. But it was not long, before the Pope, and the King, came to an Agreement; dishonourable to Himself, and derogatory to the Rights both of the Crown and Kingdom: Insomuch that Stephen himself Opposed it, and joined himself to the Barons, against both Pope and King, in defence of his Country's Liberties.  
It was upon this new Agreement between the King and Pope, that John doing what He would with the Preferments of the Church, the Archbishop held a Council at Dunstable, Anno 1214: 
Mat. Paris ad Ann. 1214.  And deputed two of their number to go to the Legate, whom the Pope on that Occasion had sent hither, to stop both His, and the King's Proceedings; by putting in an Appeal against Them Both, to the Court of Rome. And, the same 
Ib.  year, the said Legate having received full satisfaction from the King; and being therefore to Relax the Sentence which had passed both upon Him, and the Kingdom; that He might do it with the more Pomp, caused a solemn Council to be held at St. Paul's, London, and there Released the Realm from its Interdict, and Restored the King to his Royal Authority.  
And here we must put an End to 
§. 35. K Hen III.  these Inquiries, during this troublesome Reign. For from henceforth the Kingdom was in a continual disorder; in the midst of which the King, at last, died. But tho' by the Wise Management of the Earl of Pembroke his Governor, King Kenry the 3d. soon brought things into a better posture in the State; yet still the Usurpations were maintained in the Church; and the Archbishop, as Legate, continued to Summon the Clergy to his Synod. So did Stephen Langton, Anno 1222: In which He held his famous 
Mat Paris. Mat. Westmin. anno 1222. Walsyngh. Hyp. Neustr. p. 464.  Synod at Oxford, and published those Constitutions which still pass under his Name.  
About four years after, Otto the Legate coming hither, to enlarge the Pope's Revenues, before too great in this Kingdom; held a Council at Westminster the 
Mat Paris. Mat. Westmin. ad ann. 1226.  day after Hilary, and proposed to the Clergy the project upon which He came. To avoid the design He had upon them, the Bishops made answer, that the King (being indisposed) was Absent; and several of their Brethren were not come to the Synod, and so they could Resolve upon nothing for want of Them. The Legate, who understood the meaning of this; proposed to them, that They should, at least, Agree to another Meeting about Mid-lent, and he would undertake that the King should come to it. But the Bishops replied, That without the Consent of the King, and their Brethren, who were absent, they could not Agree to any such Proposal: And the King Himself forbade all who held any Baronies of Him, to do any thing in prejudice of His Rights. So zealous were these Men for the King's Prerogative; when they needed it to guard them against the Encroachments of the Pope! And so little do Men value how differently they behave themselves, when their interests lead them to shift their Party, and their Opinions!  
But tho' the King now joined with 
Mat. Westmin. ann. 1237.  his Clergy against the Pope, yet it was not very long before He himself invited the same Otho, to come again, as Legate, into England. Who being accordingly come hither, held a Legantine Council at St. Paul's, London, in the Octaves of 
M. Paris ad ann. 1237.  St. Martin's; to Reform the abuses of Pluralities, and some other Enormities that were crept into the Church: And there proposed his Constitutions to the Clergy, that so by their Suffrage and Consent, they might be established, for the Reformation of the State of the Church of England.  
I insist not upon the two fresh Attempts, that were made by this Legate upon the Clergy, for Money; and in Both which He was constantly refused by Them: As was also Rustandus, who succeeded 
Mat. Paris ad Ann. 1255. pag. 915.  him; and, by the like authority, called another Synod, to fleece the Clergy for the Pope's Advantage.  
About three years after, Boniface 
Spelm. Concil. ad Ann. 1258. pag. 304.  Archbishop, and Legate, held a Synod at Merton, upon St. Barnabas' day. The Pope had, the year before, granted to the King the Tenths of the Clergy, for three years. But the Clergy, tho' they Honoured the Pope much, yet resolved not to part with their Money: And the Archbishop held this Synod, on purpose to Oppose the payment of what he had granted.  
Upon another Legate's being sent hither, 
Mat. Westmin. ad Ann. p. 379.  Anno 1261: several Councils were this year called, and held, in Our Country. The two Archbishops, Assembled their Respective Clergy at London, and Beverley: And Boniface held another, 
Concil. To XI. pag. 80●.  distinct Council at Lambeth, and published many excellent Constitutions in it.  
But most famous in these times, as of chiefest Authority afterwards, was the Council Assembled by Ottobon another Legate, about the Year 1268. He had 
Knyghton Col. 2454  two years before, at the Parliament at Northampton, Assembled the Clergy who met there; and with Them Excommunicated all such as should adhere to Simon 
Mat Westmin. anno 1268. Wals. Hyp. Neustr. pag. 471. Spelm. Concil. ad ann. 1248.  Montfort, and his Party. And now he held this Other at London, with the Clergy of the whole Kingdom; and therein published those Notable Constitutions, we still have under his Name.  
It was now become a matter of Custom, 
§. 36. K. Edw. I.  and accounted a matter of Right; for the Legates Extraordinary; and the Archbishop of Canterbury, as Legate of Course, to Summon the Clergy to Convocations: Insomuch that we do not find this Great King, who otherwise was sensible enough of the Encroachments that had been made, and were daily making upon the Royal Authority; to have been at all Offended at it.  
Hence Peckham, the Archbishop, being returned from Rome, Anno 1280, the same 
Walsyngham Hist. pag. 49.  year, held a Council at Redding; and therein commanded the Constitutions of the General Council of Lions to be observed. And the next year He assembled 
Wals. ib. Concil. To. X 〈◊〉 11●6.  another at Lambeth; in which the Orders, and Constitutions, established by Otho, and Ottobon, were Confirmed; and some Others added, for the better Government of the Church.  
About ten years after, the same Peckham again held another Synod, at Redding: 
Antiquit. Brit. pag. 198.  in which, when the King heard that They were attempting some Orders in derogation to his Authority; He sent to the Archbishop, and Bishops, to desist: And upon his threatenings they put a stop to their Proceedings, and Broke up the Council.  
And thus have we seen what Encroachments were made, towards the End of this Period, upon the Prince's Authority, in the Subject before Us. There were, within this Period, (as all along after,) besides these National and Provincial Councils; several Episcopal, or Diocesan Synods Assembled, for the Affairs of that particular Diocese in which they were held: and some Rules were made by Them, to be observed by the Clergy of that District only. Such were the Constitutions of Alexander, Bishop of Coventry, 
Apud Spelm. Concil. To. II. p. 208, 240, 301.  Anno 1237: Of Walter, Bishop of Worcester, made in his Synod at Worcester, Anno 1240: Of Walter, Bishop of Norwich, made in his Synod at Norwich, Monday after Michaelmas, Anno 1255: Of Giles, Bishop of Salisbury, 
Ib. 302.  Anno 1256: And of which, it is not necessary that I should take any particular Notice, on this Occasion.  
But tho' the Affairs of the Church 
§. 37.  were in great measure handled in these several Kind's of Ecclesiastical Synods; yet this did not hinder, but that still Our Kings, with their Great Councils, did from time to time interpose in these Matters; and order many things relating to Ecclesiastical Persons, and Causes.  
When Wulstan, Bishop of Worcester, 
K Will I  challenged some Lands as belonging to his See, which were withheld from it by the Archbishop of Tork; the Cause between them was judged by William 
Sim. Dunelm. Col. 203.  the Conqueror, in his Parliament at Pendrede, the Archbishop, Bishops, Lords, and Great Men being present. This was manifestly a State Assembly; and by these was the Right between the two Bishops examined, and determined.  
But more properly Ecclesiastical was 
§. 38. K. Will. II. Eadmer. p. 26. Antiq. Brit Vit. Anselm.  the Cause which William the Second examined in his Parliament at Rockingham; upon Anselm's resolving to go to Rome, and to receive his Pall from thence. This the King vehemently opposed; and declared that the Archbishop could not both preserve his fidelity to him, and pay obedience to the Pope. And it is observable, that the referring of this cause to the Judgement of the Parliament, was at Anselm's own desire; who cannot be suspected of doing any thing that he thought, in the least, inconsistent with the Liberties of the Church.  
The next great Controversy that arose of this kind, was in the second 
§. 39 〈…〉ng Hen 〈…〉 I.  Year of King Henry the First, about the Right of Investitures. This was a point much debated in those times, not only here, 
* Eadmer. p. 100 Petr. Bles. p. 128. Malms. fol. 94. Hoveden. fol. 272. Knyghton col. 2372. Mat. Paris. pag. 65. Mat. West. Anno 1112.  but in most of the Countries of Europe. 
† Vid. Mat. Paris. p. 56, 58, 59, 60, 63. Mat. West. An. 1102, 1104. Malms. fol. 128. 〈◊〉.  To this the King laid a claim, and accounted himself to have as good a Title to it, as his Father, and Brother before him had.  
Upon this occasion the Quarrel grew so high between the King and Anselm, that the latter was, once more, forced to leave the Kingdom. But the cause was at last brought before the Parliament; and there it was, by mutual Consent, 
Eadmer. hist. lib. 4. p. 91.  resolved, that from thenceforth no one should be invested by the King, or any other lay hand, to a Bishopric or Abbey, by the delivery of the Pastoral Staff or Ring; but yet, upon such a promotion, they should do Homage to the King for it; which was the other thing that Pope Urban had before insisted upon, as much as upon the point of Investitute its self.  
This matter was scarce ended, when 
Eadmer. ib. p. 95.  another arose about the Marriage of the Clergy. And this was, in like manner, ended in Parliament, by the Authority as well of the King and his Lords, as of the Archbishops and Bishops: And an order made to prohibit all such as were in any Clerical Order, to cohabit with their Wives.  
There was yet a third great Controversy 
Eadmer ib. p. 100 Hoved. fol. 270, etc. Mat. West. An 1113 Rad de Dicet. col. 500, 501.  remaining concerning the Primacy of the Archbishop of Canterbury; and the Subjection that was due, from the Archbishop of York, to him. This also was brought before the King at Whitsuntide, and determined by him, with his Bishops and Lords; and the Authority of the See of Canterbury asserted by them.  
And when, some time after this, Thurstine, 
Brompton col. 1006. An. 1115.  Archbishop of York, refused to be concluded by this Decree; he was in full Parliament obliged either to renounce his Bishopric, or to pay Obedience to the See of Canterbury.  
No sooner was this King dead, and Stephen placed in his Throne; but, in 
§. 40. King Stephen. Ri●. Hagustald. col. 314. Florent. Wigo●. An. 1138.  full Parliament, he confirmed the Liberties of the Church, and made very ample Concessions to it.  
In his Parliament at Northampton, two years after, he disposed of several Ecclesiastical Preferments: And that this was the customary manner of those times, may be gathered from the last Parliament of this King; Which was called 
Jo. Brompton col. 1040.  by him, as well for the Affairs of the Kingdom, as to make Provision for the Church of York, then vacant by the death of St. William, the late Bishop of it.  
How far the Parliament still continued 
§. 41. King Henry II.  to meddle with Ecclesiastical Affairs, under the next King's Reign; the Controversy of that Prince with Becket his Archbishop, may alone suffice to show. When being angry with the Archbishop for Excommunicating one who held of him, and did him service, without first obtaining his leave so to do; he, in his Parliament at Westminster, proposed to the Bishops, that they should promise to observe the Ancient Laws of the Realm. This they refused to do, but with a Proviso put in to secure their own Liberties. The King resenting this, the Archbishop and Bishops, in a great Council at Oxford, promised, that they would submit to what he required of them. But when he thereupon, held his Parliament at Clarendon, and the particular points which they were to yield to, were proposed to them; Becket, tho' he had at first sworn to observe them, yet afterwards flew off from it; and never left, till he at last lost his Life, in an obstinate Opposition of the King's Prerogative.  
From this time the power both of the 
§. 42.  Pope and Clergy began very much to prevail. For the King being upon this occasion, forced to a dishonourable Submission; and the following Princes, especially King John, sinking their Authority still lower; the Efforts which were made by the Laity against it, were, for some time, but very seeble: Nor could the Parliament sufficiently vindicate its Power, against the Encroachments that were daily made upon the Civil Jurisdiction.  
But however, both our Kings, and our Parliaments, began by degrees to recover their Authority, and to return to their former strength; tho' indeed it was not till about the End of this Period, that they did so. And how far they then extended their Power both over Ecclesiastical Persons, and in regulating of Ecclesiastical Matters; their Acts still remaining, and many of them still in force too, sufficiently show: and 
See the Acts of Provisors, Praemunire, Mortmain, etc.  all which are so well known, that I shall not need to insist more particularly upon them.   

