copacy, in this state of degeneracy, encroaches upon the crown CHARLES in the four following particulars. 1. speech ex His first instance is in bishop Hall's late book, wherein it is Bagshaw's asserted, that episcopacy, both in the office and jurisdiction, amined. is jure divino; and that, in matters purely spiritual, this is no more than truth, I have fully proved in the first volume of this work. But to go on with Mr. Bagshaw, who pretends this assertion is directly contrary to the laws of England. His first proof is brought from the statute of Carlisle, 35 Ed. I., where it is said, as sir Edward Coke reports, that the Coke's Church of England is founded in the state of prelacy, by part 5. CauReports, the king of England and his progenitors. But that these dry's case. words relate to revenues and endowment, may partly be collected from what follows, where it is said the design of this foundation was to enable the bishops to keep hospitable houses, and relieve the poor. Further: that the first Saxon kings-to mention no other-did not pretend to convey the powers in the episcopal character, nor so much as to fill the vacant sees, is sufficiently shown in the first part of this history. His next proof is taken from Magna Charta, cap. 1, where the king declares, "Concessimus Deo et Ecclesiæ Anglicanæ omnes libertates," &c. To this it may be answered, in the first place, that Magna Charta was commonly supposed to be nothing more than a confirmation of the subjects' right. Secondly, it is said, "Concessimus Deo,"-we have granted to God. Now, could Bagshaw suppose the king would pretend to grant God any new power or jurisdiction? It is plain, therefore, the charter must be understood of secular privilege and jurisdiction. And, when these things are settled upon the Church, they are said to be given to God, because they are designed for the support of his worship, and the encouragement of those who represent him. His third argument, from 37 Hen. VIII. cap. 17, has been considered already in the reign of that prince, and thither I refer the reader. For his second encroachment of the hierarchy upon the crown, he only produces a common saying,-" No bishop, no king; no mitre, no sceptre." But this is only fighting a phantom and pursuing his own shadow, and requires no further consideration. His third instance of the hierarchy "trenching upon the crown," as he calls it, was the maintaining the bishops a LAUD, third estate in parliament; "and, therefore, the king and Abp. Cant. parliament could not be without them." This he utterly denies, and makes the king one of three estates. But, notwithstanding this categorical language, the archbishops, bishops, and clergy, are expressly declared to be one of the "greatest states of this realm." And that the bishops are essential to the legislature no less than the temporal lords and commons, is granted by sir Edward Coke. 8 Eliz. cap. 1. Coke's fol. 1. The fourth pretended encroachment is the bishops holding ecclesiastical courts in their own names, and not in the name of the king, nor by commission from him, contrary to the statute 1 Edw. VI. cap. 2. But this objection, having been already answered, shall be passed over. Bagshaw, in the conclusion of his speech, makes a further discovery of his disaffection to episcopacy, and declares, that, had he lived in Scotland, France, Geneva, or the Low Countries, he should Rushworth's have been for Presbyterian Church government. Hist. Coll. part. 2. p. 1343. Lord Dig. by's speech. Statute book. 796. The lord Digby thought the late convocation misbehaved themselves, and harangued strongly against their proceedings. He conceives their taxing the clergy an invasion of the subjects' right, and calls their benevolence a malevolence; and the levying this benevolence by synodical acts, and under the penalties of excommunication and deprivation, is complained of as intolerable oppression, and an encroachment upon the civil legislature. But, notwithstanding these tragical expressions, the clergy had always the privilege of taxing their own body. Neither from Magna Charta until the thirty-seventh of Henry VIII. is there any parliamentary confirmation of subsidies given by the clergy. For what reason this custom was afterwards altered is not easy to account for. It is possible it might be for the benefit of the crown, and for the better securing the payment of the money granted; for, since the Reformation, the jurisdiction of the Church was much sunk, and her censures less regarded. Now the convocation could proceed no further than spiritual penalties. They had no authority over the secular magistrate, neither could they command the justices of peace to levy their subsidies by distress; and therefore, that the crown might not be disappointed of the money granted by the convocation, their subsidies from the thirty-seventh of Henry VIII. downwards, were generally confirmed by act of parliament. But that the clergy's granting 1. the king a benevolence without such confirmation, exceeded CHARLES their power, is more than is proved. Had the convocation pretended to tax the laity, the objection had been good. But to contest their authority for raising money upon their own body, is to cross upon custom and known privilege: neither could the clergy without doors reckon this a grievance, for they had already given their consent for this purpose in their procuratorial letters; for in this instrument, signed and sealed by the electors for convocation, they engage themselves to allow and abide by the proceedings of their clerks and proctors. Besides, there was a precedent in queen Elizabeth's Se ratum reign in defence of this practice. For in the year 1585, the acceptum convocation granted a subsidy or benevolence, and levied the habere quicmoney by synodical authority, without any confirmation from procuratores the parliament; neither was this at all complained of. This fecerint, vel instance was suggested to the archbishop of Canterbury in the May last, and the convocation