thence that the convocation might sit independent of the parliament, and therefore, instead of dissolving, they only adjourned for a few days to take farther advice.* The zealous archbishop, relying upon this single precedent, applied to the king for a commission to continue the convocation during his majesty's pleasure, in order to finish the canons and constitutions, and to grant the subsidies already voted. The case being referred to the judges, the majority gave it as their opinion, "that the convocation being called by the king's writ under the great seal, doth continue till it be dissolved by writ or commission under the great seal, notwithstanding the parliament be dissolved." Signed May 14, 1640, by John Finch, Custos, M. S. H. Manchester, Ralph Whitfield, Edw. Littleton, John Bramston, Rob. Heath, John Banks. Upon this a commission under the great seal was granted, and the convocation reassembled; however, notwithstanding the opinion of these gentlemen of the long robe, Dr. Hacket, Brownrigge, Holdisworth, and others, to the number of thirty-six, protested earnestly against it, though because the session was warranted by so many considerable persons, they did not withdraw, nor enter their protest in form of law, as they ought to have done.t. They were farther so influenced by his majesty's message sent by sir H. Vane, secretary of state, to acquaint them, " that it was his royal pleasure, that none of the prelates or clergy should withdraw from the synod or convocation, till the affairs they had in command from the king were perfected and finished." Upon this dubious foundation the convocation was continued, and a committee of twenty-six appointed to prepare matters for the debate of the house; but the mob being so inflamed as to threaten to pull down the convocation-house, the king appointed them a guard of the militia of Middlesex, commanded by Endymion Porter, groom of the bedchamber, a Papist, under whose protection the synod was continued till the canons were perfected, and six subsidies granted by way of supply for the exigence of his majesty's affairs, to be collected in six years, after the rate of four shillings in the pound, amounting to about 120,000l. after which it was dissolved [May 29], by a special mandate or writ from + Fuller's Church History, b. 9. p. 168. Fuller's Appeal, p. 67.69. his majesty, after it had continued twenty-five sessions. The canons, having been approved by the privy-council, were subscribed by as many of both houses of convocation as were present, and then transmitted to the provincial synod of York, by whom they were subscribed at once, without so much as debating either matter or form. Dr. John Williams, bishop of Lincoln, was in the Tower, and had no concern with the canons. Dr. Goodman, bishop of Gloucester, a concealed Papist, was the only prelate who declined the subscription; till the archbishop threatened him with deprivation, and the rest of his brethren pressing him to comply, he was persuaded to put his name to the book; but several of the members of the lower house avoided the test, by withdrawing before the day of subscription; for out of above one hundred and sixty, of which both houses of convocation consisted, there were not many more than one hundred names to the book. The unreasonableness of continuing the synod after the dissolution of parliament appears from hence, that the convocation consisting of bishops, deans, archdeacons, and clerks, the three former act in their personal capacities only, and may give for themselves what subsidies they please; but the clerks being chosen for their respective cathedrals and diocesses, legally to sit as long as the parliament continues, desist from being public persons as soon as it is dissolved, and lose the character of representatives; they are then no more than private clergymen, who, though they may give the king what sums of money they please for themselves, cannot vote away the estates of their brethren, unless they are re-elected. Besides, it was contrary to all law and custom, both before and since the act of submission of the clergy to king Henry VIII. except in the single instance of queen Elizabeth. The canons of this synod, consisting of seventeen articles, were published June 30, and entitled, "Constitutions and canons ecclesiastical, treated upon by the archbishops of Canterbury and York, presidents of the convocation for their respective provinces, and the rest of the bishops and clergy of those provinces, and agreed upon with the king's majesty's licence, in their several synods begun at London and York 1640."* * Nalson's Collection, p. 545. Canon 1.