III PERIOD.  
From the 23d. of King Edward the First, to the 25th. of King Henry the Eighth.  
In the last Period, we met with a considerable Change, by the Usurpation 
§. 43.  of the Pope, and Weakness of our Princes, made in the Exercise of the Ecclesiastical Supremacy. We are now to account for no less a change in the Civil State: If the opinion of those may be admitted, who here fix the first Settlement of our Parliament, upon that lasting and excellent Foundation, upon which it has ever since stood; and upon which, it is to be hoped, it shall ever continue to stand.  
That our Kings, from the beginning, had their great Councils, and which, tho' not yet called by that Name, were nevertheless instead of a Parliament to them; has before been observed, and cannot be denied, or doubted of by any. To these the most eminent Persons of the Kingdom, as well Clergy, as Laity, were wont to be called; before the time of the Norman Conquest. And when, by occasion thereof, the Conqueror made a change in the Tenors of Lands in this Country; from thenceforth all the great Men, and Clergy, who held of him by Baronies, and owed him Service thereby, were summoned by him to his great Councils: And with these, all such others as held of him in capite, were obliged to attend at them, whensoever their Presence should be required; and that was, for the most part, as often as the Prince wanted Money, and expected a supply from them. Thus much the 
See Pryn's Animadv. on the 4 Instit p. 8.  Charter of King John implies; and this seems to have been the true Constitution of our Parliament, till about the latter end of King Henry the Third's time.  
How a change was then made, and what occasion was taken for the making 
§. 44.  of it; it is not needful for me, in this place, to inquire: But that in the 49th. 
Elsing. Meth. of Parliaments, p. 9 Brady's Introd. p. 140.  Year of that King the Commons were summoned by Writ to come to Parliament, is confessed by those who deny that they ever had any place in it before.  
Whether they, from thenceforth, continued to be constantly called to these Councils; or whether there was an Interruption in this new Establishment, from that time, till about the 18th. of King Edward the First; as it is hard to determine, so is it not very material to my present business to inquire. That which we are sure of is, that in the 
Brady, ib. p. 144, 149, 150.  18th. of King Edward the First; they were again summoned; and so have continued ever since to be.  
But tho' it be therefore confessed that 
§ 45.  the Commons were constantly called to the Parliament, from the 18th. of Edward the First: yet it does not appear that the Method, now observed, of choosing of them, was so soon brought in. The most ancient Authorities that are 
Brady, ib. p. 155.  alleged for this, are the Writs of the 23d. of the same King; and from which time, accordingly, some have dated the full Settlement, of our present most wise, and admirable Constitution.  
And as this is the Change which seems 
§. 46.  to have been made, about this time, in the secular part of our Parliament, so have we reason to believe, that at the same time, there was no less a change made in the Ecclesiastical part of it. For whereas before, only the Bishops and Abbots, who held of the King by their Baronies, were wont to be summoned thither; in the 49th. of Henry 3. when the Commons began to be called, several of the Inferior Clergy were also called together with them; and that, for aught appears, in a larger Proportion than 
Brady's Introd. p. 138, 143.  the Laity themselves were. And when, in the 23d. of Edward 1st. the constitution of the Parliament came to be settled, as now it is; the Inferior Clergy were put upon the very same foot, that the Commons were, in it. And as with respect to the one, a Writ was issued out to the Sheriff of each County, to return such a certain number of Knights, Citizens, and Burgesses; so with relation to the other, a Clause was inserted into the Writ of the Bishop of every Diocese; 
Elsing. Meth. p. 17. Brady's Introd. p. 150. See the Append. below.  to send the Dean of his Cathedral, and his Archdeacon's in person; and out of the Chapter, and Archdeaconries', to choose such a number of Proctors, as was thought sufficient to represent the Clergy, of each Diocese, in it.  
'Tis true, we are told, that in some few Writs, at the beginning, this Clause 
§. 47.  was sometimes omitted. By what means, or upon what account, they cannot tell. But then, as we find, that when this general Clause was omitted, particular Writs were sent to several of the Inferior Clergy to come to Parliament; so the same Learned Person, who furnishes us with this Remark, does ingenuously confess; that after a diligent search of our Records, it did appear to him, that these Defects were soon over; and that from the 6th. of Edw. 3. the 
Elsing. ib. p. 21, 31.  Clergy have continued to be as duly, and constantly summoned to Parliament, as the Commons themselves have been.  
Indeed, so evident is the truth of this, that our greatest Lawyers, and Antiquaries, do not deny the inferior Clergy to have been once a member of the Parliament. My Lord Coke has told us, 
4. Instit. p. 4.  That many times they have appeared there, as Spiritual Assistants, to consider, consult, and consent: Only he affirms, that they never had Voices there, because they were no Lords of Parliament; the force of which Argument I shall leave to the House of Commons to answer. In the mean time, I must observe, that in the case of Bird and Smith, Trin. 4. Jac. 1. upon a Deprivation made of Smith, by the High Commissioners, for not Conforming to the Canons of the Church; the Lord Chancellor having called Popham, Lord Chief Justice of the King's Bench; Coke, of the Common Pleas; and Fleming, Lord Chief Baron, to his assistance; it was agreed to by all the three, without any Exception; That 
Moor. Rep. p. 782, 783.  the Canons of the Church made by the Convocation, and King, without the Parliament, shall bind in matters Ecclesiastical, as well as an Act of Parliament: Because the Convocation of the Clergy was once a Member of the Parliament, but afterwards, for Convenience, separated; and therefore does carry its peculiar Jurisdiction along with it, in the Convocation House. For which reason also, a Clergyman cannot be chosen a Member of the House of Commons, nor a Layman of the Convocation; as Coke then declared had been resolved, in a Conference of the two Houses, 21 Hen. 8.  
And as concerning the other part of my Lord Coke's Assertion, that the Proctors 
4 Instit p 4.  of the Clergy never had Voices in Parliament; because, in the Writ of Summons, it is said that they were called, Ad consentiendum his, quae tunc ibidem, de communi consilio dicti regni nostri contigerit ordinari; it may suffice to observe; that tho' this be indeed the present Form, yet when both the Clergy and Commons were first called to this great Council, they were both summoned to another purpose, and in words that did expressly entitle them to act in it. In the 23d. Edw. 1. the first Summons (for aught appears) that was ever regularly issued out for them; they were called, Ad Tractand. Ordinand. & Faciend. nobiscum, & cum caeteris praelatis & proceribus, & aliis incolis Regni nostri. In the 4th. Edw. 3. Ad Faciend. & Consentiend. And this continued to be the usual Form afterwards. And these are the very Words that were used in the Commons Writs in the same Parliament, 4 Edward 3: And which, tho' altered about the 26th. of that King, into others of greater force, 
Elsing. M●th. p. 20, 21.  Ad Tractand. Consulend. & Faciend. Yet that Form lasted not very long; but in the 46 of the same King, it again was worded, Ad Faciend. & Consulend. and so has continued to this day. And a more ancient Authority than this, in my Lord Coke's Account, has told 
4 Instit. p. 12. Modus tenendi Par●. Hakewell, p. 2, 11, 31, etc.  us, that the Clergy were called, Ad Tractand. & Deliberand: That their names were called over the beginning of every Parliament; that they had a Voice in it, and made a part of the Commons there.  
But because this is a point that will 
§. 48.  best be cleared by matter of Fact; we will inquire a little what the Clergy were wont, heretofore, to do there. For as for the Forms of Summons, tho' I conceive at first, they were very properly drawn; and do mark out to us the undoubted Rights of those to whom they were sent, as they were allowed of in those ancient times; yet how little they may signify now, the Form of our Parliamentary Writs, in the Praemonentes to the Bishop, does alone too evidently show.  
In the 6 Edw. 3. after the Archbishop of Cant. and Bishop of London had declared, 
Cotton's Ahridg. of the Records, p. 11.  how that the French King designing an Expedition to the Holy Land, had desired our King to go along with him; and that this was the cause of calling that Parliament: Sir Jeffery le Scroop added, by the King's Commandment, that the same was called, as well to redress the Breach of the Laws, and Peace; as for the King's going to the Holy Land.  
The Bishops answered, That it did not properly appertain to them to counsel in matters of Peace, and to prescribe for the punishment of Evils: And so together, with the Proctors of the Clergy, they went apart, to consult about the Matters proposed to them.  
In the 13th. of the same King, the King appointing Commissioners in his stead 
b. p. 19  to begin, and continue the Parliament, we find the Dean of York, as Treasurer, standing next to the Archbishop in the Commission. And in the Parliament, which met the Michaelmas before, it being resolved to hold another upon the Octaves of Hilary; the Archbishops were ordered to summon their respective Convocations, to be ready to meet with it.  
In the 18th. of the same Edw. 3. at the opening of the Parliament, complaint was made, that sundry of all Estates were absent; whereat the King did no less muse, than he was thereat offended. Wherefore he charged the 
Ib. p. 43.  Archbishop, for his part, to punish the Defaults of the Clergy, and he would do the like, touching the Parliament.  
And in the same Session, the Resolution 
Ibid.  being taken that the King should end the War he was engaged in, either by Battle, or an Honourable Peace; the King agreed: And in order thereunto, the Clergy of Cant. granted him a Triennial Disme; and the Commons two fifteen of Counties, and two Dimes of Cities and Towns.  
It was the usual custom of the Commons, in those days, to begin such Bills as they thought necessary to have passed, by Petition to the King in Parliament. Thus they did in this Parliament, 18 Edw. 3. which being ended, the Bishops and Clergy exhibited their Petitions also, being in number seven; whereto the King answered, and the same comprised, in the Statute for the Clergy, still extant. In the Preamble of which, the King takes 
See the Stat. 18. Edw. 3. Rastall.  notice of the Triennial Disme granted to him by the Prelates, and Procurators of the Clergy, of both Provinces.  
In the 1 Rich. 2. we again find the Clergy petitioning in like manner: And in the 21st. of the same King, the Commons, by Sir John Bussey their Speaker, pray the King, that forasmuch as divers Judgements were heretofore undone, for that the Clergy were not present, therefore they prayed the King, that the 
Ib. p. 368.  Clergy should appoint some to be their common Proctor, with sufficient Authority thereunto. And the Bishops thereupon appointed Sir Thomas Piercie their Proctor, to assent in the name of the Clergy. And by virtue whereof, when the Parliament took a new Oath to the 
Ib. p. 371.  King, the Bishops and Abbots themselves took it, and Sir Thomas Piercie, as Proctor for the Clergy, was sworn to the same.  
And when, in the same Parliament, Sir John Bussey offered the King a Subsidy from the Commons, and thereupon desired his general Pardon; the Clergy gave the like power to Sir William ●e Scroop of Wilts, to answer for them, that they late did to Sir Thomas Piercie. And when finally, upon the advice of Sir John Bussey, the Lords were required again to swear not to alter any thing of what was done in this Parliament; not only the Bishops, and Temporal Lords did so; but sundry of the Proctors of the Clergy, and most of the Commons, by holding up their hands, affirmed that they would do the same.  
Now the main thing done in this Parliament, and for the effectual performance whereof, they were so solicitous to have such an Authority concur, as might admit of no exception; was to annul the Proceedings of the Duke of Gloucester and his Adherents, in the 10th. and 11th. years of this King, and to prevent the like violence for the time to come. And in the Statutes made to this purpose, there is express mention therefore made, of the Proctors of the Clergy consenting thereunto; as in the second, and twelfth Chapters, of the Acts of that Parliament, may mor● fully be seen. And tho' in other places they are not particularly mentioned; yet since those who allow the least to them, do confess, that their assent was taken to what was done; we must conclude, that they are comprehended under the general Name of the Commons, even when they are not expressly distinguished from them.  
From what has been said, it appears, that the Inferior Clergy were not only 
§. 49.  heretofore a part of the Parliament, but did meet, and act in it. But now after what manner they did so, does not so plainly appear. It has been the opinion 
Cotton' s Abridg. ib. p 11, 12. Elsing. p. 82, 84.  of some, who have been very well versed in the Antiquities of our Country, that, at first, the two Houses not only met in the painted Chamber, at the opening of the Parliament; and at such other times as the King came to it; but ordinarily sat, and voted, together.  
But as those who assert this, are forced to confess, that it was, even then, the custom of the several Estates to retire, and consult by themselves, of any difficult matters that came before them; and so return again, and jointly deliver their Opinions: so we are assured, that they had, very early, their several places to meet in, and their several Speakers too, to manage their Debates.  
In the 6th. Edw. 3. the Parliament 
Cotton' s Abridg. p. 11.  met about the Affairs of Scotland. The Bishops and Clergy went apart by themselves; the Dukes and Barons by themselves; and afterwards they delivered their joint Answer to the King. And so they did in the 40th. Year of that King: When the Pope having sent hither to demand Tribute and Homage, to be paid to him, we are told, That the Bishops went apart by themselves; the 
Ib. p. 102.  other Lords by themselves; and the Commons by themselves. And being returned from their several places, and met together; they all declared their unanimous Resolution to oppose the Pope's Demands.  
In the 50th. of the same Edward, we 
Ib. p. 120.  find mention made of the place where the Commons sat, viz. the Chapterhouse of the Abbot of Westminster. And three Years before this, upon a demand of Money made by the King, to carry on 
Ib. p. 116.  his Wars; the Commons sent to the Lord's House to desire a Conference with them; and they presently agreed to the Proposition, and went into the Chamberlain's Chamber to treat with them.  
It is in the 51st. Year of this King 
Elsing. Meth. Ch. 5.  that we find the first, express mention, made of the Speaker of the House of Commons; tho' there want not very probable Conjectures to prove that they had one long before.  
That upon such times as the whole Parliament met, and as long as they continued to sit together; the Proctors of the Clergy met together with them, is not to be doubted. Their Writs summoned them to the same place, and upon the same business; and we cannot doubt, but that they met accordingly, at the opening of every Parliament together.  
Whether upon the division of the two Houses, as the Bishops continued to sit with the one, so the Proctors of the Clergy did also sit, at first, with the other, I am not able to say. But from the time that they had a distinct Prolocutor of their own, we must conclude, that they met distinctly: And upon all the Divisions we meet with, in the most ancient Rolls of Parliament, the method still was for each Estate to consult together; the Lords Temporal by themselves; the Commons by themselves; and the Bishops and Clergy by themselves. And when we consider the Method that has been taken, from the beginning, of summoning each of these to Parliament; how the Temporal Lords have their Writs particularly directed to them; the Commons theirs, directed to the Sheriff of each County, and the Bishops and Clergy theirs joined together: It may seem not improbable, that as they were summoned after a distinct manner to the Parliament, so they sat too; And that the Bishops, and Proctors of the Clergy, not only occasionally consulted together, but ordinarily acted as one of the three Estates of the Realm there.  
In what place the Clergy used to meet, I have not found: But as their other Convocations were usually held at St. Paul's, so it is not improbable but that, upon these occasions, they may have sat there also.  
It was the Custom of the Parliament, 
Elsing. Method of Parl. p. 93.  in the time of Henry the 8th. that the Lords did not sit upon Convocation-days; because then the Bishops were absent, and sat with the rest of the Clergy. This was in use in the 1st. Year of that King: And afterwards we find, that certain days were appointed, every Week, for the Convocation to sit; and on those, the Lords only met and adjourned, but entered not upon any public Business.  
Were we well assured of the Antiquity of this Custom, it would go a great way towards the Confirming of what I before proposed: And being joined with those two Things of which we are Certain; namely, First, That upon all Greater Debates, it was the Manner of the Bishops and Clergy to go aside, and Consult with One Another; and then, by the Archbishop, or some Other of the Bishops, Report their Opinion to the Other Estates: And, Secondly, That They separately gave Subsidies to the King; (as also the Lords and Commons seem to have anciently done:) would prompt us to conclude the Constitution of our Parliament to have been, Originally, this; That when the Three Estates met together, (as at the Opening of every Session, they are still wont to do; and are by some supposed to have always done at the first;) the Proxies of the Clergy, as well as the Commons, either came Up to the House of Lords, or they all attended the King in the Painted Chamber. Afterwards, when they sat separately, Each State met, and consulted, by its self: Only the Bishops, and Parliamentary-abbots', as they appeared there under a double Capacity, so they sat, and Voted accordingly: With the Clergy in Convocation, as Members of that Estate, on Convocation-days; At Other times, with the Lords in the Upper House; as Members of the Baronage of England, by Virtue of their Baronies.  
And thus have I accounted for the 
§. 50.  first Original of the Convocation, as it was anciently a Member of the Parliament of this Realm; and is still Summoned by the same Writ, by which the Bishops are Called to Parliament, at this day. But there is another Respect, under which the Clergy, in Convocation, may be considered; and of which it will, therefore, be necessary for me to give also some Account; before I go on to take any particular View, of what was done by them under this Capacity.  
I have before said, that when the King Order his Writs to be Issued out for Calling a Parliament, He does, at the same time, direct two Others to be sent to the Two Archbishops, to Summon the Clergy of their Respective Provinces, to meet together about the same time. And it will be necessary for me, in the first place, to take notice of the difference there is between these Two kinds of Summons; because that, by that, we shall be able the better to judge, what is intended by Each of Them.  
First, then; The Parliamentary-Writ is sent distinctly to every Bishop, immediately from the King; and the Bishop is thereby Required to Summon the Clergy of his Diocese, to go along with him to Parliament. Whereas the Convocation-Writ is sent only to the Archbishop, and He, by the Bishop of London, sends to the Other Bishops of his Province; to meet Him with their Clergy, in Convocation; according to the King's Command. And sometimes, the Archbishop heretofore, Summoned them, only by his Own Authority.  
2. By the Parliamentary-Writ, the Bishop and Clergy of Each Diocese, are to come to the place where the Parliament is intended to be Opened; and upon the Day appointed for the Assembling of it. By the Convocation-Writ, they are called to the Chapterhouse at Paul's, or to such Other place as the Archbishop appoints; and that oftentimes heretofore on some Other day than that on which the Parliament began.  
3. The Parliamentary-Writ Summons Them to come to Parliament, there to Treat, etc. with the King, the Rest of the Prelates and Lords; and Other Inhabitants of the Realm, concerning the Urgent Affairs that are there to be deliberated of; with respect to the King, the Realm, and the State of the Church of England. The Convocation-Writ calls them to consult only among Themselves; and that as they shall be directed by the King, when they come together.  
4. By the Parliamentary-Writ, only the Deans, Arch-deacons, and Proctors of the Clergy are Summoned: But the Convocation-Writ, with these, called the Regular Dignitaries too; Omnes Abbates, Priores, etc. tam Exemptos quam non Exemptos; and so gave many a place in Convocation, that had nothing to do in the Parliament.  
5. Last; By the Parliamentary-Writ, they were ever to meet at the very precise time the Parliament did: By the Other, they not only did not meet always, at the same precise Time, but very often at such time as no Parliament was Sitting. Which was the Case of the most ancient Convocation-Writ, I have 〈◊〉 met with, of the 9 Edw. II. And according to which the Convocation sat. Febr. 17: whereas the Parliament met the October before.  
It is therefore as plain, as any thing 
§. 51.  can well be, That the Convocation of the Clergy, considered as called by the Parliamentary-Writs, and sitting by Virtue of Them; and the Convocation considered, as Summoned by the Convocation-Writ, and the Orders of the Archbishop, consequent thereupon; are, in their nature and constitution, two different Assemblies; and which, by no means, aught to be Confounded together. The great Question is, What the nature of this Convocation, as distinguished from the Parliamentary-Convention, is; and what the design of their Meeting Originally was?  
Had these Convocations been always Assembled by the Authority of the Archbishop, without any Writ from the King; as oftentimes heretofore they were: And had they meddled only with Ecclesiastical Matters, when they met; It would have been no hard matter to give a plain, and certain Answer to this Enquiry. Because, in that Case, it would have been Evident, that these Convocations were no Other than Provincial Synods; which the Archbishop took occasion to Assemble; for the Ease of the Clergy, and the Benefit of the Church; at the same time that they were otherwise Required to come together, for the business of the State.  
And this Use Our Kings were wont sometimes to make of Them. They referred Ecclesiastical Matters to them; and advised with them in things pertaining to Religion. But as the Form of their Summons entitles them to meet upon some urgent Affairs, which concern not only the security and defence of the Church of England, but of the King too; and the peace and tranquillity, the public Good, and defence of the Kingdom: So the main design Our Princes seem to have had in Assembling these Convocations, either at the same time they did their Parliament, or not long after, was to get Money from Them: That so, in a much fuller Body of the Clergy, than what usually came to the State-Council; and consisting of such Members particularly, as were most ha●d to be dealt with; the Abbots and 〈◊〉; they might either obtain a supply from the Clergy there, when they had 〈◊〉 in Parliament; or have that Supply confirmed by them in Convocation, which had before been Granted to Them in Parliament.  
Nor is this any vain Conjecture, but founded upon a General Observation of what was done by the Convocation when it met; and which, for the most part, was nothing else but to confirm, or make an Order for Money: And even upon the very Summons themselves, which were anciently sent to them; and in which the Cause of their meeting was, oftentimes, more particularly expressed, than afterwards it was 
〈◊〉 's Meth. of P 〈…〉. p. 9  wont to be. I shall offer an Instance of this, in that ancient Summons before mentioned, 9 Edw. II. In which it is declared; That those Bishops, and Others 
Grand Quest. p. 1●9.  of the Clergy, who were Summoned to Parliament, had, as far as they were concerned, unanimously yielded to a Subsidy; but so, that Others of the Clergy, who were not Summoned to Parliament, should Meet in Convocation, and Consent thereto. And that for this Cause the King had sent his Writ to the Archbishop, to Summon All Prelates, whether Religious, or Others, and Others of the Clergy of his Province, to meet at London, post 15 Pasch. to treat, and consent of the Matter aforesaid.  
This therefore was the great Use which Our Kings were wont, all along, to make of their Convocations; and from this it came to be the Custom to Summon them, for the most part, as often as the Parliament met; and, Generally, at the same time that it did so.  
But tho' our Convocations therefore, 
§. 52.  even as Ecclesiastical Synods, have, by this means, come to be, for a long time Summoned, at the same time that the Parliament was to meet; yet I do not see any Reason there is to confine them so closely to such a season, as to make it absolutely necessary, for the King, to call the One, whenever He does the Other. Indeed Custom, which, in such Cases, aught to be allowed its just force, has prevailed so far, that it may be questioned whether the Clergy thereby have not a Right to be Summoned to the Convocation, as often as the Other Estates 
S●● 〈◊〉 〈◊〉 〈◊〉 Num. VI A 〈◊〉 L 〈…〉 and Troubls. 〈◊〉. 16●. p. 8●.  are to the Parliament. But as Our Kings have often been wont to hold Convocaons', when there were no Parliaments sitting; so in this very Age, we know, the Convocation was continued, after the Parliament was dissolved; and our most Eminent in the Law declared that it might lawfully be so.  
How long our Archbishops went on, by their Own Authority, to call these 
§. 53.  Convocations, I am not able precisely to determine. But as it is observed by One, 
Harpsfield Hist. Fe●l●s. s 〈…〉. XIV. cap. 11.  who has been very Curious in these Remarks, of Simon Langham first, That He summoned such Synods, partly at the desire and command of the King; and partly without the King's Letters, at his own pleasure: and of Thomas Arundel 
Ibid. s 〈…〉. XV. cap. 9  after, That the Convocation of 1408, as almost all the Others of His Time, were called by the sole Letters and Command of the Archbishop; tho', nevertheless, He sometimes held Them at the desire of the King, and by virtue of his Letters, for the Public Affairs of the Realm: So it is plain, that, not only in these times, the King did often send his Orders to the Archbishop for this purpose; but that from the very time of Edward the First, He had been constantly used so to do. And it is no improbable con 〈…〉 ure of our Church-Historian, that about 
〈…〉  the End of Arundell's time, the King began wholly to Assume this Power; and that from thenceforth no Convocations were called, but at his Command. That this was the Case in Henry the Eighth's time, the Act of his 25th. Year, Chapt. 19 tells us: And whosoever shall weigh the Introduction of that Statute, will see cause to conclude, from the Wording of it, that so it had been for some considerable time before.  
And now, having thus prepared the 
§. 54.  way for a Right understanding of the nature of the Convocation, as it was first settled in the beginning of this Period; and has, from thence, been derived down to Us: Let us go on to take a brief View of the chiefest of those Meetings, of which any Account remains to Us; and from thence we shall be able more clearly to discover the Nature of them, and what dependence, of Right, they ought to have upon the Royal Authority.  
No sooner was Winchelsea made Archbishop 
K. Edw. I.  of Canterbury, but He presently turned his Mind to the Reformation of his Court of Arches; and for the better 
Ann 1295 Spelm. Concil. To. II. p. 4●3.  accomplishing thereof, called a Provincial Synod, in which He published those Orders for the Regulation of it, which still Remain to us under his Name.  
The next year after, the same Archbishop 
Spelm. ib. ad Ann. 1296. pag. 428.  held Another Synod; and therein agreed, that a Sentence of Excommunication should be published against all such as should Infringe the Liberties, granted by the King, in his Great Charter, and Charter of the Forest; and that the Copies of Them, (ordered by the King and Parliament, to be sent to Every Cathedral Church,) should, according to their Command, be publicly Read to the People Assembled there. There were some other things done in this Convocation, for the better securing of the Privileges of the Church; and an Order published by the Archbishop, throughout his Province, to make known to the Clergy what had been Resolved by Them.  
What was designed to have been done in the Convocation again, called the year following, is not known. All that we 
Mat. Westmin. Ann. 1297.  are told of it, is, That two Friars appeared there, in behalf of the King, to show, that notwithstanding the Pope's Prohibition, the Clergy might lawfully grant a Subsidy to the King, to help Him in his Wars: Which being done, they laid a Command upon the Clergy, under pain of Imprisonment, not to publish any Sentence of Excommunication, either against the King, or against any that put Themselves under his Protection: and thereupon the Synod immediately broke up.  
For the better understanding of 
Mat. Westmin. 1296, 1297 Walsyngham. ann. 1298. pag. 69. Knyghton Col. 2489.  which, we must know, that the Archbishop had procured a Bull from Rome, to forbid the Clergy to grant the King any farther assistance, without his leave first had for the doing of it. The King hereupon put the Clergy out of his protection: And then the Clergy granted him a fifth part of their Goods; only 
Knight. ib. Col. 2491. 2510, etc. Antiqu. Brit. pag. 203.  the Archbishop Himself stood out, and had his Goods Confiscated. But, so ill were the Circumstances of the King at that time, that he thought it not safe to Contest it with Him; but, in a little time, returned again to Peace with the Archbishop, and restored his Goods to Him.  
But this Reconciliation lasted not long; the King seeming rather to have waited for an Opportunity of doing him a mischief, without hurting himself, than to have truly forgiven him. And therefore being now in better Circumstances with the Pope, He accused the Archbishop 
Mat Westmin. Ann. 〈◊〉. Walsyngham, p 92. Ann 13●7.  of having been the chief Fomenter of all the late Troubles he had met with, from his Barons; and forced him to go to Rome to answer for it. And when, in the last year of his Reign, He held his Parliament at Carlisle, An. 1308: He caused an Inhibition to be Put upon 
Walsyngham, Ann ●308. Ibid.  William de Testa, a new Legate, sent to get up more Money here; and a Restraint to be laid upon such Monks as had Lands in England; but whose capital Houses were in other Kingdoms.  
So earnestly did this King labour to 
§. 55. K Faw. II.  recover his Authority, from those intolerable Usur pations that had been made upon it. No sooner was King Edward the Second, His Son, Crowned; but He gave the Archbishop, now Returned from 
Antiquit. Brit. pag. 〈…〉 8, 209.  Rome, to understand, that He would not suffer his Realm to be obliged, either by the Decrees of the General Council of Lions abroad; or by the Constitutions of Otho and Ottobon at home, against his Consent: And therefore, that he should not deprive any of his Chaplains of their Benefices, on any pretence of Pluralities, or Nonresidence.  
But still the Pope's Authority both in assembling, and managing of our Convocations, nevertheless prevailed. An eminent instance of which we have, in the Convocation held the year after, and from whence we may collect, how they were ordered about this time.  
The Pope having resolved to suppress 
Spelm. Concil. To. II. ad An. 1309. p. 4●8.  the order of the Knights-Templers, summons a general Council to m●et at Vienne. To this he invites, or rather commands, our Archbishops and Bishops to come. And that they might be the better prepared for what they were to do there, he requires the Archbishop of Canterbury to assemble a Provincial Synod, and therein to deliberate about the affairs of the Knights-Templers; and to dispose the way, for their more essectual Condemnation at the general Council.  
The Archbishop having received this order from the Pope, immediately sends his Writ to the Bishop of London, requiring him to call the Bishops and Clergy to a Convocation. The Bishop of London sends abroad his Summons accordingly: And when they met, the usual Preliminaries being over, the Pope's Bulls were, in the first place, read; next the Bishop of London's Certificate, to show what he had done, in obedience both to the Pope's, and Archbishop's, Command: and so they proceeded to the business for which they were called.  
And here then we have a full Representation, of the State of our Convocation, and how it was managed in these times.  
Great was the Usurpation which the Pope, in all this, made upon the King's Authority: And it ought the rather to be taken notice of, because this Archbishop was otherwise, a hearty Friend to the Liberties of his Country, and had a true respect and value for the King; whose Follies and Excesses wrought so far upon him, that they are at last thought to have broke his Heart.  
The next Archbishop that succeeded him, as he came in by the Pope's Authority; so, to maintain his Power the better, he took care by such means, as seldom fail in the Roman Court, to gain mighty Privileges from that See. Being supported with these, he proceeds to make a Provincial Visitation; holds several Synods at Oxford, Lambeth, and in other places. And in one at Westminster, 
Const. Walter Reynold apud Lynwood.  publishes his Provincial Constitutions. And all that the King was able to do, was to send a Prohibition to him 
Concil. Labb. To XII. pag. 2468. Spelm Concil. p. 488.  not to attempt, or do any thing to his Prejudice; or to the Prejudice of the State, his Crown, or Kingdom.  
As for Simon Mepham, who succeeded this Archbishop, he held some few Synods, and made some Provincial Constitutions; in neither of which, there is any thing extraordinary to be observed.  
And the same must be said of the Convocations held by Archbishop Stratford, who followed after: In all which, there is little to be taken notice of, more than 
Spelm. Concil. To. II. ad An. 1341, 1342. p. 550.  this, that what Constitutions were made by them, he ordered to be observed by his own Authority, and to be published by the Clergy throughout his Province.  
But here, tho' it be not necessary to 
§. 56. King ●dward III.  our present purpose, yet it may not be amiss to observe, how our Kings began, by degrees to assert their Authority, and to put a stop, if not an end, to the Usurpations of the Court of Rome. It was about the Year 1343, that the 
Knyghton Col. 2583.  Pope desiring to increase his Revenue here, sent a Message to the Clergy to persuade them, out of the two Provinces of Canterbury and York, to maintain too Cardinals at Rome. This being brought before the Parliament, it was resolved, by the common Consent of that great Council, to let the Pope freely know, that they were grown weary of his Impositions, and neither could, nor would bear, any longer, those Burdens, which he was continually laying upon the Kingdom. For which end, it was also resolved, that whosoever procured any Benefice in this Realm, by virtue of the Pope's Provision, should be obliged to come and live upon it, and not be suffered to draw the Wealth of the Nation into other Countries: And lest this should not do, it was also farther established, that no one should be admitted to any Benefice, upon the Authority of any Bull from Rome, without the King's special Licence and Consent. And all the Lords and Nobles declared, that if the Pope went on, by his Provisions, to dispose of Benefices, whether to Foreigners, or others; which their Ancestors had given, by way of Charity, to religious Persons to pray for them; they would forthwith seize them into their own hands, and dispose of them as they thought good.  
This was a brisk stand, and some restraint it did put to the Pope's Exorbitancies. And yet it was but a year 
Knyghton Col. 2548, 2585.  after, that he sent two Bishops to the King to prevail with him to revoke these orders: But our Historians tell us, that they received a short Answer, and presently returned home again. And the next year following, the King put a 
Ibid. Col 1346  Fine upon all Foreign Clergymen; and took of every one according as they were able to give.  
It would be too long for me to say, how far this great King, following herein the steps of his Royal Grandfather, King Edward I. proceeded to maintain his own Authority, and the Liberties of his Country, against the Papal Encroachments. I shall only add, that notwithstanding all the endeavours of the Court of Rome to the contrary, he constantly adhered to the Laws made 
An. Regni 17. 25, 27, 28, 40, etc.  against Provisors, etc. And when the Pope published his Indulgence at Rome, Anno 1349: he not only expressly forbade 
Knyghton Col. 26●●  any of his Subjects to go thither, but recalled those who were already there.  
But to return to our Convocations, 
§ 5●.  and the method observed in holding of them. When the Archbishop complained in the Parliament, of the Violation that 
Spelm. Concil. To. II. An. 1351. p. 597.  was made of the Privileges of the Church, in that Clergymen known to be such, were oftentimes forced to appear before the King's Judges; it was freely told him, that in this, nothing was done but what was absolutely necessary to the Peace of the Realm: For that the Ordinary was so negligent in punishing of them, that there would be no bounds set to their Excesses, unless the civil Magistrate took some care to restrain them. The Archbishop was sensible that this was but too true: and thereupon he went apart with his Parliamentary Clergy, and by their common Advice and Consent, set forth an order, for the more severe confining and punishing of such Offenders.  
As for the other Synods, held by this Archbishop, there being little remarkable in them, I shall not need to insist upon them.  
It was about the Year 1393, that 
§. 58. King Richard II.  the famous Statute of Proemunire was passed, and by which it was hoped, that an effectual stop would have been put to the Usurpations of the See of Rome. And indeed it has been said by some, that from this time forward, our Archbishops did leave off to summon Convocations by their own Authority, and called them only at the King's Command. But tho' I am not altogether satisfied in this 
See before Sect 53.  particular, yet that they now began to be more moderate in the Exercise of their Power, I do easily believe: And certain it is, that not only after this Act, but all along before, when things ran at the highest against the Royal Prerogative; yet still our Kings often interposed their Authority, and summoned Convocations by their own Writs, directed to the Archbishop, as they still continue to be at this day.  
And now the Preaching of Wickliff, and the Opinions by him brought in, began to be taken notice of: Insomuch, 
Spelm. Concil. To. II. ad An. 1382. p. 628. etc.  that Courtney, being Archbishop, thought it needful to hold a Synod at London, on purpose to pass a Sentence of Condemnation upon them. Whether he did this at the King's Command, or by virtue of his own Legatine Authority, I shall not inquire: But this we are assured, that the King thereupon issued out his orders for the Arresting of all such as held any Heretical Tenets; and particularly that opposed the Doctrine of the Church agreed upon in that Convocation  
And the same was the business of the Councils held by Arundel, his Successor, first at Oxford, Anno 1394; then at London, Anno 1408. And lest the orders 
Walsyngham ad an. Spelm. Concil. p. 649, 662.  of such Synods should not be sufficient to put a stop to the growth of these opinions, the Civil Power was not only allowed, but desired, to interpose with them; and an Act made for the Prosecution of Heretics, Anno 1401, 2 Hen. 4.  
But tho' by this means therefore a new subject was started, to exercise the debates of our Convocations; yet still the Pope ceased not to attempt upon the Crown with his wont Usurpations. To oppose which, Richard the 2d. called 
Walsyngham Hyp. Neustr. p. 356.  his Clergy together, Anno 1398: and demanded of them, Whether the Pope had Power to translate Bishops, and dispose of Preferments, as he had again that Year notoriously done. Instead of giving any direct answer whereunto, they cautiously replied; That it was their opinion the King should write to the Pope to desist from such Practices for the time to come. At which the King being justly offended, told them, That had they boldly asserted his Right, he would have firmly stood by them; and have protected them against the Power of the Court of Rome.  
King Richard being deposed, and King 
§. 59 K. Hen. IU.  Henry being willing to ingratiate Himself with the Clergy, scarce a year passed without a Convocation: The main business of which still was to suppress the New Opinions, and to prosecute the Maintainers of Them. But except this, there is little, from this time forth, to be observed, to our present purpose, in Them.  
But tho' I shall not therefore need to 
§. 60. K. Hen. VI  insist any farther, upon the particular View of the Convocations of these times; yet a Law there is, which must not be passed by. It was made in favour of the Clergy, by King Henry the Sixth, Anno 1430. And the substance of it is, 
See the Statute 8 H. 6. c. 1.  That the Clergy in Convocation, should be allowed for Themselves, and their Servants, all the same Protections and Privileges, which had been Granted to Members of Parliament; and, which by Virtue thereof, they still continue to Enjoy.  
I shall close up these Remarks, with 
§. 61. K. Henry VIII.  the account of one Other Convocation, and that such as is not to be paralleled, in all its circumstances, in any part of our History. King Henry the Eighth, having called a Parliament to Westminster, Anno 1529; Commanded Warham, Archbishop of Canterbury, to Summon a Convocation of the Clergy to meet, about the same time, in St. Paul's Church, London. Cardinal Woolsey, who, as Archbishop of York, had no place in the Convocation, and was desirous to bring every thing within his Own Management; by his Legatine Power dissolves the Convocation 
●ntiquit. Brit. pag. 313.  held, at the King's Command, by Warham; and Order the same Synod to Appear before himself, as the Pope's Legate, the next day, at Westminster. Where having got a sufficient Subsidy granted by Them to the King, he soon dismissed the Assembly.  
And thus have I given a brief Account, of the most considerable Assemblies of the Clergy in Convocation, during this Third Period. Many there are, which I have passed by, without making any mention at all of Them. And it may be sufficient here, in the Close of all, to say this one thing concerning Them; That, for the most part, the Great End our Kings had in Summoning of Them, was to get Money from Them; as, the main thing they did, when they met, was to consider what Measures to take, and what Excuses to urge, to avoid the Giving of it.   