record appealed to for the truth Appendix to of the fact. quid dicti sui dixerint, constituerint. Dr. Atter bury's cation. cation sits, On the 4th of November the convocation met at St. Paul's; Powers, &c. Rights, the sermon was preached by Bargrave, dean of Canterbury, of a ConvoThe lower house chose their old prolocutor, and adjourning to The convoking Henry VII.'s chapel, the archbishop made a speech: he but does lamented the unhappiness of the times; put them in mind of nothing. the storm rising upon the Church; exhorted them to perform the duty of their respective places, and stand their ground with resolution. There was nothing of moment transacted in this convocation. But Warmister, one of the clerks for the diocese of Worcester, made a motion which must not be forgotten; it was, that according to the direction of the Levitical law, they should endeavour to cover the pit which they had opened that is, they should prevent their enemies, and null the offensive canons which had passed in the last convocation. But the house seemed to have a better opinion of the canons, and rejected the motion. However, Warmister being disappointed, published a long speech upon this subject, and ran a satire upon some of the canons. But all this remonstrance was not reckoned merit enough to protect him afterwards from sequestration. About a week forward, Williams, lord bishop of Lincoln, Bishop was discharged from his imprisonment in the Tower; the Williams enlarged, house of Lords having applied to the king for this purpose, LAUD, The next day being a public fast, this prelate was brought into Abp. Cant. the Abbey-church at Westminster by six bishops, and officiated as dean there. The commons, according to custom, went to St. Margaret's church; and here, while the second service was reading at the communion-table, the audience began to sing some of Hopkins' metre, and disturbed the office. This breaking in upon the prayers was somewhat surprising; but the commons, it seems, had a mind to acquaint the people L'Estrange's with part of their design. The service disturbed at St. Marga ret's. Hist. of K. Charles 1. p. 206. The earl of Strafford impeached. The earl of Strafford, who commanded the English army, came up to London at the king's instance, and ventured himself with the parliament. This, both by himself and his friends, was thought a step somewhat too hardy. But the caution was overruled by his majesty, who promised his protection, and reWhitlock's fused to dispense with his absence at the council-board. However, this nobleman's apprehensions of danger were too well founded; for upon his appearing in the house he was impeached for high treason by the commons, committed to the black rod, and sent to the Tower soon after. Memoirs. The government being now in a visible declension, Burton and Pryn got loose from their confinement, and made a pompous entry into London, being attended from Brentford by several thousands of horse and foot, with rosemary in their hats. Thus the king's courts of justice, which had censured these men, were openly insulted; and the criminals were admitted to the house of commons to prefer petitions against the L'Estrange, prosecutors. Hist. of K. Charles 1. The resolves of the Com By this countenance the Puritan faction was further animated to attack the Church. And alderman Pennington, with a retinue of some hundreds, came to the house of commons and presented a petition, subscribed by fifteen thousand Londoners, though not in the name of the corporation. paper exhibited a strong complaint against the ceremonies and discipline of the Church of England; but containing too much matter for sudden despatch, it was postponed to a time of more leisure. This Upon the 15th of December the commons attacked the late convocation in form; and resolved, nullo contradicente "1. That the clergy of England, convened in any convocamons against tion or synod, or otherwise, have no power to make any con the canons. stitutions, canons, or acts whatsoever in matter of doctrine, CHARLES discipline, or otherwise, to bind the clergy or laity of the land, without common consent of parliament. "2. That the several constitutions and canons ecclesiastical, treated upon by the archbishops of Canterbury and York, presidents of the convocation for the respective provinces of Canterbury and York, 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, do not bind the clergy or laity of this land, or either of them." The next day the same subject being resumed, it was resolved, nullo contradicente "1. That these canons and constitutions ecclesiastical, treated upon by the archbishops of Canterbury and York, presidents of the convocations for the respective provinces of Canterbury and York, and by 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, in the year 1640, do contain in them many matters contrary to the king's prerogative, to the fundamental laws and statutes of this realm, to the rights of parliament, to the property and liberty of the subject, and matters tending to sedition, and of dangerous consequence. "2. That the several grants of the benevolences or contributions granted to his most excellent majesty by the clergy of the provinces of Canterbury and York, in the several convocations or synods holden at Canterbury and York, a.d. 1640, are contrary to the laws, and ought not to bind the clergy." 797. Rushworth, part 2. p. 1365. The making these canons was afterwards urged against the archbishop at his trial, with all the aggravations already mentioned. But I find no proof produced to support the Troubles, charge. Hist. of the &c. of Archbishop bishop of The next day, Mr. Denzil Hollis was sent up from the lower Laud, p. 154. 283. house to the lords, with an impeachment of high treason against The archarchbishop Laud. And to give a stronger colour upon the prose- Canterbury cution, the Scotch joined him in the charge with the earl of and the ear! of Strafford Strafford, as a public incendiary. Upon this impeachment he impeached. |