-Concerning the Regal Power. "We ordain and decree, that every parson, vicar, curate, or preacher, upon one Sunday in every quarter of the year, in the place where he serves, shall read the following explanation of the regal power: "That the most high and sacred order of kings is of divine right, being the ordinance of God himself, founded in the prime laws of nature and revelation, by which the supreme power over all persons civil and ecclesiastical is given to them. "That they have the care of God's church, and the power of calling and dissolving councils, both national and provincial. "That for any persons to set up in the king's realms any independent coercive power, either Papal or popular, is treasonable against God and the king. And for subjects to bear arms against their king, either offensive or defensive, upon any pretence whatsoever, is at least to resist the powers ordained of God; and though they do not invade, but only resist, St. Paul says, they shall receive damnation. "And though tribute and custom, aid and subsidy, be due to the king, by the law of God, nature, and nations, yet subjects have a right and property in their goods and estates; and these two are so far from crossing one another, that they mutually go together for the honourable and comfortable support of both. "If any clergyman shall voluntarily and carelessly neglect to publish these explications, he shall be suspended; or if in any sermon, or public lecture, he shall maintain any position contrary hereunto, he shall be forthwith excommunicated and suspended for two years; and if he offend a second time he shall be deprived." Canon 2.-For the better observing the Day of his Majesty's Inauguration, "The synod decrees and ordains, that all persons shall come to church the morning of the said day, and continue there till prayers and preaching are ended, upon pain of such punishment as the law inflicts on those who wilfully absent themselves from church on holy days." Canon 3.-For suppressing the Growth of Popery. "All ecclesiastical persons within their several parishes or jurisdictions, shall confer privately with Popish recusants, but if private conference prevail not, the church must and shall come to her censures, and to make way for them, such persons shall be presented at the next visitation, who come not to church, and refuse to receive the holy eucharist; or who either say or hear mass; and if they remain obstinate after citation, they shall be excommunicated. "But if neither conference nor censures prevail, the church shall then complain of them to the civil power; and this sacred synod does earnestly entreat the reverend justices of assize, to be careful in executing the laws, as they will answer it to God. And every bishop shall once a year send into the court of chancery, a significavit of the names of those who have stood excommunicated beyond the time limited by law, and shall desire, that a writ de excommunicato capiendo may be at once sent out against them all. "Care is likewise to be taken, that no person be admitted to teach school, but who has subscribed to the church as the law directs; and that no excommunicate person be absolved by any appeal, unless he first take the oath de parendo juri et stando mandatis ecclesiæ." Canon 4.-Against Socinianism. "It is decreed, that no persons shall import, print, or disperse, any of their books, on pain of excommunication, and of being farther punished in the star-chamber. No minister shall preach any such doctrines in his sermons, nor student have any such books in his study, except he be a graduate in divinity; and if any layman embrace their opinions, he shall be excommunicated, and not absolved without repentance and abjuration.' [N. B. None of the doctrines of Socinus, nor any of his peculiar sentiments, are mentioned in this canon.] Canon 5.-Against Sectaries. "The synod decrees, that the canon above mentioned against Papists shall be in full force against all Anabaptists, * Dr. Grey supplies here from Nalson- or such as have episcopal or archidiaconal ordination, or any doctor of laws in order as is aforesaid."--ED. Brownists, Separatists, and other sectaries, as far as they are applicable; and farther, the clause against the books of Socinians above mentioned, shall be in force against all books written against the discipline and government of the church of England. "It is also ordained, that such persons who resort to their parish-churches to hear the sermon, but do not join in the public prayers, shall be subject to the same penalties with other sectaries and recusants." Canon 6.—An Oath for preventing Innovations in "The synod decrees, that all archbishops, bishops, priests, and deacons, shall, before the 2d of November next, take the following oath, which shall be tendered by the bishop in person, or some grave divine deputed by him, and shall be taken in presence of a public notary.” The oath. "I, A. B. do swear, that I do approve the doctrine, discipline, or government, established in the church of England, as containing all things necessary to salvation; and that I will not endeavour by myself or any other, directly or indirectly, to bring in any Popish* doctrine, contrary to that which is so established; nor will I ever give my consent to alter the government of this church by archbishops, bishops, deans, and archdeacons, &c. as it stands now established, and as by right it ought to stand, nor yet ever to subject it to the usurpations and superstitions of the see of Rome. And all these things I do plainly and sincerely acknowledge and swear, according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation, whatsoever; and this I do heartily, willingly, and truly, upon the faith of a Christian. So help me God in Jesus Christ." "If any beneficed person in the church shall refuse this oath, he shall after one montht be suspended ab officio; after a second month he shall be suspended ab officio et be In his majesty's duplicate of this canon, sent by the archbishop to the bishop of Ely, the word Popish is omitted, as it is in the duplicate sent to the vice-chancellor of Cambridge, and several others. † Allowed to inform himself." |