IV PERIOD.  
From the 25th. of King Henry the Eighth, to Our Present Times.  
We are now come to the last Part of 
§. 62.  these Reflections; to the Time in which our Convocation was finally settled, by Parliamentary Authority, in the State in which it now stands; and under which Condition I have, in the foregoing Chapter, considered the Rights of it. I shall here only give a short account, how it came to be thus settled; and what Methods our Princes have, from thenceforth, taken, for the Management of their Ecclesiastical Affairs, and the Exercise of their Ecclesiastical Supremacy.  
King Henry the Eighth, having been a long time trifled with, by the Court of Rome, in the business of his Divorce; and being not of a Humour to bear such an Opposition, as was thereby made to his Desires; Resolved, at last, to break off all Communication with it: And, in pursuance thereof, passed an Act against Appeals to Rome, and for ending Ecclesiastical Suits within his Own Realm; Anno 1533.  
It was not long after this, that Warham dying, and Cranmer being made Archbishop of Canterbury; the business of the Divorce, which had so long been depending, was finally determined by Him. The news of which being got to Rome, the Pope not only Annulled the Archbishop's proceeding, but Commanded the King to do it likewise: And, upon his Refusal to hearken to Him, published against Him a Sentence of Excommunication, as He had before Threatened to do.  
To prevent that Breach, which this must otherwise have necessarily made between Them, the French King interposed so effectually with the Pope, (who, about this time, came as far as Marseilles to Treat with Him) that He offered new Terms of Accommodation to King Henry; and the Archbishop of Paris, thereupon, undertook to make up the difference betwixt Them.  
And now all things seemed to tend to Peace: The King was willing to accept of the Pope's Offers; and the Pope no less desirous to gain the King. The misfortune was, that the Pope confined Him to so short a time, that his Messenger could not get to Rome so soon as had been required: And the Imperial Faction wrought so powerfully upon the Pope, that he refused to enlarge it but for six days; till He might see what the King would do, before He proceeded to a final Sentence against Him.  
The Quarrel therefore now being 
§. 63.  come to a height, and the King resolved to maintain his Authority; Many Laws were passed, the next year, for the better Establishment of it. And because he was sufficiently aware, that His chiefest opposition might be likely to arise from the Clergy; He resolved to take an effectual Course with Them: And of which, it will be requisite, to give some short Account.  
I have before Observed, what severe Laws were made by Edward the Third, in his 25th, 27th, and 28th Years, against the Usurpations of the Bishop of Rome. These were confirmed by King Richard the Second, in his 12th, and 13th Years. And, because the Pope still went on, nevertheless, in his Practices; in his 16th Year, the famous Act of Praemunire was passed, against All Bulls, etc. from the Court of Rome, under Pain of Perpetual Banishment, with the forfeiture of the Lands, Tenements, Goods and Chattels of those who should either procure, or make use of Them.  
But, notwithstanding these Laws, the Pope still proceeded in his Own way, and the Clergy were always ready to assist him in it: And by these means there were but very few, of any Note, among Them; who had not, upon some account or other, incurred the Penalty before mentioned.  
Upon this Ground, therefore, the King resolved to attack Them: And They being well Aware of the danger of it, determined by any means to Avoid it. In Order whereunto, They first agree to Offer the King a Sum of Money; And, in the next place, by an Act of Convocation, to submit Themselves to Him, and Recognize his Royal Authority over Them. This was that submission, upon which the Act for Regulating the Convocation, was drawn: and in which, among Other things, these (two) Points became settled, both by Parliament, and Convocation: First; That the Clergy have no Right to meet in any Synod, without the King's Licence, testified by his Writ to the Archbishop. And, Secondly; That being Met, They cannot proceed to Act, but according to his Direction.  
Thus was the Crown, after a long Invasion 
§. 64.  upon it, Restored to those Rights it anciently enjoyed; and which our Kings, as we have seen, continued to assert, till the Papal Power, or Interest, became too strong for Them. And accordingly, ever since, the Convocation has continued to assemble, and act, according to these Measures; so that I shall not need to take any more particular View of its Proceedings.  
It is, I conceive, without all doubt, 
§. 65.  that since the passing of this Act, the Convocation has still been summoned, as often as a Parliament has been held. And as long as the Clergy, therein, continued to assist the Government, by granting of Subsidies; it has generally been allowed to sit too, as often as it was necessary for that purpose; tho' it has seldom done any thing besides.  
But altho' it has t 〈…〉 efore been the General Custom, for the Convocation to meet, whensoever the Parliament does; yet neither since the Passing of this Act, nor before, have these two been accounted to have so inseparable a Relation to one another, but that (if the King pleased) the Convocation might be held, when the Parliament was not: And the Parliament sit, and act, and yet the Convocation do neither. An instance of the former of these, we have within, about four years after the Passing of the Convocation-Act. The Archbishop, by Order of the Vicar-General, called a Convocation 
Aurnet's Hist. Ref. Vol. I. pag. ●45.  Anno 1537. And the Clergy accordingly, both Met, and Did business, tho' no Parliament was held that Year. As for the latter, it is a matter of daily practice, and has been so ever since the Reformation.  
It is certain than that the Convocation, as we now understand it; that is to say, as it is an Assembly of the Clergy, called by the King's Writ, directed to the Archbishops, and, by their Order, Grounded thereupon; is an Assembly altogether different from the Parliament of this Realm; and evidently no Member of it. The only Question is, What we are to think of it, when it meets together with the Parliament; and has a pretention to its Assembling, as well by the Bishop's Parliamentary Summons, as by the Archbishop's Orders.  
When Mr. Philpot was examined before 
§. 66. Fox: Martyrol. Vol. III. in his VIth. Examinat.  the Lords of the Council, Novemb. the 6th. Anno 1555: concerning the Heresy of which he was Accused; One part of His Plea, for himself, was, That they took advantage of certain things that had been spoken by him in Convocation; And that for this He ought not to be called to account; Because that House being a Member of the Parliament, aught to be a place of free speech for All Men of the House, by the ancient and laudable Custom of this Realm. And indeed, so firmly was this Notion settled in the Minds of the Clergy, in those days, that in the Convocation held the first year of Edw. the Sixth, a Motion was made; That it should be desired, in the Name of the Lower House of Convocation, that their House might be United to the House of Commons.  
But the Lords, Rich and Windsor, told Mr. Philpot, That the Convocation was No Part of the Parliament, tho' by an Old Custom, it was called together by One Writ of Summons, with the Parliament.  
To their Opinion, Mr. Philpot submitmitted; nor shall I pretend to enter any Plea against it. Thus much is plain, That the Convocation was once accounted, in this Respect, a Member of the Parliament: And the Reason why it was accounted so, was; Because, by this Writ of Summons, the lower Clergy were Called, no less than the Bishops themselves, to it. Now thus they continue to be summoned still. The Writ is the same it ever was: Is as constantly Issued out, and as expressly Worded; as when they were, from thence, confessed to be a part of the Parliament. And therefore the Reason of the thing being the same, one would think it should still infer the same Conclusion. But Logic is one thing; and Law is another: And all this notwithstanding, the Clergy is now, no Member of the Parliament. Nor is there any Reason why it should be: For now, there being so many learned 
IV Institute: p. 5.  Bishops there (I suppose heretofore there were no Bishops there) their Presence, is no longer holden necessary. So my Lord Coke has learnedly determined this matter. Which makes me the more wonder, that the Presence of the Inferior Clergy being no longer holden necessary, it should nevertheless be holden necessary to continue their Summons; and not rather be thought adviseable to Reduce the Bishop's Writ to its first Form, when the Proctors 
See the Appendix.  of the Clergy not coming, neither were they summoned to Parliament.  
Such than is the Case of our Present 
§. 67.  Convocation: But now, besides these Provincial Synods, there is another sort of more select Conventions, if not first introduced, yet more especially made use of, in this last Period: And they consist of such Certain Bishops, and Clergymen, as the King thinks sit to Choose, and by his Commission to Authorise, to meet together, at such time, and in such place as he therein prescribes to them. To these he proposes, whatsoever it be, that he would have them to consult about; and having so done, they are to lay the Result of their Opinions, according to his Direction, before Him.  
That by such Synods as these, the Reformation 
See the Appendix.  was especially carried on, is not to be denied. They have often determined the greatest Matters: And, upon their Advice, the Government has accordingly proceeded, without ever consulting any larger Convocation concerning them. But this was in some measure owing to the Necessities of those times, in which a great part of the Clergy were yet engaged in the Romish Errors; Enemies to the Reformation, and therefore not qualified to promote so good a Work. At present their business is chiefly this; Either to Advise the King in such Matters, as He does not think it necessary to trouble the Convocation to meet about: Or else, in Matters of a greater Moment, to prepare what may be sit for the King to lay before the Convocation; that since they must not debate on any thing without his leave, He may thereby be the better enabled to Propose what is Expedient to Them.  
So that now then, if we would know, 
§. 68  after what manner Ecclesiastical Affairs have been transacted, since the time of the Reformation; we shall find it to have been, by some or other, of these Five following Ways.  
1. Sometimes the King has, by his Own Authority, set forth such Orders, as He has thought fit should be Observed by the Clergy of the Realm; and directed them to his Archbishops, and Bishops, for that End. Such was the Letter of his Present Majesty to the Bishop of London, (as to matters of practice) of Febr. 13. 1689/90: to be communicated to the two Provinces of Canterbury and York. And such were his Injunctions (with respect to matters of Faith) by which He lately determined, with what sobriety They should Write, and Preach, concerning the Doctrine of the Trinity: To reduce some of our late Controvertists, to the ancient Modes of speaking; and not suffer them to affect new Terms, to the hazard of the ancient Faith; and to the scandal of many of the same profession with Themselves.  
2. Another Method of determining Ecclesiastical Matters, has been, by the Authority of the King and Parliament, without the help of any Other Ecclesiastical deliberation, than what the Archbishops, and Bishops, in the Upper House, have given to them. Many are the Acts of this Nature which have passed, I do not say since the Reformation, but even within our Own Memories. Such were, (for example) The Acts against Conventicles, in the 16th, and 22d of King Charles the Second. The two Test-Acts; in His 25th and 30th Years: In a word; The Act of Toleration, in the first of his Present Majesty; not to mention any Others of an Elder date.  
3dly. A third way, now made use of, in transacting Ecclesiastical Matters, is, to do it by such Select Committees, as those I before mentioned. When the King, having first appointed a certain Number of Bishops and Clergymen, to consider what may be fit to be Ordered in such Cases, as He thinks fit to Refer to Them; afterwards sets forth, by his Royal Authority, what has, by their Advice, been Recommended to Him. After this manner was the Reformation, in great measure, carried on; and the most important Affairs of the Church dispatched: As by the short Collection, Here referred 
See the Appendix: Num. VII.  to, may more fully be discerned.  
4thly. A fourth Way there is, which our Princes have often taken, in these Cases; and that is, to Refer not to a Particular Committee, but to their Two Convocations, what they would have done: And having seen, and approved their Conclusions, to give their Royal Assent, and Authority, thereunto. Upon this foundation stand our Book of Canons, drawn up by the Convocation of 1603, and Ratified, and Confirmed, by King James the First: And after the same manner were those drawn up, which gave so much Offence in our late times; and were Authorized by King Charles the First: Anno 1640.  
But, above all; as the most solemn, so the most undoubtedly authoritative way, of transacting such Matters as these, is,  
5thly. When the King designing any Constitution of a more than ordinary Concern to the Church, or Realm; does, for the more prudent Establishment of it, first, by a select Committee, prepare what he thinks needful to propose to the Convocation concerning it; Then has it Examined, and Concluded there: And having Reviewed it with his Privy Council, and his learned Council in the Law; finally refers it to his Two Houses of Parliament: Where being also consented to, and approved of, He finally himself subscribes to it, and makes it a part of the Statute-Law of the Realm. Thus has our Common-Prayer, from time to time, been settled: Our Episcopal Government, and Ordinals, been Confirmed; and, finally, our Nine and Thirty Articles been Established.  
But as the choice of these several Methods 
§. 69.  of carrying on such Affairs, Requires much Prudence in the determination; so has our Law entirely submitted it to the Prince's Authority. And we ought not to doubt, but that He will Act in these Matters, with all that Care, and Advice, which both the Nature of the things themselves requires, and the Influence which they commonly have on Civil Affairs, oblige Him to do.  
'Tis true, the Affection which some Men have for their Own Ways, may 
§. 70.  prompt them to think that worthy the meeting of a Convocation, which the King may be persuaded his Own Injunctions, are abundantly sufficient to provide for. But as All Men must allow, that it would not only be grievous, but foolish, to assemble a Synod, for the doing of that, which may as effectually be done without it; so all Reasonable Men must think it very just, and equitable, that his Majesty should be left to that liberty, which both the Law has entrusted him with, and his own Reason (were there nothing else) vindicates to him; I mean, of considering what He thinks, in such Cases, to be most sitting to be done, and to act accordingly. If by this means he should chance to be mistaken in his Choice, 'tis a Humane Infirmity; and what Good Men will Easily make an Allowance for, in a station where so much is to be done, and it is so difficult, oftentimes, to judge what is best. And let the positive, censorious part of the World, if for nothing else, yet, at least, for their Own sakes, consider this; That a Kingdom is a large Place; and that 'tis not impossible, but that among such Numbers of Men, as there are in it, some may be as firmly persuaded the Prince is in the Right, as they can presume that He is in the Wrong.    

CHAP. V.  
The Opinion advanced in the late Letter to a Convocation-Man, Stated: And the Arguments Examined, by which the Author of it pretends to prove, 1. That the Convocation has a Right to Meet, whenever the Parliament does: And, 2. That being met, it Has also a Right to Act, without any Licence from the King, to Empower it so to do.  
HAving now very fully, and, I think, 
§. 1.  very clearly Established, the undoubted Right of our Kings, in the matter before us; I proceed, according to my Method, at first, laid down;  
III dly. To Examine, What the Author of the late Letter to a Convocation-Man, has Offered, to Overthrow the Conclusions, before Established; and to Consider, What may fairly be Replied to his Pretences.  
In pursuance whereof, that I may be sure not to fix any Opinions upon Him, which He has not really Advanced; I will, in the first place, draw up the Points in Controversy between us, in his Own Words; and so go on to consider, what Arguments he has brought to make good his Assertions, and to justify that unusual Confidence, with which he has delivered them.  
Our Author then, having first briefly 
§. 2.  Insinuated, against all such as pretend to Any Religion among Us; that they ought to allow the Church an Inherent, 
Letter: pag. 20.  Unalterable Right, to the Exercise of its Ecclesiastical Power; That is to say, To apply the Law of God to particular 
Letter: p. 19  Cases; to Explain the Doubts that may arise concerning it; and to deduce Consequences from it, in things not explicitly determined already by that Law; And this, not by Way of Doctrine, or Exhortation, but in a judicial, authoritative Manner; by making of Canons, and Articles; and by enforcing Submission, and Obedience to its determinations: Proceeds, 
Letter: 〈◊〉  in the next place, for their sakes, who have No Religion at the bottom, nor any 
Ib. p. 〈◊〉.  Notion of a Church, however for their Worldly Interest, they may pretend to this, or that Party, by joining Themselves to its Communion; to show, What the Law of their Country says in this Case; That so they may be for ever silenced in this Question; and not dare to mutter any more, after what this New Pythagoras shall have declared to Them.  
And having thus engaged our attention, he proceeds Oraculously to pronounce: KNOW therefore, says He, that a Convocation is an Ecclesiastical Court, or 
Letter: p. 21.  Assembly, Essential to our Constitution; and Established by the Law of it. It is the Highest of all Our Ecclesiastical Courts, 
Ib. p. 29.  or Assemblies: Is called, and convened, in Parliament- time, by the King's Writ, directed to the Archbishops. It consists of all the Clergy of both Provinces, either Personally, or Representatively present. In the Upper House, are the Archbishops, and Bishops: In the Lower House, or House of Commons spiritual, are the Deans, Arch-deacons, One Proctor for Every Chapter, and Two for the Clergy of Each Diocese. This is the Court.  
The frequent sitting of this Court, is 
Letter: p. 23.  One of the Chief Rights of the Church of England.— The Church of England is a National Church; and to such it is certainly 
Ib. p. 60.  incident to have National Synods, or Convocations. And in like manner to those Synods, to have freedom of Speech, or Debate, about Matters proper for their Cognizance; relating to the Being, or Wellbeing of their Body, as a Church.— And if the Church of England have any Rights, 
Ib. p. 62.  or Privileges; this of Assembling, Debating, and Conferring, is certainly One, and the Chief of Them.  
'Tis true, a Convocation cannot Assemble 
Letter: p. 30.  without the Assent of the King. His Writ is necessary in Order to it.— And his Prerogative does Empower him, to Prohibit 
Ib. p. 45.  the Clergy Assembling in Synod, without his Summons.— But than it is as 
Ib. pag. 21, 27.  true too, that the Assembling of Them is not entirely dependant on His Will;— nor lodged purely in the Breast of the Sovereign. But it is with the Convocation, as it is with the Parliament; The King 
Letter: p. 33, 34.  is entrusted with the Formal part of Summoning and Convening it; but so, that by the very Essence and Constitution of our Church, a Convocation ought, at certain times, to Meet, Sat, and Act; and the Fundamentals of our Government show Him, When, and How his Power (in this Respect) is to be Exercised; and that it ought not to be at his free Will and Pleasure.  
To Grant therefore, that the King's Writ is necessary to the Assembling of the Convocation: The Question is, Whether 
Letter: p. 30.  that Writ ought not to Issue, whensoever a Summons goes out for a Parliament? And to this we say, That the Law of the Realm 
Ib. p. 35, 38.  hath directed the King, or at least His Chancellor, Keeper, or Other Minister, having the Custody of the Great Seal; to Issue forth such Writs; and they can no more be Omitted, than any Single Peer's Summons to Parliament.  
Thus far our Way is plain, and clear: 
Letter: p. 40.  But supposing all this, the Question still is, Whether or no the Convocation may confer, after their Summons, and Meeting, without the King ' s Special Licence and Assent▪ In answer to which, I must acknowledge, that the Common, Received Opinion, is in the Negative: However if what has been offered already, with regard to their Convening, have any weight in it; it must hold also, in some degree, with respect to their Conferring, and Treating, when met, about Matters proper to their Cognizance.  
If they are a Court, and have their Jurisdiction; and are a Legislature, and have the Power of making Ecclesiastical Laws (both which they certainly are, and have;) then the liberty of Conferring, and Discussing, is necessary to their very Existence, etc.  
This is the Sum of what this Author 
§. 3.  has asserted, as to the point in Question; and, for the most part, is expressed in his Own Words. Let us now see, Wherein we differ from One another; And reduce the matter in debate between Us, to as narrow a Compass, as we can.  
And, 1st. Tho' I will not enter upon a New Subject, yet I must needs say, I am by no means satisfied, that the Church has either Command, or Authority from God, to assemble Synods; or, by Consequence, any inherent, and unalterable Right, to make any such authoritative Definitions, as He supposes, in Them. I am not Aware, that either in the Old, or New Testament, there is so much as One single direction given for its so doing. And, excepting the singular Instance which we have Acts XVth, I know of no Example, that can, with any show of Reason, be offered, of such a Meeting: And whether that were such a Synod, as we are now speaking of, may very justly be doubted. The foundation of Synods, in the Church, is (in my Apprehension) the same, as of Councils in the State. The necessities of the Church, when it began to be enlarged, first brought in the One; as Those of the Commonwealth, did the Other. And therefore, when Men are Incorporated into Societies, as well for the service of God, and the salvation of their Souls, as for their Civil peace, and security; these Assemblies are to be as much subject to the Laws of the Society, and to be regulated by Them, as any Other public Assemblies, of what kind soever, are. Nor has the Church any Inherent, divine Right, to set it at liberty, from being Concluded by such Rules, as the Governing part of every Society shall prescribe to it, as to this Matter.  
This is my Notion of these things; and thus, I conceive, Synods are to be managed in Christian States. As for those Realms in which the Civil Power is of another Persuasion; natural Reason will prompt the Members of every Church, to consult together, the best they can, how to manage the affairs of it; and to Agree upon such Rules, and Methods, as shall seem most proper, to preserve the Peace and Unity of the Church; and to give the least offence, that may be, to the Government under which they live. And what Rules are by the Common-consent of Every such Church agreed to; aught to be the measure for the assembling, and acting of Synods, in such a Country. Whether this notion will please this Author, or no, I cannot tell: If it does not, I hope he will show me wherein my Error lies, and how I may correct it. In the mean time, this security I have, that, if I am mistaken, I err with Men of as great a Judgement, and as comprehensive a Knowledge in these Matters, as Any can be who differ from Me.  
But to come to that which I am now 
§. 4.  more properly to examine: That the two Convocations, considered as a National Synod, are the Highest Ecclesiastical Assembly of this Kingdom, I readily Agree: Nor shall I deny, but that a Convocation may be said to be Essential to our Constitution. But that the frequent sitting of Convocations, as understood by this Author, and meant of their sitting as often as the Parliament meets; is therefore One of the chief Rights of the Church, or, indeed, any of its Rights at all, unless by Accident, I utterly deny. When the Exigencies of the Church call for a Convocation, and there is a manifest need of its Assembling; then, I do confess, the Church has a right to its sitting. And if its Circumstances be such, as to Require their frequent sitting; during those Circumstances, it has a Right to their frequent meeting, and sitting. And, if the Prince be sensible of this, and yet will not suffer his Clergy to come together; in that Case, I do acknowledge, that he would abuse the trust that is lodged in him; and deny the Church a benefit, which, of right, it ought to enjoy. But as, in a Well-established Church, it can hardly be supposed that there should be such a frequent need of Convocations; so to Oblige the Clergy frequently to come together, when there is no manner of Reason for their so doing; would be, in truth, to injure the Church, and oppress its Ministers: Inas much as it would require them to leave their Cures, and be at the trouble, and charge, of attending the Convocation, without doing any manner of Good, either to the Church, or Realm, by such their meeting.  
And therefore, to settle this first Point; the sum of it is this: That the Church has a Right to have its Convocation called, as often as the Parliament is Assembled, I agree: That the Convocation, thus called, has a Right to sit, and act; whenever the Circumstances of the Church, require it so to do, I allow also. But that the Convocation ought of Right, not only to be summoned, but to meet, and do business, as often as the Parliament sits; whether there be any need for such its meeting, or no, This I utterly deny: And I am persuaded it would be a Burden to the Clergy, rather than a Privilege, to oblige them to such an Attendance.  
This, then, is the first Thing wherein we differ; viz. That He affirms, that the Convocation ought, of Right, not only to be summoned, whenever the Parliament meets, but Regularly, and of Course, to sit, and act too; tho' there should not be any the least Occasion for its so doing.  
The next Question is, Whether, being 
§. 5.  met, they may proceed to any Synodical Acts, without the King's special Licence, first had, to Authorise them so to do?  
And here our Author tells us, That if 
Letter: p. 40.  the Convocation be a Court, and have a certain Jurisdiction belonging to it: Or if it be a Legislature, and have the Power of making Ecclesiastical Laws, as it certainly both is, and has; then the liberty of Conferring, and Discussing, is necessary to its very Existence. Which last Expression, tho' it be hard to make any good sense of; yet I readily Agree to what I take to be his meaning in it. For certainly Justice will be but lamely executed, and Laws be very unaccountably made; if those who are to judge, and determine, have not the liberty of conferring, and discussing Matters, in Order thereunto.  
But tho', when the Convocation therefore is to judge, or make Laws, They must, undoubtedly, be allowed to Confer, and Discuss; yet may not the Clergy be restrained, by certain Limitations, from either judging, or making Laws, except when the Government shall think fit to permit them so to do? And if former Abuses have made it necessary for the Government, to put them under such a Restriction; and the Clergy have, themselves, consented to it; and thought that, (all things considered,) it would be safer for them to Act by the King's direction, that at the Motion of every Warm, Unthinking Member of their Own Body; who should throw a snare in their way, and run them into such Inconveniences, as they should not be able easily to get out of; As, in such a Case, they would have no liberty to judge, or make Laws, without Licence; so, neither would they have any need to confer, or discuss, where They had no power to conclude any thing.  
Now this I affirm to be Our Case; and, I must freely own, I take it to be our Happiness that it is so. It being more than probable, that had not the Prince had this Tie upon Us; we should, before this time, have run ourselves into yet worse divisions than we now labour under; and, in all appearance, have exposed both Ourselves, and the Church, for a prey, to the Common Enemy of Both.  
So that now then, to state this Other point aright, The Question between us, is this: Whether the Laws, and Customs, of this Realm, have not Restrained the Clergy from entering on any Synodical Debates, in Order to the making of any Canons, or Constitutions, without the special Licence of the King, first had, to Warrant them so to do?  
That the King ought never to require the Convocation to meet, (more than out of form, in Parliament-time;) but when He has some Business for it to do, is on all hands agreed. That when they do meet, They ought to have: Commission sent to them, to empower them to go to work, and not sit idly gazing at one another, is also allowed. That, lastly, upon those Points, which they are empowered to handle, they ought to have a full liberty of Conferring, Discussing, and Arguing; That they ought to be left to speak with all Reasonable Freedom, and not be either checked in the House, or called to any Account out of it, for any thing that was said in pursuance of these Ends; is readily granted. The only difficulty is, Whether the Convocation being Met, the Clergy ought not to Confine their Debates to the subject which the King proposes to them; and not wander upon any other Matters, which shall chance to be started, by any of their own Members, and proceed to determine Synodically concerning Them?  
Having thus reduced the subject, in debate, to its proper bounds; I shall now 
§. 6.  proceed, with all due exactness, to put together the Arguments which He has brought, in proof of those Points, wherein we differ; and to consider what may be reasonably Replied to Them.  
And, 1st. That the Convocation has a Right, not only to be formally summoned, but to sit, and act too, as often as the Parliament meets; He endeavours to prove by these following Arguments.  
(1st.) From the Parallel, which there 
§. 7.  seems to be, between the Parliament, and the Convocation. Each consists of 
Letter: p. 30.  two Houses, and these have (or should have) their several Prolocutors. The One of these Courts is of the same Power, and Use, with Regard to the Church, that the Other is in Respect of the State. Nay, tho' they have different Names, and the Word Parliament be appropriated to signify a Temporal Legislature; yet anciently the same Appellation belonged to them both. A Witena-Gemote, signified what We call a Parliament; and, a Church Gemote, what We call a Convocation. And therefore, One would think, that whenever the Convocation is called, They 
Ib. p. 44.  should not only meet Formally, but sit, and act, as the Parliament do; that there should be a Session of Convocation, as well as a Session of Parliament.—  
Now not to be too curious in examining the Parallel, here offered, betwixt these two; and which were it as exact, as, I am confident, it is not; would yet no more prove their Privileges to be Equal, than the Likeness of two Corporations, in having a Mayor, aldermans, and Common-Council, would prove, that therefore, in despite of their several Charters, they must have all the same Privileges also.  
1st. I am not satisfied, that the Convocation is of the same Power, with Regard to the Church; that the Parliament is, in Respect of the State: Because I am told, by very good Lawyers, that the Convocation, in making Ecclesiastical Constitutions, must proceed by certain Rules; and cannot, even with the King's consent, conclude any thing contrary to the Laws, 
25 H. 8. c. 19  or Statutes, or Customs of the Realm. But now the Parliament is not subject to any such limitations: Its Power is Arbitrary, and uncontrollable. And, being joined with the Royal Authority, can enact what it will, for the public Good; any Law, Statute, or Custom, to the contrary, in any wise notwithstanding.  
2. As for the Word Parliament, I shall not much contend with him about it. It is well known, that it was a name brought in by the Normans, and but late Received among Us, to denote those Meetings of State, which were anciently called mycel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Colloquium, Concilium, Synodus, and the like. It is more extraordinary, which He tells us, that as Wittenagemote was wont to signify what we call a Parliament; so Church-Gemote denoted what we call a Convocation: And for which, I am confident, He will be hard put to it, 
Instit. IU. pag. 322. Godolph. Abr. chap XLI. § 4  to bring us any Author elder than Sir Edw. Coke; from whom, as poor Godolphin first, so has he now taken it, at all Adventures. Tho', were this true, the Observation would amount, in plain English, to no more than this; That as a Parliament was anciently called an Assembly of the Wisemen, so was a Convocation called an Assembly of Churchmen: And of which, if He can make any Use, I shall not envy him the Honour of so weighty, and critical, a Remark.  
Were it needful, in Return to these little Remarks, to mention the several Differences that might be assigned between these two Assemblies; I might easily enlarge them into many more particulars, and of much greater Importance, than Those which He has alleged. To say nothing of the Convocations, being multiplied according to the number of the Provinces into which the Church is divided; and representing the Clergy, not of the whole Church, but only of One part of it; whereas the Parliament is an Assembly for the whole Realm: The manner of Consulting, Resolving, and Acting, is very different, in the One, and in the Other. The Authority of the Archbishop, is much other in the Convocation, than the Lordkeepers is in the Parliament. But especially, the Power of the Parliament in making Laws, free and unbounded; whereas the Convocation is, by Authority of Parliament, determined both in its Principle, and Power, of Acting: And can neither Debate effectually, nor Resolve, to any purpose, of any thing, but what is Agreeable to the Laws of the Realm; and, is no wise prejudicial to the Civil interests of any.  
But, to allow of the supposed Parallel, between the Parliament, and Convocation; What will this Gentleman infer from it? Not, I hope, that the One should therefore ●it, and act, whenever the Other does. A Father, for example, has two Sons: They are both his Children; both of the same Sex; both Equally Related to Him; perhaps, and both Equally Beloved by Him. But will this Author from thence conclude, That they have an Equal Right to his Estate, and ought Equally to succeed in it? This would be a very Agreeable conclusion, to many, I make no doubt; but, I am afraid, will hardly be allowed, by the Elder Brothers, to be a Just One. 'Tis true, a Father, in this Case, may possibly have left them Portions alike; and have made them as equal in their Fortunes, as they were in their Relation to him. And so, perhaps, Our Constitution may have made the Parliament, and the Convocation. But whether the Father has done this, must be proved from the settlement of his Estate; and not from any supposed Equality of Right in his Sons to his Affection. And whether Our Constitution has given these Assemblies an Equal right, to meet, ●it, and act; must be determined by the Laws, and Customs of the Realm, and not be collected from imaginary Parallels, and wild Inferences; which have neither any Law, and but very little Sense in Them.  
3. As for those State Maxims, which he 
§. 8.  has finally added to support this Argument; it will then be proper to give a Reply to them, when this Author shall have shown us that there is any thing in them to be Replied to. In the mean time I must observe, that whether we consider the Nature, or End, of the Parliament; the Necessities of the Civil Affairs; or the Interest which Both the Prince, and People, may have, in the Assembling of it; there must, in all probability, be always a much greater need of Frequent Parliaments, for the benefit of the State; than of Frequent Convocations, for the Welfare of the Church.  
When a National Church is once thoroughly Established, and neither needs any farther Laws to be made for the enforcing of its Discipline; or any new Confessions to be framed, for the security of its Doctrine: When its Liturgy, and other Offices, are fixed, and stated; and there is so far from being any need of altering, or improving any of these, that it is thought a Crime but even to suppose that it is possible to improve them; or to make any Alterations, but for the Worse, in them: I cannot imagine, until something arises to unsettle such a Constitution, what a Convocation could have to meet about.  
But this is not the Case of the Civil State; which is, God knows, subject to many more changes than the Ecclesiastical; and will oftener want to have public Remedies applied, for the redress, or prevention, of its public Evils. Perhaps a Prince arises who affects an Arbitrary sway; and his Ministers join in the same designs with him; and nothing less than the Authority of a Parliament, can put a stop to their Attempts. This therefore may make it necessary, in times of Peace, and Quietness, for the Parliament to meet at certain times, to prevent such attempts; and to keep every Member, of the Constitution, within its due bounds: And such was the Case of the last Reign.  
It may be the Commonwealth is assaulted by its Enemies from abroad; and those Enemies are countenanced by a factious, discontented Party at home; and it is necessary for the Parliament to meet, and to raise Supplies, for the Defence of the Realm, against the One; and to make some new Laws for the suppression, or discovery, of the Others: And this has been the Case of the present Government.  
But now what Effect have all these Civil Exigencies had upon the Affairs of the Church: Unless it be, that an Act of Toleration has been made, which our Author professes He envies not to the Dissenters; or, if He did, I hope He would not have the Convocation pretend to Repeal it. In short, all he can allege are certain disorders, which either there is a sufficient provision already made against; Or, if there be not, I doubt the Convocation will hardly be able to do any thing farther, for the more effectual Redress of Them.  
But however, this I shall have Occasion more particularly to consider, when I come to examine, what He has said, to prove the necessity, which He pretends, there is, for the sitting of a Convocation. And I must not anticipate here, what will more properly, as well as more fully, be handled there. So little is there, in his first Argument, which he has brought to prove, that the Convocation has a Right to sit, as often as the Parliament meets; and has been unwarrantably denied, by the Government, 
〈◊〉 〈◊〉  so to do. Let us see, whether his next proof be any better.  
Now that (2dly) is no less than an Act 
§. 9 〈…〉.  of Parliament, 8 Hen. VI ch. 1. The substance of which Statute is this: That the Clergy, who are called, by the King's Writ, to Convocation, shall fully Use, and Enjoy, such Liberty, and Defence, in Coming, Tarrying, and Returning, as the Great Men, and Commonalty of England, called, or to be called, to the King's Parliament, do Enjoy, and were wont to Enjoy, or in time to come, aught to Enjoy.  
Well, be this so: But is there any thing in this Statute which says, that the Clergy shall come to the Convocation, when ever the Great Men, and Commonalty of England, do to the Parliament? That is not pretended. But what is there then in this Act, to the purpose of our present Enquiry? Why, in the Preamble to it, 'tis said, that The Clergy Coming to Convocation, were oftentimes, and commonly, molested: From whence our Author, admirably concludes, That, therefore, they did oftentimes, and commonly, in those days, meet in Convocations.  
That this can reasonably be inferred from those words, I am, by no means, satisfied; which only signify, that when the Clergy went to Convocation, they were very often molested, by Arrests, etc. but does not at all imply, that the Convocation used often to meet. However, let this be Granted: In Henry the Sixth's time the Convocation often met, therefore it met whenever the Parliament sat. How does that appear? Nay, but we must go farther; Therefore, of right, it ought to meet now, whenever the Parliament does? Nay, but this will not yet do: Therefore, it ought not only formally to meet, but to sit, and act too, as often as the Parliament assembles. This, our Author must mean, or He alleges this act to no purpose: And he who can draw this Consequence, from that Act, must be a mighty Man of Reason indeed; and too unequal a Match, for Men of ordinary Skill in Logic to deal with.  
And yet, after all, this I confess is true: The Convocation, in those days, did sit, and act too, for the most part, as often as the Parliament met. For the Clergy, in those days, assessed Themselves; and without their sitting, either as a Member of the Parliament, (which heretofore they were;) Or in a Provincial Synod, which commonly met with the Parliament; the King could have no supply from the Church. But as for Ecclesiastical business, for aught I can find, they did as little with their Often-meeting then, as they do with their Seldom-meeting now. And were this the Case of the Convocation still; were the business of its assembling, principally, if not only, to give Money to the Government; I believe, instead of this Vindication of its Right to ●it, we should rather have seen a Complaint against the charge and trouble of it: At least, I am pretty confident, neither this Gentleman, nor his Convocation-Friend, would have been much concerned for their Meeting; or have been at all scandalized at those unwarrantable Adjournmen's, they have now so tender a sense of.  
But (3dly) The Convecation, says this Author, is an Ecclesiastical Court. To it 
§. 10. Letter: p. 36.  belongs the punishment of Heresies: And, in ancient times, it was frequently, and of necessity, used for that End; for without it there could be no punishment of Heresy. Since the 25th of Hen VIII. this is, in good measure, again the Case: And, it cannot reasonably be supposed to be in the King's absolute Will, whether it shall exercise this Jurisdiction, or not.  
This is his next Argument; and should we entirely allow of it, it would only prove that the King ought to permit Them to meet, and act, whenever any Heretics were to be convicted by Them: But would by no means show, either that they have a right, even in such a Case, to meet, without the King's leave; Or that the King ought, of Right, to let them sit, when there is no such need of it.  
But indeed, if my Lord Coke be in the 
3 Instit. 8. chap. V. pag. 39  right, there is a manifest mistake in the very foundation of this Argument. For the Bishop of the Diocese had always Power to convict of Heresy; and to proceed, by Ecclesiastical Censures, against Heretics. All that he was defective in, was, that He had no power to Imprison; and, for want of that, could not proceed, oftentimes, to any purpose against them. This Power, therefore, was given to the Bishop by the 2d of Hen. IU. And tho' now the Civil Penalty, that was wont to be inflicted upon Heretics, be taken away; yet has it been resolved, that the Bishop may still proceed 
Coke, ib.  by Ecclesiastical Censures against Them. Whether this be so or not, I shall leave it to this Gentleman to inquire; who, possibly, may be better acquainted with such matters than I am: But, if it be, then 'tis manifest there can be no need of the Convocations meeting to do that, which may be as well done by the Bishops without it.  
And these are only some lesser Arguments 
§. 11.  with which our Author designed to skirmish, before we came to his main battle. But now we are to begin to look to ourselves: For (4thly) His next Proof is taken from no less a Topick than the Parliamentary-Writ; and, in his Own Opinion, ●s an Argument of Invincible Strength, to Establish 
Letter. p. 38.  the Necessity of Convocations meeting, as often as Parliaments.  
In answer whereunto, I do readily agree, that when the Proemonition to the Bishop, to Summon his Clergy to Parliament, was first put into that Writ; the Clergy thereby summoned, had as much right to meet, by Virtue of it, as the Bishop himself had. And it is accordingly, by Our best Antiquaries, acknowledged; that, in Ancient times, the Inferior Clergy, were a Member of the Great Council of the Nation, as well as the Bishops and Abbots. But then this is a Convocation that, for many years past, has had no Existence. And the Convocation, of which we are now disputing, is quite another thing: Is summoned by another kind of Writ; and consisted of another sort of 
Append. Numb. TWO, III.  Persons; As by comparing the ancient Writs of both, may evidently be discerned. So that this invincible Argument, has one terrible defect in it; that, whether it could otherwise be answered or not, yet 'tis evidently nothing at all to the purpose.  
But here, our Author objects against himself: That, once upon a time, the Archbishop 
§. 12.  called a Synod by his Own Authority, 
Letter: p. 38.  without the King's Licence; and was thereupon prohibited by Fitz-herbert, Lord Chief Justice; but the Archbishop regarded not his Prohibition.  
What this is to his purpose, I cannot tell; nor do I see wherefore he brought it in, unless it were to blame Rolls for quoting 
Lett. ib.  Speed for it. And therefore, in behalf of Both, I shall take the liberty to say thus much, That I know not what harm it is for a Man in his Own private Collections, (for 
See Sir M. Hale's Pres.  such Rolls' Abridgement was, tho' afterwards thought worthy of a public View:) to note a memorable passage of History, and make a Remark of his Own upon it; Out of one of the most faithful, and judicious, of all our Modern Historians.  
I have before taken notice of this passage, and that not from Speed, but from Roger Hoveden, from whom, I suppose, Speed may also have taken the Relation. I shall therefore only beg leave to set this Gentleman (to whom all our Historians are, I doubt, equally unknown) right, in two particulars; by telling him, that neither was Fitz-herbert the Man who prohibited 
Hoved. lo● 457. b.  the Archbishop, nor was he Chief Justice, when he did it. His Name was Geoffrey Fitz-Peter: He was Earl of Essex, and a very Eminent Man in those days: And his Place was much greater than this Author represents it; even Lord Justice of England; 
Mat. Paris. pag. 193.  which he was first made by King Richard, Anno 1198. And held, in the King's absence, to his death, Anno 1213: In which 
Ib. p. 243.  year K. John, going over into France, constituted Peter, Bishop of Winchester, Lord 
Pat. 15. Joh. m. 3, 4.  Justice in his Place.  
And now we are come to a low Ebb indeed; the description of the Convocation, 
§. 13. Letter: p. 39  as it stands in our Law-Dictionaries; and that too, like all the rest, nothing to the purpose. The Convocation is, by them, described to be a meeting of the Clergy in Parliament-time: And some there were in the Long Parliament of 1641, who thought it could not lawfully be held, but while the Parliament sat. Well, what follows? Why, therefore the Convocation has a Right to sit, and act, as often as the Parliament meets. For a close Reasoner, let this Author alone. In the mean time, I have before shown, that tho' the Convocation be Summoned 
Appendix, numb. VI  together with the Parliament, yet it may sit, when the Parliament does not: And we are like to have a hopeful time of it, to answer such proofs; where there is neither Law in the Antecedent, nor Reason in the Consequence.  
These than are the Arguments which this 
§. 14.  Author has offered to establish his first assertion; namely, That the Convocation has a Right to sit, and act; not only upon all such Occasions, as the Necessities of the Church, or Realm, require it should; but generally, and without regard to any thing there is for them to do, as often as the Parliament is Assembled. I proceed,  
TWO dly. To consider, What he has alleged for his Other Position; Viz. That, being met, they have no need of any Licence from the King to empower them to act: but may confer, debate, and make Canons, and do any other Synodical business, which they think fit, by their Own Authority: And that either no Commission at all is needful, to enable them to do this; or that if there be, it ought of Course, to be granted to Them.  
In order whereunto, I must, in the first place, observe, that those who affirm that the King's Licence is necessary to warrant the Convocation to act, do not sound their Opinion either upon the Power he has to 
Letter: p. 41, 42.  assemble it; or upon the Form of the Writ, by which he Summons Them: tho' that does plainly seem to imply, that some such Commission is to be expected from him. 
See the Commission of King Charles I Append. Numb. V.  But either, first, in General; Upon that supreme Authority, which Every Christian Prince, as such, has, in Ecclesiastical Matters; And by virtue whereof, whenever they have admitted their Clergy to meet in Synods, they have still prescribed to them the Rules, by which they were to proceed in Them: Or else, 2dly, In Particular; Upon the Statute of the 25 Hen. VIII. which has expressly declared this Power to belong to the King; and forbidden the Clergy to presume to act, Otherwise, than in subordination thereunto.  
But against this our Author excepts: For (first) Is the Case be so; Then is the 
v. 15. Letter: p. 40.  Convocation an Assembly to little or no purpose whatsoever.— If their Tongues be entirely 
Ib. p. 41.  at the King's Will, 'tis improper to give their Resolutions any Title, but the King's Rules, and Ordinances. They are to all intents and purposes His, upon whose Will not only their Meeting, but their very Debating depends.  
In answer whereunto, I reply, First: That either there is really no Inconvenience in all this; Or if there be, it follows not from what I am now asserting. For certain it is, that this was the Case of the 
See before ch. II. §. 23, 25.  most General, and famous Councils, that were ever held in the Church: And which were not only called by the Emperor's Authority; but, being met, acted entirely according to their prescription.  
But indeed, I cannot perceive, that any of those hard things, this Author so much complains of, do at all follow from this supposition. For what tho' the King does propose to them the Subject of their Debates; What they are to consult about; and draw up their Resolutions upon? Are They not still free to deliberate, confer, resolve, for all that? Will not their Resolutions be their Own, because the King declared to them the General Matter upon which they were to consult? Is a Counsellor at Law of no use; or has he no freedom of Opinion, because his Client puts his Case to Him? Or, does our Law unsitly call the Answer of a Petit-Jury, its Verdict, because the Judge Summed up the Evidence to them, and directed them not only upon what points, but from what proof, they were to Raise it? What strange Notions of things must a Man have, who argues at such a Rate as this: And might, upon as good Grounds, affirm the Parliament its self not to be free, as he has denied the Convocation to be so; because that, in the main parts of their Debates, That also is as much, tho' not so necessarily, directed by the King, in what He would have them consult about.  
I have insisted the more upon this particular, because it is one of the most popular Arguments he has offered in defence of his Opinion; tho', alas! 'tis at best but miserable Harangue, to oppose against the Express Authority of the Law, and the Common Prerogative which All Christian Princes have, from the beginning, laid claim to, as to this Matter. But He urges farther,  
(2dly.) That supposing a Licence were 
§. 16. Letter: p. 46.  necessary, yet for that very Reason it ought to be Granted: And it matters not much whether we say that a Licence ought, ex debito Justitiae, to be Granted to empower them to deliberate; Or whether they have, of Themselves, a Power of deliberation, without such Licence expressly given.  
That whenever the King requires the Convocation to sit, he ought to send them a Licence to act, is out of doubt: because otherwise, he would either oblige them to meet to no purpose; or would lay a snare in their way, by bringing them together, and putting them upon acting without a Licence; which, by Law, they ought not to do. But that this is granted Ex debito Justitiae, I utterly deny; because 
See that of King Changed I. Append. Numb. V.  in all the Commissions I have ever seen, 'tis particularly said to be Granted by the King, of his special Grace, and mere Motion; which cannot with any propriety of Speech be said, of what in justice belongs to them.  
The truth of the Case is this: The 25 of Hen. 8th has restored the Crown to its Royal Authority, as to this matter. It has put the Power of directing the Convocation, (as of Right it ought to be) into the King's hands. They cannot Act without his Licence; and he is not Obliged, by any Law, to grant it to them: but may allow, or not allow them to Do business, as he thinks it will be most expedient for the Church's Welfare. That therefore the King does, at any time, Grant them such a Licence, is of his Own Good Pleasure; Nor can it any Otherwise be accounted a Debt of Justice, than as he is Obliged in Justice to his People, to Do whatsoever he thinks to be for the Public Good. But yet, in point of Reason, it must be confessed, that the King either ought not to Require his Clergy to meet together, more than for Form sake; Or that if he does, He ought to Commission Them to act too: That so they may neither meet to no purpose; or which is Worse, do it to their Own detriment, by Acting Otherwise than the Law allows Them to do  
And therefore, I do Agree, that, in a very large, improper sense of the Words, it may be said that when they do sit, a Licence ought, ex debito Justitiae, to be Granted to them. Because they ought not to sit, but when their sitting will be for the Good of the Church; and when that is so, the King is obliged in Justice to the Church, to give them Licence to Act. But, in this Gentleman's sense, I utterly deny, either that the Convocation has any right to Meet whenever the Parliament does: Or that upon every such Formal Assembling, they ought to have a Commission sent to them, to Empower them to Act; tho' I still affirm that they are not at Liberty to Act without it.  
As for what is here again urged (3ly) from the Rights of the Parliament; It 
v. 17. Letter. p. 48.  may suffice to say, That neither does the Parliament lie under the same Restrictions that the Convocation does, nor can it, with any Consistency to our Constitution, be supposed that it should do so. The Parliament, Acting in Concurrence with the King, have the Legislative Power in their Hands. They neither are Restrained by any Laws; nor is it possible they should be. But the Convocation is truly, no more than an Ecclesiastical Council. It's business is to Advise, and Assist the King in things pertaining to the Church. And tho' I know it will displease this Author to be told so, yet I must again put him in mind, that the Clergy have no power to make laws. They may draw up Canons, and Constitutions, within the Limits which the Parliament has set to them; and the King may confirm them; And that being done, they will have a due force: But still Laws they are not, unless in a very imperfect Sense; the same in which the Convocation is a Legislature, and the Master of a family a Monarch within his Own House.  
But tho' I cannot therefore join with this Author in his Argument; yet I heartily concur with him in his Conclusion of it: That an English, Christian 
Letter. p. 50, 51.  King, is as much Obliged by the Laws and Usages, had and accustomed in this Kingdom, in regard to the Church; as the Sovereign of England is, with relation to the State. This, I say, is unquestionably true; and brings us to the true way of deciding the Point before us. If by the Laws, and Usages, of this Kingdom, the Convocation has a Right, to sit, and act, as this Gentleman affirms; let those Laws be produced, and those Usages made out, and I submit. But if according both to the Laws and Usages of the Realm, the Convocation be wholly in the King's hands; (As I think I have abundantly showed that it is) then let our Author be concluded by his Own Rule; and Render unto Caesar the things that are Caesar's; to God, the things that are God's.  
But our Author here again objects to himself; what, if he had not, I dare 
§. 18.  say no man living would ever have Objected to him; that the Convocation 
Letter. p. 51.  has oftentimes been prohibited by the King, to deal with any thing that concerned his Crown, and Dignity, etc. And he thus makes his Advantage of it; That since those Prohibitions were only to keep the Convocation from Excess, and within their just bounds, it is evidnetly supposed, that they may intermeddle with any Other Matter, without Express Licence.  
Whether that be supposed, or no, I cannot tell; this I am sure is, that the Clergy, in those days, were but too apt to meddle with matters, in their Convocation, that did not at all belong to them. And I doubt, were some men's Notions allowed of, we should find but too much need of having these kind of Prohibitions brought again into Practice. But, the truth is, when those Prohibitions were wont to be sent to the Convocation; the Clergy, oftentimes, did not only Meet, but Act too, without the King's Licence: And by both usurped upon the Royal Authority. And to suppress these abuses, and to vindicate the King's Supremacy, it was, that the Statute of the 25 H. 8. c. 19 was passed. Since which time we meet with none of these Prohibitions; and I hope the Crown will never fall any more into such hard Circumstances, as to stand, again, in need of them.  
As for what this Author, in the next 
Letter. p. 50, 51.  place, excepts against the Authority of Coke xiith. Report; I am but little concerned in it. The fortunes of the Crown depend not upon the Credit of it. Let those who build their Opinion, as to these matters, upon the Resolution of the Judges, there Related, (if Any such there be) undertake the Defence of it.  
We are now come to the main Point; and which Our Author, therefore, 
§. 19  Labours, all he can, to Get over: And that is, How we are to understand the Statute of the 25. H. 8. Whether as Prohibiting the Clergy only to Promulge and Execute any Canons, etc. but what are Confirmed by the King? Or, Whether we are to look upon it to have forbidden Them, to debate, and conclude upon any; without his Licence, first had, so to do?  
And here, I shall neither enter into any Controversy with this New Critic, about the propriety of Expression, in which Our Acts are too often defective; Nor complain of his very Partial, and Imperfect Recital of it: Tho' in this, he will find it hard to justify himself to those, who will take the pains to compare the Words of the Statute, with that Account which he has given, 
See the Appendix.  in his Letter, of it. But supposing the Act to have been so obscurely, or doubtfully drawn up, as to be really capable of either of the Senses here contended for; (which yet truly I think it is not:) will only consider whether there be not much more reason to prefer Oars, than to allow of His.  
For which end, 1st, I would Ask this Author: Whether, supposing One of these Senses can evidently be made appear to have been Always, and Universally Received, as the meaning of this Act, ever since it was Made; and the Other be Confessedly a New, and Singular, (for I must not now say a Forced) Interpretation of it; that Ought not in all Reason to be Stuck to, which has prevailed from the beginning, rather than That which was never Allowed of; nor, for aught I know, so much as heard of, till this Gentleman first enlightened the World with it?  
Again: 2dly: Let me demand farther; Whether this will not be still more Reasonable, if it can be shown, that that Sense of this Statute, which we Affirm has hitherto Universally Obtained, has also been confirmed by the Constant Practice of Those who were most concerned to Inquire into the Meaning of it; And had, withal, the Best Opportunities of knowing what was indeed intended by the Legislators in Making of it?  
3dly, and lastly: Let me Ask; Whether we ought not, yet more undoubtedly to acquiesce in this Sense; if it has been Generally, and Constantly admitted, not only by such as were the most Concerned, and best Qualified, to judge of it; but whose Interest it was, withal, to have declared against this Sense, and to have Asserted that Other, which this Author has here advanced; supposing there had been any Rational Ground for Them so to do?  
These, I conceive, are very plain Questions; and either this Gentleman must recede from the most Commonly, Received Rules of Interpreting Laws; or he must Consent to the Reasonableness of them, and be Concluded by Them.  
To apply then these General Rules to the Case in hand: I believe no reasonable 
§. 20.  Man will doubt but that the Kings of England have had as Good Opportunities of Understanding the Sense of their Own Laws, as any Other Person whatsoever can pretend to. They have had their Judges; their Council learned in the Law; their Own Great Counselors, at all times, to advise with: And these have not only Authority to make an Authentic declaration of the Sense of any Statute; but have been actually consulted by Them, concerning the meaning of this very Act. Unless we should be so unreasonable as to Suppose, that Our Princes have from time to time sent Commissions to their Convocations, to empower them to Act; 
See that of K. Ch. I. Append. n. v.  And that with peculiar Relation to this Law; and yet never Consulted with their Judges, etc. in drawing of them; Or were ever better informed by Them, when they saw how Grossly they had mistaken the Sense of it.  
But it may be our Kings were Parties in this Case, and had an interest to prefer this Interpretation of that Statute before the Other; that so they might the better Exalt their Own Power by it. Let this also be supposed: But still I hope the Convocation its self had no interest to join with them in this design; and to help, by a wrong interpretation of this Act, to bring themselves into Bondage. That, next to the King, the Convocation may be accounted as well Qualified to understand the true Sense of a Statute, which it so nearly concerned them to look into, as any Private Critic, I believe no Modest Man will deny. Our Author, I am sure, has too Great a Veneration for that Learned Body, to doubt of their Ability; I had almost said Authority, to Expound an Act of Parliament.  
Let him therefore tell us; What Convocation has there been, ever since this Act was made, that has ever refused the King's Licence, sent to them in pursuance of it? Or has Protested against it? Or has ventured to proceed to Confer, Deliberate, and Make Canons, without the King's Licence first Obtained, to Warrant them so to do? That our Kings have constantly sent their Commissions to them, to keep them from falling under the Censure of this Statute, We are very sure. That Our Convocations have evermore thankfully received these Commissions; and proceeded to Act under the Authority of Them, cannot be denied. That they have refused to Act till they Received the King's Licence; and when they have suspected that the date of it was determined, have insisted upon having a New One sent to Them, we can prove, beyond any Reasonable Exception. But that ever any Convocation Rejected such a Licence; or presumed to Act without it; from the time that this Law was made, I have never heard, nor can this Gentleman, I believe, give me an Instance of Either. I conclude therefore, that supposing there were indeed a just Ground to doubt of the meaning of this Statute; (which yet I must again profess, to my Apprehension, there is not) yet still, That Sense of it which has Obtained ever since it was made; according to which Our Kings have for above 150 Years proceeded to Give such Licences, as we now contend for, to their Convocations; And their Convocations have continued to accept of, and to Act by them: Which our Greatest Lawyers have declared themselves in favour of; and which no Man, that, I know of, besides this One Author, has ever pretended to call in Question: I say that Sense, which has all these Advantages; and is, in its self, most agreeable to the Words of the Act, and the Occasion that was given to the making of it; aught, in all Reason, to be preferred to any new Construction that can be set up against it; tho' such construction might, in some measure, be made of the Words of the Law, and afford some show of Reason, to enable a Witty Man to talk very plausibly in favour of it.  
Whether these Considerations will seem sufficient to this Author, to justify the Old, Received Sense of this Statute, I cannot tell: nor does the King's Authority depend so much upon it, that I should need to say any more to it. That without his Writ, the Convocation cannot Meet, this Gentleman himself acknowledges. And I am sure whenever the King shall think fit to let them Meet, He will send Them his Licence to Act too. If they accept his Licence, and proceed to Act by virtue of it, this will afford us a new Argument to prove, that we are not mistaken in the Sense we give of this Statute. If not, we shall then, in all probability, be set Right in it; and upon a Judicial determination (which this Author tells us was wanting in Coke Report) be satisfied, what Skill this 
〈◊〉 p. 50.  positive Man has in Interpreting of Acts of Parliament: And whether tho' there be No Sense, yet there may not be Good Law, on the side of the King's Prerogative.  
And now, I may venture to say, we 
§. 21.  have seen the utmost of what this Author can do. As for what he next catches at, That my Lord Coke affirms 
Letter. p. 58.  that the King had heretofore a Right to send Commissioners to sit with the Clergy in Convocation (tho' Quo jure, 
See above, ch two. § 27. ch. three § 13.  he says, it does not Appear:) And therefore it must be supposed that the Clergy had a Right to debate of what they pleased; because else it would have been needless to send a Commissioner to Watch them: I must needs say, I do not see by what Rules of Reason any such Consequence, will follow from it; Unless we should suppose that because Men are limited to Act by certain Rules, therefore there is no danger of their transgressing of Them. The ancient Emperors, we are well assured, tied up their Councils to very Strict Rules: Yet so dull were They, that, for that very Reason, they sent Commissioners to sit with their Bishops; that so they might take Care to keep them within bounds, and see that they acted according to the Rules they had prescribed to Them.  
'Tis true, the Clergy, in those days, did take the Liberty to transact many things, in their Convocations, without any particular Licence, from the King, to warrant Them so to do. And this rendered the presence of such Commissioners more necessary heretofore, than it is Now. But that they did take upon them to do this, is no proof that they had a Right to do it: any more than their attempts, in many other instances, prove that they ought to have enjoyed all those privileges, by which it is, on all hands, allowed, that they did oftentimes notoriously Usurp upon the Royal Authority.  
There is yet a little spiteful Suggestion, for I cannot call it an Argument, 
§. 22. Letter, p. 60, 61.  drawn from Magna Charta, and the King's Coronation-Oath: But these things will then be fit to be Considered, when He shall first have proved the Church to have such a Right as he supposes, but has not yet offered one tolerable proof of; unless we should take a Confident Assertion, for proof, in which, it must be confessed, he has not been Wanting. In the mean time, whilst the Church is deprived of no Liberty, that either the Laws have given it, or it ought, of Right, to enjoy; the King may keep his Coronation-Oath, and Magna Charta be as sacredly observed, as any One could Wish it should be; tho' the Clergy be not allowed all that unreasonable Liberty, which some Men plead for, on their Behalf; but which neither the Clergy, nor Convocation, have Themselves ever pretended to.  
But whatever Restraints may be pretended to be laid upon the Convocation 
§. 23. Letter. pag. 59  by this Act with regard to the making of Laws, and Constitutions (For Laws this Author will have the Convocation to make, as well as the Parliament:) yet the Exercise of their Jurisdiction, as they are a Court, properly so called, is certainly left free, and entire to them. This He takes for Granted, and never so much as attempts a Proof of it. And therefore there is no more for me here to do, after 
C●. two. §. 36. three §. 14, etc.  what I have already said as to this matter.  
If the Case be so, as it is here supposed; If neither the King's Supremacy in Ecclesiastical Causes; nor the Laws of the Realm; nor the Custom of Convocations; which (like that of the Parliament) is, I conceive, the Law of Convotion; have restrained the Clergy, as to these Matters; I am sure I shall be far from desiring to lay any Restraint upon them.  
I shall conclude this whole Chapter with a Relation which I meet with in One of our Ancient Reports; and which being added to what I have before observed, may contribute a little, to the better understanding of the power of the Convocation, in the Particular we are now upon.  
In the 4. H. 8. An Act of Parliament was made, to deny the benefit of the 
§. 24. Keilway's Rep. sol. 181, etc.  Clergy, to certain Malefactor's therein mentioned. The Clergy being angry at this, as entrenching too much on the Rights of the Church; (for the Church in those Days was always wont to be very tender of her Rights, whether they were for the public Good, or no;) About three years after, the Parliament then sitting, the Abbot of Winchomb in a Public Sermon, at Paul's Cross, not only Preached against the said Act, and all Those who had Consented to the Passing of it; but farther Affirmed, that All Clerks, who have once been admitted into any Holy Orders, whether Greater or Lesser, were from thenceforth Exempt from all temporal Punishment, before any Temporal Judge, for any Criminal Cause whatsoever.  
The Lords Temporal, and Commons, being alarmed at this, Petition the King that he would order this Point to be publicly argued, by Divines and Canonists on both sides: And thereupon, a Certain Day was appointed by the King for that purpose, at the blackfriars, London.  
Among the Council for the King was Doctor Henry Standish, a Learned Man, and Guardian of the Mendicant Friars, in London. The Cause was handled, and many Members of both Houses were present: And, in the Opinion of all who heard it, Dr. Standish had so much the Better of the Council that argued for the Clergy; that it was moved to the Bishops, that they should Oblige the Abbot Publicly to Recant his Assertions.  
At Michaelmas following, the Clergy sitting in Convocation, cited Dr. Standish to appear before them, to answer to such Articles as should there be Exhibited against Him. He appeared, as he was ordered; and four Articles were first proposed by the Archbishop to Him: and being afterwards increased to six, were delivered to Him in Writing; (All tending to the purport of what he had before Asserted, in defence of the King's Authority;) And he was Required, upon a Certain Day, to Answer to Them. It seems, to assert the King's Authority over the Clergy, was accounted in those days to be no less than Heresy; and perhaps may still be thought, by some Men, to come near to it.  
Doctor Standish easily perceived what the Convocation drove at: And being sensible that He should not be Able to withstand their Malice, and Authority; put Himself under the King's Protection, and referred his Cause to Him. The Clergy being a little surprised at this, protest to the King that their Process against Him was not for any thing he either did, or said, when he was of Council for his Majesty; but for Other Tenets, Elsewhere, and at Other times advanced by Him: And therefore pray his Assistance; according to his Coronation Oath; and as He desired to avoid the Censures of the Church, The Clergy thus proceeding, the Lords, and Judges of the Realm, at the Instance of the House of Commons, address also to the King; and desire him, by virtue of his Coronation Oath, that He would assert his Temporal Jurisdiction; and protect Standish; (in the Great peril in which He was,) against the Malice of the Clergy: who evidently Objected to him the same Tenets which He had defended, in Right of the King's Authority.  
Being thus applied to, on Both sides; the King first consults with Dr. Veysey, Dean of his Chapel; and (having had his Opinion) order the Justices of his Courts, and his Own Council, both Spiritual and Temporal, with several Members of the Parliament, to meet at the blackfriars; and there to take Cognizance of the Cause between Standish, and the Convocation; and to hear what Standish had to say for himself, in answer to the Points objected to Him.  
The Cause is heard; and in conclusion, Standish is acquitted, and the whole Convocation judged to have incurred a Praemunire, by their Citation, and Prosecution of Him.  
Upon this the King comes himself to Baynard's Castle; all the Bishops, and a Great Part of the Parliament, with the Judges, attending upon Him. Being sat; Woolsey, as Cardinal, and in high favour with the King, first applies to Him in behalf of the Convocation; and prays, that the Cause might be Referred to the Judgement of the Court of Rome. This was seconded by Warham, Archbishop of Canterbury in the name of All the Clergy; and much was Argued for, and against This.  
At length the King delivered himself, to this Effect, to them: That by the Order and Sufferance of God, He was King of England; and, as such, would maintain the Rights of his Crown, and his Royal Jurisdiction, in as ample a manner, as any of his Progenitors had done before Him. Then he commanded the Convocation to dismiss Standish; which accordingly they did: And were content, for that time, to let the Royal Supremacy, get the better of the Spiritual Jurisdiction.   

CHAP. VI  
Some Rules laid down by which to judge, for what Causes, and at what times, Synods ought, or ought not to be Assembled: And the Reasons suggested by the Author of the Letter, etc. to prove a Convocation to be, at this time, Necessary to be held; Examined, and Answered.  
HItherto we have been stating the 
§. 1.  matter of Right between the King, and the Convocation: And if I do not very much deceive myself, I have plainly made it appear against the Author of the Late Letter to a Convocation-Man; that that Venerable Body have neither any Right to Meet, nor Power to Act, but as the King shall Graciously Allow them to do.  
But now, having Asserted this, in Vindication of the Prince's Prerogative; I must not forget what I have before confessed as to this matter, and see no Cause yet to Retract; viz. That His Majesty, both as a Christian, and a King, is Obliged to permit his Clergy to Sat, and Act, whensoever he is persuaded that the Necessities of the Church require it; and it would be for the Public Good of his People, that They should do so. And tho', 'tis true, the Law has entrusted Him with the Last Judgement of this; and, without which, it would be impossible for him to maintain his Supremacy in this Respect; yet certainly He ought to be by so much the more careful to Consider the Interest of the Public, by How much the Greater the Trust is, which the Public, in Confidence of such his Care, has Reposed in Him.  
It must be confessed, indeed, that our present Author, has neither taken a very proper Method of communicating his Advice to the King; nor done it in such a Manner, as if He designed to persuade either the King, or his Ministers, to pay any Great Deference to his Judgement. On the contrary it appears, that in all that he has said, he intended rather to Reflect upon the Administration of Affairs, and to raise discontents in men's Minds against the Government, than to do any Service either to Religion, or the Church. But however I will consider, nevertheless, what he has alleged, to show, That our present times call for a Convocation; and that the King ought not any longer to prevent their sitting.  
The Question, to be examined, is 
§. 3.  thus proposed by Him:  
What Occasion there is, at present 
Letter p. 1.  for a Convocation?  
And his Answer to it, is Short, and Vehement; full of Warmth, as being, I suppose, designed to Inflame: That if Ever there were need of 〈◊〉 Convocation, 
Ibid. p. 2.  since Christianity was Established in this Kingdom, there is need of One Now.  
To clear this Point, and see how well this Author makes Good so bold an Assertion; I shall take this Method.  
1st. I will lay down some General Rules, by which we may the better Judge, at what Times, and in what Cases, it may be either necessary, or expedient for a Prince to call a Convocation: And then proceed.  
2dly. To Consider, What this Gentleman has offered to prove the Necessity of a Convocation, under our present Circumstances, to be so exceeding Great, and Urgent, as He pretends it is?  

I.  
That Synods may, in some Cases, be as Useless to the Church, as in Others 
§. 3.  they are Expedient; Every Man's Own Reason will tell him: And that such Times may happen in which they may be apt to prove not only Useless, but Hurtful, we have not only the Experience, but the Complaints, of the Best Men, to convince us. It was a severe Judgement which Gregory Nazianzen passed upon the Synods of his Time; and is the more to be Regarded, because it was the Result of a frequent Trial, and a sad Observation; That He 
Greg. Naz. To. 1. Epist. ●2. p. 814.  fled all such Assemblies, as having never seen any One of them come to a Happy Conclusion; or that did not Cause more Mischief, than it Remedied. Their Contention, and Ambition (says he) is not to be Expressed: And a Man may much easier fall into Sin himself, by judging of Other Men; than He shall be able to Reform their Crimes.  
There is scarce any thing in Antiquity, that either more Exposed our Christian Profession heretofore, or may more deserve our serious Consideration at this day; than the Violence, the Passion, the Malice, the Falseness, and the Oppression, which Reigned in most of those Synods that were held by Constantine first, and, after, him by the following Emperors, upon the Occasion of the Arian Controversy. Bitter are the Complaints, which, we are told, that Great Emperor made of Them. The Barbarians, says he, in his Letter 
Sozom. lib. two. Cap. 28.  to One of Them; for fear of Us, Worship God: But we mind nothing but what tends to Hatred, to Dissension; in One word, to the Destruction of Mankind. And what little Success other Synods have oftentimes had, might easily be made appear; were it needful to enlarge upon so Known, and Melancholy a Subject.  
Now this as it has obliged not only the Best Men, but the Wisest Emperors, to be very careful, how they either called, or encouraged such Assemblies, unless they had some Reason to hope for a Good Effect of Them; so may it suffice to convince Us still, that neither are All Times, nor All Causes, either Proper for, or Worthy of, such Meetings: and that the Expediency of Them ought to be very Clearly made out, before it can, with any Reason, be expected, that the Prince should consent to their Assembling.  
It has, I think been generally agreed, 
§. 4.  that the main End for which Synods are necessary to be Assembled, is either to establish the Faith, and to declare the Unity, of the Church, in matters of Doctrine: Or to advise, and assist the Civil Magistrate, in things pertaining to the Discipline of it. As for the Exercise of Ecclesiastical Jurisdiction, that, in every well settled Church, is commonly provided for by some more Ordinary Means: So that, except in a few Cases of an Extraordinary Nature, there is seldom any Occasion for a Synod to meet, upon any such account.  
Now as these are the Ends for which Synods ought to be Assembled; so, I believe, 
§. 5.  it will be allowed, by all Considering Persons, that the Prince ought never to Call them, when Either, 1st. It is needless; Or, 2dly, It would be hurtful so to do. When there is no Appearance of any Good to come from their Meeting; but rather it may justly be feared, that their Meeting will turn to the Prejudice of the Church. In short; That the Prince ought never to call his Clergy together, but for some Rational, and Good End: When there is something Proper for such an Assembly to do; and They may be likely to Do it so, as to advance the Welfare of the Church by it.  
This, I conceive, must be allowed, in point of Prudence, to be the General Measure, by which the Prince ought, upon all Occasions, to judge, whether it be Necessary, or even Expedient for him, to suffer a Convocation to Meet, or no. And from these General Measures, we will proceed to draw some farther, and more particular Directions, for our better judging in the Point before Us.  
And (1st.) Because in Clear, and 
§. 6.  Evident Cases, where both the Truth is Manifest; and the Consent of the Church, Constant and Out of doubt; there is no need of any Definitions, either to declare its Sense, or to testify its Agreement: therefore neither can there be any Need to Assemble a Convocation, to Judge or Determine, in such Cases.  
If, in a Christian Country, where the Gospel is professed, and its Truth established; and Men have, for many Ages, been Bred up to the Knowledge, and Belief of it; A sort of Libertines should arise, to deny not only the truth of Christianity, but the very Being of a God; the Certainty of Revelation; the Authority of the Holy Scriptures; and the like Common, and Avowed Principles of Religion: It would be not only Needless, but Absurd, for a Synod to be called to debate over again the Fundamentals of Piety; and solemnly to define against these Sceptical, Profane Disputers, That there is a God; That He has Revealed his Will to Mankind; and that the Scriptures were written by divine Inspiration. And all that they would Gain by doing of it, would be only this, that they would see their Authority, and their Definitions, despised by Them: And might probably give Offence to Good Men; as if they had so much Reason on their side, or there were so much Difficulty in this Case; as to need the Solemnity of a Convocation to interpose in it.  
In such Cases as this, the Christian Magistrate ought to take upon him the Protection of Religion; of the Faith which he professes, and of that Saviour by whom He hopes to be Saved: And so to Order Matters; that such Persons shall either Cease to blaspheme; Or they shall find out some Other Place than a Christian Country to do it in. Civil Authority may Restrain such bold Men; but 'tis Ridiculous to think that all the Synods in the World, should ever be able to Persuade Them.  
Again (2dly.) Upon the same 
§. 7.  Grounds I affirm, that neither is there any need of a New Synod, to declare the Doctrine, and Consent of the Church, in such Points, in which it has, by as Great, Or even Greater Authority, been before Declared.  
Thus supposing any Church should not only have solemnly Received the Four first General Councils; but in farther testimony of its Agreement in Faith with Them, should have given their Creeds a Place in its Public Liturgy: And to strengthen all this, should have drawn up a Clear, and Full Confession of its Own, upon the Principles by them defined; and have Required that Confession to be Received, and Subscribed to, by All who are Admitted, to any spiritual Office, or Function in it: How ridiculous would it be, for such a Church, to Assemble a Convocation, to declare to all the World that it believes our Saviour's Divinity; and holds a Trinity of Persons, in the Unity of the Godhead? What tho' there be some, in such a Church, who deny this; and take advantage of the Liberty, or rather Licentiousness, of evil Times, to dare even to Write, and Argue against it? The Doctrine and Faith of the Church are still the same: And it may as well be said that in Our Protestant, Reformed Church, it is needful to call a Convocation, to protest again against the Errors and Superstitions of the Church of Rome; because some not only Write in defence of Them, but are busy also to make Converts to them; As for such a Church to call a Synod, to declare, that it has no part with those who Write, and Argue, against its own Avowed Sense, in the Points of the Holy Trinity, and of the Divinity of the Son of God.  
A Convocation may sit, and draw up what Creeds, and Confessions it will. But if They expect that Those who despise the Authority of the Ancient, General Councils of the Church, should be Concluded by their Definitions; It will, I doubt, appear that They have but flattered themselves with Vain Hopes: And they will find, too late, that those who are not to be Restrained by what has been already Determined, will much less regard any New Decisions that can be made Against Them.  
In this Case, again, 'tis the Civil Power, or nothing, that must Restrain their Presumption. A Good Law may Oblige them to be silent; but I doubt neither that, nor any Thing else, will be Able to cure them of their Infidelity.  
But. (3dly.) If a Convocation ought 
§. 8.  not to be called without need, than neither can it be Necessary, or even sitting, to Assemble it for such Matters, as not only may be Equally provided for, by Ordinary Means; but which fall, more properly, under the Cognizance of some Other Authority.  
Such are, first, all Private Cases, which are determinable in Other Courts, and before some Other Judges, which the Law has provided for Them: And the King might as well Assemble his Parliament, to try a Thief, or a Felon; as his Convocation to convict a Man of Heresy, or Schism There are Civil Courts appointed for the One; and Ecclesiastical Courts provided for the Other. And if these Neglect, or Refuse to do their Duty, there are Shorter Ways of Applying a Remedy to it, than by calling either a Parliament, or Convocation, for such a Purpose.  
And such are, secondly, such Disorders, as either the Bishop in his Diocese; the Archbishop in his Province; Or the King in the whole Church, have sufficient power, by their Own immediate Orders, or Injunctions, to redress: Whether they be Occasioned by men's departing from the Rules, and Measures already prescribed to Them; Or for want of a Vigorous Execution of those Laws, by which they ought to be punished for their so doing.  
Indeed, where the Discipline, and Authority of the Church its self is defective; and Irregularities both in the Clergy, and Laity abound, for want of a Power sufficient to suppress them; a Convocation may be needful, to consider, How a Remedy may be provided for this Defect; and the Church be enabled, more successfully, both to Guard the Faith, and to Reform the Manners, of its Members. And I heartily wish our Circumstances were such, that a Convocation might meet, for this Purpose. But I am afraid our Distemper is become too Great to be healed: And that we are Uncapable of such a Discipline, as, above all things, We the most Want. And therefore  
(4thly.) And to go on with these 
§. 9  Remarks: As in such Cases, as I have hitherto mentioned, it is needless to Call a Convocation; so would it be in Vain to Assemble it for such purposes, in which there were no probable Expectation of Success; or hope, that any Good should be done by it. This, as for aught I know, it may be One Great Reason why a Convocation is not called, to Review some of our Public Offices; to Improve our Discipline; And to Reform many Disorders in the Exercise of the Ecclesiastical Jurisdiction; so am I the rather Confirmed in my Opinion, of the little Probability there is, of any Good to be yet done, by a Convocation, in this respect; that amidst all the Reasons Offered by this Author, to prove the necessity of holding a Convocation, He has never Once given any Intimation of these matters: though he could not but know that they 
See the King's Commission to the last Convocation.  were looked upon by the Government, as the principal things for which a Convocation might be wanting.  
But (5thly.) And to have done: As 
§. 10.  there are many Cases for which it would be improper to call a Convocation; so may there be some Times too, in which it ●ould be altogether Unadvisable to Assemble it.  
When men's Passions are let loose, and their Minds disordered: When their Interests, and Designs; their Friends and their Parties; nay, their very Judgements, and Principles, lead them different Ways; and they Agree in nothing so much, as in being very Peevish, and Angry, with One Another: When their very Reason is depraved; and they judge not according to Truth, or Evidence, but with Respect of Persons; and Every One Opposes, what Another of a different Persuasion either Moves, or Approves of: What Good can the Prince propose to Himself, or any Wise Man hope for, from any Assembly that can be brought together, under the unhappy Influence of These, and the like Prepossessions?  
It was the sense of this, made a Wise Man, in the last Age, tell Charles the Vth; That it appeared by Experience, and might from Reason be demonstrated; that those Affairs seldom succeeded well, which were to be done by Many. And if such be the inconvenience to which, Number alone, exposes such meetings, in the best times; Sure I am, both Reason and Experience will much more convince Us, that in times of doubt and discontent, this will be more likely to be the Case; and that under such Circumstances, there is little Good to be expected from them.  
And this may suffice, in General, to 
§. 11.  show what those Cases, and those Times are, in which the Prince may have Reason to think, that it is either needless, or improper, for him to suffer his Clergy, to Meet, and Act in Convocation.  
I Go on,   

II.  
Secondly; Upon these Principles, to Examine, what this Author has Offered to prove the Necessity, or even Expediency, of their present Assembling.  
Now this He pretends to make out by these [2] Ways.  
[1st.] By Proving that there is, upon many Accounts, an Absolute necessity, that something should be done for the Defence of Religion, and the Church. And  
[2dly.] By showing, That what is thus necessary to be done, can be done no Other Way, but by a Convocation.  
[1st.] That something is necessary 
§. 12. latter. p. 2.  to be done; He proves, from the Open Looseness of men's Principles, and Practices: and that settled Contempt of Religion, and the Priesthood, which (He says) has prevailed every where. And upon this General Ground, he goes on to dilate, in several Particulars; which must therefore he Consider'd by Us.  
But before I proceed any farther in this Debate, I must here, once for all, profess, that I should be far from Opposing any thing that could reasonably be proposed to be done, in Order to so Good an End, as the Reforming the Open Looseness of men's Principles, and Practices, would certainly be. I am by no means Unsensible that a Great Part of what this Author here complains, is but too true: Tho' whether the Looseness of men's Principles, has corrupted their Manners; or the Depravity of their Manners, may not rather have been, at the bottom, one great Cause of the Corruption of their Principles, I am not able to determine. And were a Convocation necessary to Vindicate the Church from being, in any degree, accessary to these Crimes; or had it Authority sufficient to Reform this Licentiousness; I would much rather join with this Author in Petitioning for their Sitting, than Contend with Him about the Expediency of it. But being fully Satisfied that the Convocation has neither Strength sufficient to Grapple with these Enormities; nor is in any respect necessary, to assert the Church's Innocence; But especially, being persuaded, that should it meet, for any such purpose, under our present Circumstances, it would only expose its Own Authority, and our Religion, to the Greater Contempt of Profane, and Wicked Men: I shall proceed with all freedom to Examine the Reasons here alleged; and to Vindicate not only the King's Honour, but the Churches too; and show, that if the Other Ways, which this Author here Rejects, be not sufficient to Reclaim men's Vices, neither can it be hoped that the Convocation should be able, by any Orders it can make, to Reclaim Them.  
First then: Let us suppose that (as he alleges) Scepticism, Deism, and 
§. 13.  even Atheism its self, is pouring in upon Us, Would this Gentleman have a Convocation called to declare, that the Church of England not only Believes in God, but in Jesus Christ, and his Gospel too? Has Christ been thus long preached among Us, to leave it still in doubt, whether, after all, our Church, be a Christian Church, or No? If neither our Constant Confession of our Faith in Christ, nor our public Worship of Him, and of the Father by Him; If neither our public Preaching, nor our public Writing, in Vindication of this Faith; neither what our Convocations have formerly declared, and we all continue to support, and defend; be sufficient to satisfy Mankind, that the Church of England condemns all Atheism, and Deism; and that However such Persons may Live among Us, yet they are by no means Countenanced or Approved by Her; I cannot imagine, What this Author thinks a new Convocation could do more, to Assert her Innocence.  
And the same, I must answer, Secondly, 
§. 14.  to the Plea next offered, from the Open Appearance of Socinianism among Us, and the Opposition that is made, by some Men, to the Mysteries of the Gospel. For let it be confessed to be some Scandal to our Country, as indeed it seems to be; that such Profaneness should be suffered to Go on, without control, in a Christian Kingdom: where the Gospel is, perhaps, the best understood, and the Church the most carefully Reformed, of any in the World. Yet what has our Church to answer for in this Case? Complain she may, that she is suffered to be thus Torn in pieces, between presumptuous Heretics on the one hand, and profane Scoffers on the other. But sure this ought not to be added to the Rest of her Sorrows, to have her Own Faith, and Integrity, called in Question.  
Nay, the very Socinians themselves, whilst they abuse her in Other respects, by their so doing, justify her in This. They know, and confess her Faith, to be Against them: And for this cause it is that they Rail so despitefully at her. And sure We ought not, ourselves, to lay that to Her Charge, from which her Greatest Enemies acquit her.  
In short; Our Articles, our Creeds, Our Liturgy, our Homilies; All bear witness to the Catholic Faith, in Opposition to these Heretics. Our Sermons, and our Writings, declare against Them. And what can any, Abroad, or at Home, desire, either the Church, or Her Ministers should do more? Or what more could a Convocation, were it to meet tomorrow, Do?  
As for the next Particular, which he 
§. 15. Letter. p. 3.  insists upon, Thirdly; concerning the Power of the Magistrate, and of the Church, which (he tells us) is struck at; and that Indifference of All Religions, which (he says) is endeavoured to be Established, by Pleas for the Justice, and Necessity, of an universal, unlimited Toleration; even against the Sense of the Whole Legislature; I shall say but very little. If such a Toleration be so dangerous, as this Author apprehends, and as, for aught I know, it may be; And the Magistrate has the same Opinion of it; It is to be hoped the Government will take care to secure its self, by a constant Denial of it. And established I am sure it cannot be, against the consent of the Whole Legislature; nor indeed without the concurrence of every Part of it.  
But however, what can a Convocation do in this Case? Whether the Civil Power shall think fit to Grant, or Refuse, such a Toleration; is a Political, as well as an Ecclesiastical Question: And the Government will Act, as it thinks fit, in it; and a Convocation can neither help, nor hinder their Proceedings. What the Opinion of our Clergy is, as to this matter, is well known: And I conceive there is no need of a Synod to meet, to show that their Sense is the same in Convocation, that it is out of it. And those very Pleas, which he Refers to, have had their Answers; which if they do nothing else, yet certainly thus much must be allowed to Them, that they show the Opinion of the Church's Friends, to be the same, that it ever was, in this Particular.  
Hitherto therefore I do not see what 
§. 16.  need there is of a Convocation, or what it could do to make things better than They are. But now we come to the kill Consideration; and by which, we are to be for ever silenced: For, Fourthly, All these things have been countenanced by Members of our Own Church; nay by some of the Clearical Order. And this has given great Scandal to the Churches abroad; and to Remove this Scandal, and to Animadvert upon these Men, a Convocation ought to be suffered to Meet, and Act.  
The truth is, it is a Tragical Account which our Author gives us of this Matter; and of which I shall only say, that I hope it is not true. I will set it down in his Own Words. Indeed, to 
Letter p. 6.  be plain, there seems to be an Universal Conspiracy amongst a Sort of Men, under the Style of Deists, Socinians, Latitudinarians, Denyers of Mysteries, and Pretending Explainers of them; to undermine, and overthrow the Catholic Faith. There seems too much reason to fear, there is no Order, Degree, nor Place among us, wholly free from the Infection. And a Convocation, Regularly Meeting, and Acting freely, (that is, according to this Gentleman's Notion, Meeting with every Session of Parliament, and left to its Liberty to do whatever it pleases without Check, or Control) is the Greatest Fence against these Mischiefs, and the most proper Instrument to Apply a Remedy.  
Whether a Convocation be the most proper Instrument to Apply a Remedy to these Mischiefs, we shall inquire by and by: But I must needs say, That should a Convocation be allowed to Meet so Regularly, and to Act so ‛ freely, as some Men desire; I fear it would soon appear, that the Remedy was worse than the Disease.  
But what Proof does he bring of this Odious Conspiracy, as far as the Church is concerned in it? For as for Deists, Atheists, and Socinians, openly acting, and professing themselves such; I hope he would not have the Church to answer for their Profaneness.  
Why first, he tells us, there is one ingenious Author, who has cunningly undermined, 
Letter, p. 2▪  and exposed, under pretence of Explaining, the Mosaic History. There is another, in great Dignity, and Preferment, in the Church; who has Sophistically opposed the Unity of the Godhead, under pretence of Writing in Vindication of the Holy, and Ever-blessed Trinity. And a third, has set out a Discourse, concerning the Divinity, and Death of Christ, which he is not satisfied with. Two Tracts more there are, which, to increase the Church's Gild, he brings into this Number; The One concerning the Reasonableness of Christianity; the Other against the Mysteries of it. I wonder he did not add, the Notes upon Athanasius; and the three Collections of Socinian Tracts; and for All which, he might as well have called the Church to answer, as for These.  
And is this, at last, all the Ground he has, upon which so tragically to lay about him; as if the Greater Part of our Bishops, and Clergy, were become downright Atheists, Deists, Socinians, and I know not what Monsters of Scepticism and Infidelity? Will such a scanty Induction suffice, to vindicate him either to God, or the World, for those barbarous Suggestions, by which He has appealed to Both, against Us?  
What he has to object against the last of those Books, we are concerned with, I cannot tell; and therefore must be excused, if I make no Apology for it. As for the second, the Vindication of the Blessed Trinity, let us suppose that the Learned Author of it, has advanced such an Explication of that Great Mystery, as being Critically examined, may fall under the Inconveniencies so warmly Alleged against it: Nay from whence Tritheism not only may possibly be Inferred, but necessarily must follow. And that is as much as his most Eager Adversary can desire.  
Is Dr. Sherlock convinced that this can justly be inferred; much more, does he believe, that this must necessarily be the Consequence of his Hypothesis? This Gentleman, in his own Conscience, knows the contrary: And that that Learned Man as much abhors the Doctrine of Tritheism, as the Animadverter himself can do; And would as heartily join in an Anathema against those who Assert it.  
But what is there then, in this case, for a Convocation to do? Why, I suppose, he would have that Learned Body join hands with the Animadverter; and pronounce his Explication of the Holy Trinity to be Heretical. And then, either Dr. Sherlock must recant it; or he may be tried by them for Heresy. I find 'tis very happy for the Dean, that the Old Writ, de ●eretico Comburendo, is determined: Or else, for aught I know, his next Motion might be, from his Own Chapterhouse, into Smithfield.  
Well, but what if in the Convocation some such dull Men should be found; as 'tis plain there still are out of it; who after all that either the Animadverter has written, or the University decreed; do not believe the Doctrine of Tritheism to be so necessarily consequent upon his Hypothesis, as to warrant them to Judge it to be Heretical? What if there should be some Others, who tho' no Friends to the Hypothesis, should yet have so much Charity for the Dean; as to be unwilling to fall so severely upon him, as some warm Men would have them do? In short; What if a yet Greater Number of Others should appear, who tho' they neither favour the Dean, nor are Friends to his Hypothesis, may yet look upon him to have meant well: and to deserve some consideration for his former Services: Who may think it unsafe for the Church to declare itself in favour of One Man's Hypothesis, or against another's: Who may cry out as loudly against some, for being Sabellians, as an Opposite Sort have done against Others, as Tritheists? Or lastly; who may conceive the best way to be, to take the King's Example; and to be content to Reduce all Parties to the Old, Received Terms: And thereby, at once, both secure the Church against any farther Mischief; and softly Censure those who have departed from Them?  
In all these Cases, it is evident that the Convocation may be very likely to fly into Heats, and Parties; and after much Contention, nothing to be done: And then the Enemies without will smile, and tell the World, that when it came to the trial, the Convocation itself could not Agree about this Matter; and from thence draw an untoward Consequence, against the very Doctrine itself.  
For my Own Part, I am neither engaged by my Opinion to support Dr. Sherlock's Explication; nor will I ever become an Advocate for any Man, to the public Detriment of the Church, or its Doctrine. But as I am persuaded he had no Heretical Design, nor is, knowingly, involved in any Tritheistical Opinion; so I cannot but think it very hard that He should be forced to believe a Plurality of Gods, whether he does believe any such Doctrine, or no. And if to Err in such a matter as this, or not to see all the possible Consequences of an Hypothesis, in so abstruse a Speculation, be a Crime; I am afraid it will be hard for any of Us, to be Altogether Innocent.  
As for the Other, Remaining Author, I shall say but very little: Let his Crime be what it will, yet it must be allowed, that there are Other Ways of calling him to an account for it, than by a Convocation; and therefore that this can be no Ground to Prove the necessity of their Meeting.  
There is yet one thing more advanced 
§. 17.  by this Author; not indeed as a Work which He thinks necessary for a Convocation directly to meet about, but as a Motive to show, How requisite it is that somewhat should be done by Them, in the Matters already mentioned; and that is, Fifthly, upon the account of those Mischievous Effects, which these various Opinions, and Heresies, have produced amongst the Laity. They are such, that, if we may Credit Him, a Convocation seems necessary, 
Letter p. 7.  not only for the Sake of the Faith, and Doctrine of the English Church, but even to preserve the Belief of any Revelation.— I am loath, says He, to be more particular; but the Cause, and the Effect, are Both plain.  
This is the last Effort; and 'tis pushed Home by Him. And here, I will not deny, but that the Disputes, which have arisen among us in matters of Religion, and the Diversity of Opinions advanced thereupon, may have done their Part to corrupt the Minds, and Manners of Many. When Men of Parts, and Passion, fall foul upon One Another,; and Religion is the Subject; and each accounts it a Proof of his Zeal for God, to maintain his Point, and His Honour, together: Whatever Party Prevails, Religion is sure to suffer; and 'tis Great Odds, but Both the Litigants are the Worse Men for it, as long as they live. I need not say, what an indecent Heat has appeared in several of our Late Controversies; and what a Vein of Levity, and Ra 〈…〉 ry, has run through some Others. And what a Tincture all these are apt to leave upon the Minds of those, who interest themselves in these kind of Quarrels; and what a diversion they afford to Men, of more Wit than Judgement; of more ill-Nature, than Piety; we have too much Experimented.  
But can this Author yet find out no other Cause, that may have contributed its Part, to these unhappy Effects, no less, if not more, than all these Disputes? I would to God there were no Other. But what then shall we say of our Factions, and our Divisions; our Resentments and Animosities; our Interests, and our Designs? What shall we say of Those new Schisms which These have produced? Such as, I believe, were never heard of before in the Church of Christ; And for the censuring, or Suppressing of which▪ if ●or Any thing, a Convocation seems to be truly the most wanted.  
In particular; What shall we say, of the Conversation, and Examples of some of those▪ who wait at the Altar; and by their Office and Profession seem engaged, beyond all Others, if not to help to Reform the World, yet certainly to take Care that they do not help to make it Worse. Whilst Pride, and Peevishness; Hatred and Evil-will; Divisions and Discontents, prevail among those who should teach, and correct Others; And instead of improving a true Spirit of Piety and Purity; of Love and Char 〈…〉; of Peaceableness and Humility; we mind little else but our several Interests, and Quarrels, and Contentions with one another: What wonder if we see but little Success of our Ministry, and are but little Regarded upon the account of it?  
We must Reverence our Office ourselves, if ever we mean that others should Reverence us, upon the accou 〈…〉 of it. A Teacher who is an Heretic, i● any Point of Doctrine, may do somewhat to Corrupt the Faith: But 'tis the Minister, who shows himself an Infidel in his Practice, that Roots up the very Foundations of Religion; and prompts Men to cast off, at once, all Belief of it.  
And thus have I considered those Evils, from whence this Author has endeavoured to show, that it is absolutely necessary, a Convocation should be called for the Redress of them.  
I go on  
[2dly.] To Examine, what He has Offered to prove, that nothing but a Convocation can do it.  
And: 1st. The Bishops, He says, 
§. 18. Letter p. 9  cannot safely proceed in Matters of Heresy, because of the Danger they may Incur thereby. But this is an Argument, that either really proves nothing; or, if it does, will prove more than He desires it should: It being certain, that the Convocation can no more declare Heresy, or proceed any farther in the Punishment of it, than any Single Bishop, by Law, may do. What is, by our Law, to be accounted Heresy, the Stat. of 1 Eliz. c. 1. has declared. And tho' that Statute particularly Refers to the High Commissioners; yet is it, by Construction, a Safe Rule for all Others to proceed by. As for the Punishment of it, I do not find it, in the least, doubted, but that a Bishop may proceed by Ecclesiastical Censures, against Heretics: And certain it is, that now they can Go no farther. So that here then there is no such mighty Danger; unless for those who would make more to be Heresy, than the Law has declared so to be. And if that be the Danger this Author speaks of, I believe all Wise, and Charitable Men, will desire, that they may be always liable to it. However, as I before observed; be the Hazzard what it will, the Convocation is subject to the same Limitations, that every single Bishop lies under: And the One, if they are too busy, may as easily run into a Praemunire, as the Other.  
2. As for the Authority of the Universities, 
§. 19 Letter pag. 11.  I confess it extends only to their Own Members. But yet so great a Number of Those, who make the chiefest Figure among Us, when they are Men, have commonly their Education there, in those Years, in which they ought to be well settled in their Principles of Religion, as ●ell as in their other Notions; that I cannot but account it a kind of P●●lick B 〈…〉 sit, to the Church and Kingdom, not only that those Great Bodies hold so Sound, and Entire; but that they are endued with a sufficient Power, to hinder any Contagious Principles to spread within them, and to infect their Members.  
His Majesty's Authority is next excepted against; as extending no farther than 
§. 20. 〈◊〉. p. 12.  to enforce the Exercise of those Powers, which (says He) I have already shown, and Experience proves, to be too short; Or clogged with too much Difficulty and Discouragement, to attain the End, we all so much want, and contend for.  
'Tis true, his Majesty does not pretend to enlarge his Supremacy, beyond those Bounds which the Laws of the Realm have set to it: Nor has he any Need so to do. The Authority of the King, in all these Matters, is, by Law, very Great, and extensive: And I believe few Evils can happen to the Church, which may not, in Good Measure, be provided for by it.  
But here our Author opens himself, and gives us a broad Hint, what it is He wants. He would have the Bishops, or rather, the Convocation, empowered to determine what they please, to be Heretical: And when they have done so, to proceed against their Own Members, it not against Others, accordingly. By Virtue of this Power, whatsoever Books were published by Men, whom they did not like, should be censured; and executed as Heretical; and the Authors be obliged to a Retractation of Them. And I am sometimes afraid, this Gentleman does really fancy the Convocation to have a certain Original, Inherent Right, in it, so to do.  
Should this be so, and should there chance to be any considerable Number of his Convocation Friends of the same Opinion; I shall only say, 'tis Happy for Them that they are not permitted to come together: For certainly they would quickly undo themselves, if they were. It can hardly be doubted, but that, upon this Supposition, one of the first things these Members would do, would be to fall soul upon Dr. Sherlock as an Heretic. Now let us only suppose the Dean to have as much Kindness for himself, and Regard to his Own Reputation, as we see the Men of the last Age had: And that he should thereupon take the same Course, to defend himself, that Dr. Standish before did. Who can tell what the Opinion of the Temporal Judges in such a Case might be? Or what they might make of their proceeding? And tho' King Henry the 8th let the Matter fall, and took no farther notice of it, yet should they now be deemed to have fallen under a Praemunire, by such an Attempt; who will ensure them that another Prince shall not take the Advantage of it?  
But, indeed, tho' when Men are Resolved to maintain an Hypothesis, 'tis no great matter what they affirm; and, in such a Case, his Majesty's Authority may seem nothing to them: yet I cannot imagine, what a Convocation can do, that the King may not as well, and much more safely, do, in these Matters. He can Forbid some Men to affect new Terms; Can discourage Others, who advance new Theories, to the detriment of the Authority of the Holy Scriptures. He can publish Rules for the Preaching of Some; and Orders to Reform the Vices of Others. But, indeed, he cannot by all this, or by any thing else that He can do, Oblige some Men: And therefore ought the less to be blamed, if he does not trouble himself to Go out of his Way, to gratify their peevish, and unreasonable Desires.  
4. And now we are come to the last 
§. 21. Letter p. 14, 15.  Authority; I mean that of the King and Parliament: and if this also be thought Unable to do Our Business, we may, I think, venture to Conclude, that the Immoderate Passion, which this Gentleman has for the sitting of a Convocation, does so Byass him, that He can Approve of nothing else.  
But why may not the Parliament be as well Qualified to put a Stop to the Looseness, or rather the Licentiousness, of our present Times, as the Convocation? That hitherto they have not 
Ibid. p. 14.  done it, is no Argument that they are either Unfit for, or Uncapable of doing it. That they are not Skilled in Divinity, 
Ibid. p. 15  may be a Good Argument to prove, that they are not so well provided to dispute with Heretics, as a Convocation may be; but does by no means hinder, but that they may be Able to take a much more Effectaul Way of dealing with Them. And I have before shown, that to enable them to know what is Heretical, it is by no means 
Letter p. 15.  necessary, that they should be nicely Skilled in the Languages of the Bible; much less that they should be Masters of all the Learned Fathers, or of the History of the Primitive Church. Let them stick to the Rule already Established by Authority of Parliament; 1 Eliz. c. 1. And provide only, that nothing be innovated, or attempted, contrary thereunto; and I believe it will puzzle the Convocation, to show, what could more effectually be done to support the Catholic Faith, or to suppress those Heresies, which, now especially, set themselves up in Opposition thereunto.  
As for the Papists Objection against 
Letter p. 15.  our Religion, as merely Parliamentary, it has been often answered; and would receive no great Strength, by the adding of one new Law in defence of the Catholic Faith. We cannot but remember, what Endeavours the Papists themselves once made, to get a Parliament for their Purpose. Could they have attained their Ends, and have got their Religion restored again, by a legal Authority; I believe they would hardly have thought the worse of it, for being Parliamentary; or have refused to let it be introduced, by the Will of the Prince, and the Authority of the Peers 
Ibid.  and Commons. And whatsoever this Gentleman may fancy, I dare say, the Parliament will always think, that it lies in the Breast of the King, and of that High Court, to determine, what shall be the National Religion; and have the Advantage of a Legal Establishment to support it. And I would desire this Author to tell us, if He can; Supposing an Act were drawn up upon his Own Terms, to prohibit all Persons to Write or Dispute in favour of Atheism, Deism, Socinianism, etc. Or any Books, relating to Religion, to be printed, or sold, that were not Licenced by the Archbishop of the Province, and approved by the Bishop of the Diocese, in which the Author Lived, (whose Name should evermore be set to them:) And were this Law enforced with suitable Penalities, and care taken, that those Penalties should be put in due Execution; I say, supposing such an Act were passed, let this Author judge, whether it would not be much more likely to put a Stop to the Presumption of such Persons, than ten thousand Canons made by the Convocation; tho' an Anathema were added to every one of them.  
And now our Author has but one thing more to do, and then He thinks 
§. 22.  he has cleared his Point beyond all Exception; and that is, to Obviate an Objection, which I perceive gives him some little Disturbance: And that is, 
Letter p. 13.  supposing, when the Convocation meets, somebody should have the Boldness to attempt to raise a Ferment in it, in Defence of Doctrines or Persons too justly liable to Censure. Now in this Case, he tells us, It's not to be doubted, but that the Piety, and Moderation, and Christian Courage of the Rest, would be soon Able to Suppress it, and to advance the Good Ends for which they are called. I am willing to indulge any Good Opinion of a Convocation, that any one can reasonably desire; and therefore shall not Oppose our Author in this. Only I must Observe, that all this is but a Conjecture, and must be left to Time to discover, when this Great Assembly shall be met, and these Persons be called to an account by them. The Proceedings of large Bodies are very Uncertain; And 'tis as hard to calculate beforehand how they will act, when they come together, as to compute at Christmas, which way the Wind will sit in March. A very little matter throws them into Disorder; and when Men think they have made their Party so strong, that nothing can Oppose them, yet we know how mistaken they have oftentimes been; and have seen all their Projects, by some indiscernible Accident, or Omission, brought to nothing.  
To conclude then; It is confessed 
§. 23.  that the Evils which this Gentleman here complains of, are certainly very Great; and it were much to be wished, that some Remedy might be thought of, that would effectually deliver us from them. But as there is no need to Assemble a Convocation to assert the Honour, and Innocency of our Church, and to show that she is no way consenting to Them; so if what former Synods have done to Correct them, be not sufficient; (as a sad Experience shows that it is not) I do not see what a new Convocation could pretend to do more, for the Suppression of them. Were a better Discipline settled in the Church; and a Vigorous Law made in Defence of our Faith, and to Restrain those scandalous Attempts that are made against it; this might possibly reduce our Disorders within some tolerable Bounds; but any thing short of this, would, I fear, signify very little. And when our Other Circumstances shall be so favourable, as to encourage the Government to think of this; I shall then readily Close in with this Gentleman, and confess, that it will not only be very sitting, but a matter of Duty, in the Prince, to call a Convocation; and to Require them to consider, how to Restore the Honour of Religion, and to suggest to his Parliament such Heads, as may be proper for them to pass into an Act, for the better Preservation of it in Times to come.    

CONCLUSION.  
AND thus have I done with the 
§. 24.  Reasoning of this Author; and, I hope, given a sufficient Answer, to Every Thing that can pretend to such a Character in his Letter. It may possibly be expected, that I should now take some Notice of those Reflections which he has made, with a more than Ordinary Freedom, upon all sorts of Persons; and upon none more than upon Those, who might have expected to have the least fallen under the Levitieses, and Scurrilities of such a Piece.  
But this is a Work of too ungrateful a Nature to be particularly pursued: And I am sensible, that in doing of it, I must either say very much less, than He has taken care to deserve; Or very much more, than I am willing to allow myself to do.  
It is, indeed, very sad to consider, what an Immoderate Liberty some Men indulge Themselves, on these Occasions. With what Readiness, nay with what Satisfaction, they catch at any thing that is scandalous; and may help to blacken Those, whom they do not Love. And if they can but give it a Witty Turn; or pass it off with a Little Grace, as if they were sorry to speak it; or unwilling to believe it; (tho' all the while it is apparent, that, by that very Insinuation, they hope to make it stick the more) they think they have done their Business: They have Guarded themselves against being called to account for it by Men; and, I am Afraid, they never once think, what Account they must give for it to God.  
It is, by this little Artifice, that this bold Writer, has presumed to vent 
§. 25.  such Calumnies against the Greatest, and best Men; as had they really been true, could hardly have been Reported without a Crime. Has traduced the 
Letter p. 22, 23.  King, as a Man of No Religion; but particularly, as no Friend to the Church of England. The Archbishop, as either 
Ibid. p. 22.  Ignorant of the Church's Interests; or too much a Courtier to trouble the King about them. The Bishops, as Men that 
Ibid. p. 66.  value not what becomes of the Church, so long as they can but keep their Honour, and their Dignity in the State. The Inferior Clergy as full of Discontents 
Ibid. p. 66, 67.  and Dissatisfaction; as Persons who have been ill used, and resent it accordingly. And, lastly, even the 
Ibid. p. 14, 15.  Parliament its self, as a Body, that has never yet done any thing in favour of Religion, nor that seems at all disposed to do any thing for the Advantage of it. And when such is the Case of all these, what wonder if he freely declares his Apprehension, of a General 
Letter p. 6, 7.  Conspiracy of all Sorts of Men among Us, to undermine the Catholic Faith; so that it is much to be feared no Order, no Degree, or Place among Us, is wholly free from the Infection.  
It would be endless for me to insist 
§. 26.  upon these and the like Reflections, which He seems industriously to have catcht at, in every Part of his Letter. I shall instead of all, examine the Story with which he concludes it, and so take my Leave of Him.  
There was, says He, a Time, when the 
Letter p. 67,  Clergy was deemed Public Enemies, and used as such; (viz. in the Reign of Edw. 1.) but it was upon a very Honourable Account; because they Asserted the Laws of the Realm. The King, at that Time, did by Commission, against the ancient Laws and Customs of the Kingdom, pretend to collect Money, without the Assent of Parliament; not from the Clergy only, but from the Earls, Barons and Commonalty of the Realm. The Latter did, too many of them, submit; the Clergy stoutly Resisted it: So that Sir Robert Brabazon, the King's Chief Justice, pronounced openly in the King's Bench, (in terrorem) that from thenceforth no Justice should be done at their Suit; and that Justice should be done against Them in the King's Courts, at any Man's Suit.  
This Passage I marked, when I first read the Institutes, as a very extraordinary one: ('tis pag. 529. 2 Inst) I suppose you will think it so too, and that England was then blessed with a Righteous Chief Justice.  
This is the Fable; and the Moral of 
§. 27.  it is not difficult. King William, is the Edward here meant: The present Clergy, are, like those here mentioned, deemed Public Enemies; but upon a very Honourable Account, because they Assert the Laws of the Realm; that is, stand up for Another Interest, and are Enemies to the Present Government.  
For this, they are not only Deemed Public Enemies, but are Used as such. Some of them have been turned out of their Preferments; Others have been Discountenanced, and not Preferred, according to their Deserts: because they also have Honourably stood up for the Laws of the Realm, that is, for another Interest; tho' they have again and again sworn Obedience to the Present Government; and some of them (tho' sore against their Wills) even Subscribed the Association, in Defence of it: To say nothing of Others, who were the most forward and busy, of any in the Kingdom, to help on the Revolution: and to establish that Government they now dislike.  
And this they have done at the same time that the Laity have, too many of them, submitted: And will, I hope, show that they are Able to defend the Government which they have established, against all the Enemies of it; tho' they are never so much censured and reviled, by these new Patriots, for their so doing:  
Having thus accounted for this Story, 
§. 28.  as related by this Gentleman, and that too, imperfectly, from Sir Edw. Cook; (Whose Authority in point of History, he is willing to allow of, tho' He cannot Away with it, in a Point of Law:) I shall in Justice to the Memory of that Great Prince, and most worthy Judge, give a true Account of this whole Matter; And let this Author, if He pleases, make as pertinent an Application of it for me, as (if I am not mistaken) I have done for Him.  
King Edward the 1st, having exhausted his Stores in the War of Scotland, 
Walsingh. p. 68  and that with Great Honour to Himself, and Advantage to the Nation; called his Parliament at St. Edmundsbury, the Day after All Souls, and accounted his Circumstances to Them. The Laity readily Granted him a Subsidy, as desired; but the Clergy, pretending their Fear of the Pope's Bull, denied, in any wise, to assist Him.  
Pope Boniface the VIIIth. being desirous to advance the Liberties of the Church; had, the Year before, published a Constitution, by which he sorbad the Clergy to pay any Taxes to their Prince, without the Pope's Consent; and Excommunicated as well the Receivers, as Payers, of such Taxes. This was the Bull which these Good Men stood upon; and this that Pope publishd, at the particular 
Wals. ibid. p. 69.  Desire of Robert Winchelsea, Archbishop of Canterbury, and of the Rest of the Clergy of England.  
The King, tho' he were sufficiently sensible of their juggling, and displeased at it; nevertheless gave them time, till the next Parliament, to consider what they had to do; and how to make some better, and more satisfactory Answer to Him. But, in the mean time, He caused all their Stores to be sealed up: And the Archbishop, to be even with Him, at the same time, ordered 
Mat W●ster. Ann. 1296.  this Bull of the Pope, to be published in all the Churches of his Province.  
The next Parliament being met at London, the Day after Hilary; the King again demands a Supply of them. They persist in their Denial; and the King thereupon puts them out of his 
W. thorn ad Ann. 1296. 1965. Col.  Protection: And holding his Parliament, with his Barons, without them; an Act is passed, by which all their Goods are Confiscated to the King's Use.  
In this State the Clergy were, when the Lord Chief Justice (as my Lord Coke says, Sir Robert Brabazon, who was then Chief Justice, not of the King's Bench, but of the Common-pleas:) declared to the Attorneys of the Bishops and Clergy, what the King, and Parliament, 
Henr. Knight. Col. 2491.  had done. He bade them acquaint their Masters, That from thenceforth no Justice could be done for them in the King's Court, tho' they should be never so much injured; but that Justice might be had against Them, by any who had need, and would move it to the Court.  
Now this was no more than declaring to them how the Law then stood, and still is, in the like Cases: And in which it is Agreed, that Men Attaint, 
Nous Rep. Hastings and Blakes Case.  or Outlawed, shall be put to answer in Any Action against them; because it is to their Prejudice: But in an Action brought by Them, they shall not be Answered; because it is to their Benefit So that if the Chief Justice committed any Fault, it must be either in Obeying the Law, or in declaring to their Council what Incapacities the Clergy lay under: That is, for acting uprightly in his Place, and judging according to the Laws of the Realm; which is not wont to be accounted a Crime in such Persons.  
The truth is, there is hardly a Man of those Times, upon whom this Author could more unluckily have Reflected, than this Sir Robert Brabazon. He was made Second Justice of the Common-pleas, by King Edward 1st. about the 18th Year of his Reign. Seven Years he served his Prince in that Station, and was then, for his Merits, created Lord Chief Justice of that Court: Anno 24. Edw. 1. In the first Year of his Son King Edw. 2. He was sworn anew into his Place: And about Seven Years after, had the Care of the Treasury committed to him, till a Lord Treasurer should be chosen, which was done about a Year after. And being thus Grown Old in the Service of his two Masters, and disabled to attend any Longer at his Court; that he might sit down with Honour, He was, in Consideration of his Great Fidelity, chosen into the King's Council, and in that Quality, ended his Life.  
This is the Man, whom this discreet Author has endeavoured to Bespatter; and this was the Crime, for which he so tragically exclaims against Him.  
And now, upon the whole matter, let this Gentleman freely say, What he has to except against, in the Conduct of this Great Prince? Or whether, upon a true State of this Matter, He will espouse the Cause of the Archbishop and Clergy? Here is a brave, and warlike Prince, engaged in a War of the utmost Consequence, to his Country and People. He carries it on, himself, with Vigour, and ends it with Glory. He forces his Enemy, not only to yield to Him; but to Own his Authority, and do him Homage. Being Returned with Victory, He calls his Parliament; and is Readily assisted by his Lay Subjects to pay his Debts, and prepare himself against his Other Enemies. Only his Clergy, not only Refuse to contribute to the Defence of their Country, but put an Indignity, of the basest Nature, upon their King. Like the Pharisees, with their Vow of Corban; they first procure the Pope to pass an Order against their assisting of Him, and then, (with a Jewish Hypocrisy) look demure, and pretend: That truly they would Assist him, with all their Hearts, but the Pope has forbidden it, And they dare not do it.  
In return to this Usage, the King determines no longer to afford his Protection to those, who had delivered themselves up to Another Interest; and thereupon refused to contribute any thing to the Support of the Government, by which they were secured in the peaceable Enjoyment of their Own Rights, and Estates. And the Parliament thought his Resolution so just, that they closed in with it; and readily confirmed it with their Authority.  
This was the Case of the whole Clergy then; and it is but too like the Case of some of them Now. And the Effect was, that being, by this means, brought to a Sense of their Duty; the greatest Part of them presently submitted to the King; and All, the next Year, granted a Supply to Him: And have thereby left us this Observation, That the only way to deal with some Persons, is to treat them as they deserve: And to let them know, that those are unworthy of the Protection of the Government, who are Embarked in an Interest different from it; and Refuse to Contribute to the Necessities of it.    

APPENDIX: CONTAINING Some PUBLIC ACTS; and Other Collections, referred to in the Foregoing Discourse.   

APPENDIX.  

I.  
The Ancient Form of summoning an Abbot to Parliament. Ex Reyner: Apost. Benedict. p. 149. Append. Part. iii num. LXIX.  
HEnricus, Dei Gratia Rex Angliae, 
Sub Henr. iii  etc. N. Abbati S. Albani. Quia de Av●samento consilii nostri, pro quibusdam arduis & urgentibus negotiis Nos, & Statum, & Defensionem Regul nostri Angliae, & Ecclesiae Anglicanae contingentibus, quoddam Parleamentum apud (Westminster, tali die) teneri Ordinavimus, & ibidem Uobiscum, & cum Ceteris Prelatis, Magnatibus, & Proceribus dicti Regni nostti, Colloquium habere & tractatum: Uobis in ●ide, & dilectione, quibus Nobis tenemini firmiter injungendo Mandamus, Quod consideratis dictorum negotiorum Arduitate, & Periculis imminentibus, Personaliter intersitis; Nobiscum, ac cum Prelatis, Magnatibus, & Proceribus predictis, super predictis Negotiis tra●taturi, Uestrumque Consilium impensuri; & hoc sicut nos, & Honorem nostrum ac Salvationem, & Defensionem Regni & Ecclesie predicte, Expeditionemque dictorum Negotiorum diligitis, nullatenus Omittatis: Teste meipso.  

The Parliament Abbots thus summoned. Ex Eod.  
1. Abbas Glastoniae.  
2. Abbess S. Augustini Cant'.  
3. Abbess S. Petri Westmonaster'.  
4. Abbess S. Albani.  
5. Abbess S. Edmundi de Bury.  
6. Abbess S. Petri de Burgo.  
7. Abbess S. Johannis Colcestriae.  
8. Abbas Eveshamiaes.  
9 Abbas Winchelcumbiae.  
10. Abbas Croylandiae.  
11. Abbas de Bello.  
12. Abbas Redingiae.  
13. Abbas Abendoniae.  
14. Abbas Salopiae.  
15. Abbess S. Petri Gloucestriae.  
16. Abbas Bardeneyae.  
17. Abbess S. Benedicti de Hulmo.  
18. Abbas Thorneiae.  
19 Abbas Ramseiae.  
20. Abbas Hydae.  
21. Abbas Maimesbiriae.  
22. Abbess S. Mariae Eborac'.  
23. Abbas Selbeyae.  
24. Abbas Tavestoke.  
25. Prior Conventriae.    

II.  
The Ancient Writs of Summons, of a Bishop to Parliament. Cl. 49. H. 3. M. 11. Dors. in Schedula.  
HEnricus, dei Gratia Rex Angliae, Dominus Hiberniae, & Dux Aquitaniae, venerabili in Christo Patri R. eadem Gratia Episcopo Dunelm. Salutem. Cum post Gravia turbationum diserimina dudum habita in Regno, Charissimus Filius Edwardus, Primogenitus noster, pr● pace in Regno nostro Assensuranda, & Firmanda, Obses traditus extitisset; & jam sedata (benedictus Deus) turbatione predicta, super deliberatione ejusdem salubriter providenda, & plena securitate, & tranquilitate pacis, ad Honorem Dei, & Utilitatem totius Regni nostri, firmanda, & totaliter complenda, ut super Quibusdam al 〈…〉 is Regni nostri Negotus, que sine Consilio vestro & aliorum Prelatorum, & Magnatum nostrorum nolumus expediri, cum iisdem tractatum habere nos oportet: Uobis Mandamus, Rogantes in fide & dilectione quibus nobis tenemini, quod Omni Occasione post-posita, & Negotiis al 〈…〉 s pretermissis, sitis ad nos London. in Octabis S. Hilarii proxim. futur. Nobiscum, & cum predictis Prelatis & Magnatib●s nostris, quos ibid. vocari fecimus, super premissis tractatur. & Concilium impensur. Et hoc sicut Nos, & Honorem nostrum & vestrum, nec non & Communem Regni nostri tranquilitatem diligitis, nullatenus Omittatis. Teste meipso, xiiii. Decemb. Anno Regni nostri 49.  

§. 2.  
Cl. 23. Ed. 1. M. 4. Dors.  
Rex, venerabili in Christo R. eadem gratia Cantuariensi Arcihepiscopo, totius Angliae Primati, salutem. Sicut lex justissima provida circumspectione sacrorum Principum Stabilita, Hortatur & statuit, ut quod omnes tangit, ab omnibus approbetur; sic & innuit evidenter, ut communibus periculis, per Remedia provisa communiter obvietur. Sane satis nostis, & jam est, ut credimus, per universa mund▪ Climata divulgatum, qualiter Rex Franciae de terra nostra Vasconiae nos fraudulenter, & cautelose decepit, eam nobis nequiter detinendo: ●unc vero predictis fraude & nequitia non contentus, ad expugnationem Regni nostri classe maxima & Bellatorum copiosa multitudine congregatis, cum quibus Regnum nostrum, & Regni ejusdem incolas, hostiliter jam invasit, linguam A●glicam, si concepte iniquitatis proposita detestabili potestas correspondeat, quod Deus avertat, omnino de Terra delere proponit. Quia igitur previsa jacula minus ledunt, & Res vestra maxime, sicut ceterorum Regni ejusdem Concivium, agitur, in hac parte Uobis mandamus in fide & dilectione quibus nobis tenemini firmiter injungentes, quod die dominica proxima post festum S. Martini in hyeme proximo futurum, apud Westminster personaliter intersitis. PRAEMUNIENTES Priorem & Capitulum Ecclesie vestre, Archidiaconum, totumque Clerum vestre Dioecesis, facientes, quod iidem Prior & Archidiaconus in propriis personis suis, & dictum Capitulum per unum, idemqon Clerus per duos Procuratores idoneos, plenam & sufficientem potestatem ab ipsis Capitulo & Clero habentes, una Uobiscum intersint, modis omnibus, tunc ibidem, ad Tractandum, Ordinandum, & Faciendum, Nobiscum, & cum ceteris Prelatis & Proceribus & aliis Incolis Regni nostri, qualiter sit hujusmodi periculis & excogitatis Maliciis obviandum. Teste Rege apud Wengeham: xxx. die Septembris.   

§. 3.  
The last Clause of this Writ, as it was settled 15 Ed. 2. compared with the same as it is now.  

15 Ed. 2.  
PRAEMUNIENTES Priorem & Capellanum Ecclesie vestre Cant. Archidiacon. totumque Clerum vestre Dioces● quod iidem Prior & Archidiacon. in propriis Personis suis, & dictum Capellanum per Unum, Idemque Clerus, per duos Procuratores Idoneos, plenam & sufficientem potestatem ab ipsis Capellano & Clero habentes, una Uobiscum intersint, modis omnibus tunc & ibidem; ad faciendum & consentiendum hiis que tunc & ibidem de Communi Consilio (favente Deo) Ordinari contigerit, super Negotiis antedictis. Et hoc nullatenus Omittatis. Teste meipso.   

13 Elizab.  
PRAEMONENTES Decanum & Capitulum Ecclesie Uestre Cant. ac Archidiacon. totumque Clerum vestre Dioeces. Quod iidem Decanus & Archidiacon. in propriis personis suis, ac dictum Capitulum per Unum, Idemque Clerus per duos Procuratores Idoneos, plenam & sufficientem Potestatem ab ipsis Capitulo & Clero divisim habentes, predictis die & loco personaliter intersint, ad Consentiendum His que tunc Ibidem, de Communi Consilio dicti Regni nostri, divina favente Clementia, contigerint Ordinari. Teste Meipsa.     

III.  
The Forms of the Convocationwrits, before and since the Reformation.  
REX, etc. Reverendissimo in Christo 
Before the Reformation.  Patri A. Cantuariensi Archiepiscopo, totius Angliae Primati, & Apostolicae Sedis Legato; salutem. Quibusdam arduis & urgentibus Negotiis Defensionem & Securitatem Ecclesie Anglicanae, ac Pacem, Tranquillitatem, & Bonum Publicum, & Defensionem Regni nostri, & Subditorum nostrorum ejusdem concernentibus; Uobis in fide & dilectione, quibus nobis tenemini, Rogando mandamus, quatenus premissis debito intuitu attentis & ponderatis, universos & singulos Episcopos vestre Provinciae, ac Decanos, & Praecentores, Ecclesiarum Cathedralium; Abbates, Priores, & alios Electivos, Exemptos & non Exemptos; Nec non Archidiaconos, Conventus, Capitula & Collegia, totumque Clerum, cujuslibet Dioeceseos ejusdem Provinciae, ad Conveniendum coram Uobis in Ecclesia S. Pauli London. vel alibi, prout melius expedire videritis, cum omni celeritate accommoda, modo debito convocari faciatis: Ad tractandum, consentiendum, & concludendum super Premissis, & aliis que sibi clarius proponentur, tunc & ibidem, ex parte nostra. Et hoc sicut nos, & Statum Regni nostri, & Hovorem & Utilitatem Ecclesie predicte diligitis, nullatenus Omittatis. Teste Meipso.  

§. 2.  
Elizabetha Dei Gratia, etc. Reverendissimo, 
Since the Reformation.  etc. Salutem. Quibus dam arduis & urgentibus Negotiis, Nos, securitatem & defensionem Ecclesiae Anglicanae, ac Pacem & Tranquillitatem, Bonum Publicum, & Defensionem Regni nostri, & Subditorum nostrorum ejusdem concernentibus; Uobis in fide & dilectione, quibus Nobis tenemini Rogando Mandamus, quatenus premissis debito intuitu Attentis & Ponderatis, Universos & Singulos Episcopos vestre Provinciae, ac Decanos Ecclesiarum Cathedralium, nec non Archidiaconos, Capitula, & Collegia, totumque Clerum cujustibet Dioecesis ejusdem Provinciae, ad comparendum coram Uobis in Ecclesia Cathedrali S. Pauli London, tertio die Aprilis proxime futuri, vel Alibi, prout melius expedire videritis, cum omni celeritate accommoda, modo debito convocari faciatis. Ad tractandum, consentiendum, & concludendum, super Prem●ssis, & Aliis que sibi Clarius exponentur tunc ibidem ex parte nostra: Et Hoc, sicut Nos, & Statum Regni nostri, ac Honorem & Utilitatem Ecclesie predicte diligitis, nullatenus Omittatis. Teste meipsa apud Westm. xuj. die Februarii, Anuo Regni nostri tertio▪ decimo.    

IV.  
An Act concerning the Submission of the Clergy to the King's Majesty. 25 H. 8. c. 19  
WHere the King's most Humble and Obedient Subjects, the Clergy of this Realm of England, have not only knowledged according to the Truth, that the Convocations of the same Clergy, are always, have been, and aught to be Assembled, by the King's Writ; but also submitting themselves to the King's Majesty have promised (in verbo Sacerdotii) that They will never from henceforth presume to attempt, allege, claim, or put in ure, or enact, promulge, or execute, any New Canons, Constitutions, Ordinance, Provincial or Other, Or by whatsoever Name they shall be called in the Convocation, unless the King's most Royal Assent and Licence may to them be had, to make, promulge, and execute the same, and his Majesty do give his most Royal Assent and Authority in that Behalf.— Be it therefore now Enacted, by Authority of this present Parliament, according to the said Submission and Petition of the said Clergy, that They, ne Any of Them from henceforth shall presume to attempt, allege, claim, or put in ure, any Constitutions or Ordinances, Provincial, or Synodals, or any other Canons: Nor shall enact, promulge, or execute any such Canons, Constitutions or Ordinance Provincial, by whatsoever Name, or Names, they may be called in their Convocations in Time Coming, which always shall be Assembled by Authority of the King's Writ, unless the same Clergy may have the King's most Royal Assent and Licence, to make, promulge, and execute, such Canons, Constitutions, and Ordinances Provincial or Synodal; upon pain of every one of the said Clergy, doing contrary to this, and being thereof convict, to suffer Imprisonment, and to make fine at the King's Will.  
— Provided always that no Canons, Constitutions, or Ordinances shall be made, or put in Execution within this Realm, by Authority of the Convocations of the Clergy, which shall be Contrariant or Repugnant to the King's Prerogative Royal, or the Customs, Laws, or Statutes of this Realm; any thing contained in this Act to the contrary hereof notwithstanding.   

V.  
The Commission, sent by King Charles Ist. to the Convocation of 1640.  
1. Charles' by the Grace of God, etc. To all whom these Presents shall come, Greeting. Whereas in and by One Act of Parliament made at Westminster in the 25th. Year of the Reign of King Henry VIIIth, reciting that whereas the King's Humble and Obedient Subjects, the Clergy, etc. [Reciting all verbatim, as in the Extract, Numb. iv.] And lastly it is provided by the said Act, that such Canons, Constitutions, Ordinances and Synodals Provincial, which then were already made, and which then were not Contrariant or Repugnant to the Laws, Statutes, and Customs of this Realm, nor to the Damage or hurt of the King's Prerogative-Royal, should then still be used and executed as they were before the making of the said Act, until such time as they should be viewed, searched, or otherwise Ordered and Determined by the Persons mentioned in the said Act, or the more Part of them, according to the Tenor, Form, and Effect of the said Act; as by the said Act (amongst divers other things) more fully, and at large, it doth, and may Appear.  
2. Know ye that we, for divers urgent and weighty Causes and Considerations us thereunto especially moving, of Our especial Grace, certain Knowledge, and mere Motion, have by Virtue of our Prerogative Royal, and Supreme Authority in Causes Ecclesiastical given and granted, and by these Presents do Give and Grant full, free, and lawful Liberty, Licence, Power and Authority unto the most Reverend Father in God William Lord Bishop of Canterbury, Primate of all England, and Metropolitan, Precedent of this present Convocation for the Province of Canterbury, during this Present Parliament, now assembled, and to the Rest of the Bishops of the same Province, and all Deans of Cathedral Churches, Arch-deacons, Chapters, and Colleges, and the whole Clergy of every several Diocese within the said Province; That they the said Lord Archbishop of Canterbury, Precedent of the said Convocation, and the Rest of the Bishops, and other the said Clergy of this present Convocation, within the said Province of Canterbury, or the greater Number of them, (whereof the said Precedent of the said Convocation to be always One:) Shall, and may, from Time to Time, during the present Parliament, Propose, Confer, Treat, Debate, Consider, Consult, and Agree, upon the Exposition, or Alteration, of any Canon or Canons now in force; and of, and upon, any such Other New Canons, Orders, Ordinances and Constitutions, as they the said Lord Bishop, Precedent of the said Convocation, and the rest of the said Bishops, and other the Clergy of the same Province, or the Greater Number of them (whereof of the said Lord Bishop of Canterbury, Precedent of the said Convocation to be One) shall think necessary, fit, and convenient, for the Honour and Service of Almighty God, the Good and Quiet of the Church, and the better Government thereof, to be from Time to Time observed, performed, fulfilled, and kept, as well by the said Lord Bishop of Canterbury, the Bishops, and their Successors, and the rest of the whole Clergy of the said Province of Canterbury, in their several Callings, Offices, Functions, Ministries, Degrees, and Administrations; as also by all and every Dean of the Arches, and other Judges of the said Bishops Courts, Guardians of Spiritualties, Chancellors, Deans and Chapters, Archdeacon's, Commissaries, Officials, Registers, and all and every Other Ecclesiastical Officers, and their Inferior Ministers, whatsoever, of the same Province of Canterbury in their, and every of their distinct Courts, and in the Order and Manner of their, and every of their Proceedings, and by all other Persons within this Realm, as far as lawfully, being Members of the Church, it may concern them: And further, to confer, debate, treat, consider, consult and agree, of and upon such other Points, Matters, Causes and Things, as We from Time to Time shall deliver, or cause to be delivered, unto the said Lord Bishop of Canterbury, Precedent of the said Convocation, under our Sign-manual, or Privy-Signet, to be debated, considered, consulted, and concluded upon; the said Statute, or any Other Statutes, Act of Parliament, Proclamation, Provision, or Restraint, heretofore had, made, provided, or set forth; or any other Cause, Matter, or thing whatsoever, to the contrary notwithstanding.  
3. And we do also, by these Presents, give and grant unto the said Lord Bishop of Canterbury, Precedent of the said Convocation, and to the Rest of the Bishops of the said Province of Canterbury, and unto all Deans of Cathedral Churches, Arch-deacons, Chapters, and Colleges, and the whole Clergy of every several Diocese within the said Province, full, free, and lawful Liberty, Licence, Power and Authority, that They the said Lord Bishop of Canterbury, Precedent of the said Convocation, and the rest of the said Bishops, and other the Clergy of the same Province, or the greater Number of them, (whereof the said Precedent of the said Convocation to be One) all and every the said Canons, Orders, Ordinances, Constitutions, Matters, Causes and things, so by them from Time to Time conferred, treated, debated considered, consulted, and agreed upon, shall and may set down in Writing in such Form as heretofore hath been accustomed; and the same, so set down in writing, to exhibit and deliver, or cause to be exhibited and delivered unto Us, to the End that we, upon mature Consideration by Us to be taken thereupon, may Allow, Approve, Confirm, and Ratify; or otherwise, Disallow, Anhillate, and make void, such and so many of the said Canons, Orders, Ordinances and Constitutions, Matters, Causes and Things, or Any of them so to be by force of these presents considered, consulted, and Agreed upon, as we shall think fit, requisite, and convenient.  
4. Provided always, that the said Canons, Orders, Ordinances, Constitutions, Matters, and Things, or Any of them, so to be considered, consulted, and agreed upon, as aforesaid, be not contrary, or repugnant to the Liturgy established, or the Rubrics in it; or the xxxix Articles; or any Doctrine, Orders, and Ceremonies of the Church of England, already established.  
5. Provided also, and our express Will, Pleasure, and Commandment is, That the said Canons, Orders, Ordinances, and Constitutions, Matters, Causes and Things, or any of them, so to be by force of these presents considered, consulted, or agreed upon; shall not be of any Force, Effect, or Validity in the Law, but only such, and so many of them, and after such Time, as we by our Letters Patents under our great Seal of England, shall allow, approve, and confirm the same; Any thing before in these Presents contained to the contrary thereof notwithstanding. In Witness whereof we have caused these our Letters to be made Patent; Witness ourselves at Westminster the 15th. Day of April, in the xvith. Year of our Reign. Per ipsum Regem. Willis.  
The Canons, and the King's Declaration in Confirmation of them, made hereupon, are already extant in Sparrow's Collection. pag. 335.   

VI  
A Specimen of Convocations, anciently held without Parliaments; or at different Times from Them; till the latter End of King Henry viiiths. Reign.  

ANno 1297. The Convocation sat March 26: But the King was then absent upon his Expedition in Scotland, and held not his Parliament till the End of the Summer, first at Berwick; and after that at St. Edmunds-bury, November 3. Wals. p. 68  
Anno 1316. 9 Ed. 2. The Writ of Summons to the Convocations bears date Febr. 17. to meet post xv Pasch. The Parliament was summoned the 16 Octob. before to meet in Quinden. S. Hilarii.  
Anno 1328. The Convocation was held at London, the Friday after the Purification: The Parliament was held at Winchester, the first Week in Lent after. Wals. p. 129.  
Anno 1342. The Convocation met Oct. 10. But I do not find that any Parliament sat that Year.  
Anno 1408. A Convocation, and Parliament: The Dates I have not: But the former met at Oxford, the latter at Gloucester.  
Anno 1413. The Convocation met on Trinity Sunday: The Parliament sat May the 15th; being the Third Week in Easter foregoing.  
Anno 1417. The Convocation met November 6. The Parliament sat not till November 16th.  
Anno 1439. The Convocation met November 1. I find not any Parliament that Year.  
Anno 1463. The Parliament sat April the 29th: The Convocation met not till July 6.  
Anno 1466. The Convocation sat April 26. I find no Parliament this Year.  
Anno 1486. The Convocation met February 13: The Parliament sat November 7. foregoing.  
Anno 1538. A Convocation: No Parliament.   
Thus stood this matter, till about the End of King Henry viiiths. Reign. Since which (excepting in the Case of the Convocation of 1640) it has, I think, been the usual Custom, for the Convocation to sit, only in Time of Parliament.   

VII.  
An Abstract of several things, relating to the Church, which have been done since the 25 H. 8. by Private Commissions, Or Otherwise, out of Convocation.  

25 H. 8. THirty two Persons Appointed to Review, etc. the Canons of the Church, and to Gather together out of them such as should, from thenceforth, alone be of force in it. See the Act. c. 19  
1536. Injunctions by the King. Bishop Burnet Hist. Ref. pag. 225.  
— Order for the Translation of the Bible. Ibid. pag. 195, 249, 302.  
1538. New Injunctions. Ibid. 249.  
— Explication of the chief Points of Religion: published at the Close of the Convocation, but not by it. Ibid. p. 245.  
1539. A Committee of Bishops appointed by the Lords, at the King's Command, to draw up Articles of Religion. Ibid. p. 256.  
— The vi. Articles, on which the Act passed, brought in by the Duke of Norfolk, and wholly carried on by the Parliament. Ibid. p. 256, etc.  
1540 A Committee of Divines employed to draw up The necessary Erudition of a Christian Man. Ibid. p. 286.  
— Another Commission appointed to examine the Rites and Ceremonies of the Church. Ibid. p. 294.  
1542. The Examining of the English Translation of the Bible, being begun by the Convocation, is taken by the King out of their Hands, and committed to the two Universities. Ibid. p. 315.  
1544. The King order the Prayers for Processions, and Litanies, to be put into English; and sends them to the Archbishop with an Order for the Public Use of Them. Ibid. p. 331.   

King Edward VI.  
1547. The King order a Visitation over his whole Kingdom, and thereupon suspends all Episcopal Jurisdiction while it lasted. Bishop Burnet. Hist. Ref. Vol. II. p. 26.  
— The Homilies composed. Ibid. p. 27.  
— Articles, and Injunctions, set forth. p. 28.  
1548. New Injunctions: Ibid. Append. p. 126.  
— An Order of Council for Removing Images. Ibid. p. 129.  
— Directions, by the Council, to the King's Preachers. Ibid. p. 130.  
— A Committee of Select Bishops and Divines, appointed to Examine and Reform the Offices of the Church. Ibid. Hist. p. 61, 71.  
— A new Office of Communion set forth by them. Ibid. p. 64.  
— This made way for the Act of 1548. p. 93. and 1551. Ibid. p. 189.  
1549. An Order of Council forbidding Private Masses. Ibid. p. 102, 103.  
— The Forms of Ordination, Appointed by Act of Parliament ordered to be drawn up by a special Committee, of Six Bishops, and Six Divines; to be named by the King: Ibid. p. 141, 143.  
1552. The Observation of Holydays ordered by Act of Parliament. Ibid. p. 191.  
1553. A new Catechism, by the King's Order, required to be taught by Schoolmasters. Ibid. p. 219.   

Queen Elizabeth.  
1559. The Queen's Injunctions: q. v. Ibid. p. ●98.   

King James I.  
1603. The Conference at Hampton-Court. Fuller Ch. Hist. p. 21.  
1607. An Order for a new Translation of the Bible; the King directs the whole Process of it. Ibid. p. 44. etc.  
1618. A Proclamation by the King, concerning Sports, and Recreations, to be allowed of on the Lordsday. Ibid. p. 74.   

King Charles I.  
— Directions concerning Preaching, with respect to the Arminian Points.   
I have set down these Remarks, in this, and the foregoing Number; for the most part, as they lay in my Collections; and, I hope, they are Exact: Tho', at present, I have not either Time, or Opportunity, to make so careful an Examination, as I ought to do, of several of Them.   
FINIS.   

Books printed for Richard Sare at Grays-Inn-Gate in Holborn.  
THE Genuine Epistles of St. Barnabas, St. Ignatius, St. Clement, St. Polycarp, the Shepherd of Hermas, etc. Translated and published in English. 8 ●.  
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