1705. Proceedings in the Convocadon. THE HISTORY O F ENGLAN D. BOOK XXX. CHAP. II. Proceedings in the convocation.-Promotions in the churchand in the fate.Affairs of Ireland.--Of Scotland.-The duke of Marlborough marches to Triers.-Expects the prince of Baden, who fails him.-The French take Huy and Triers. -Their lines fored by the duke of Marlborough. His attacking the French oppos'd by the Dutch.-Proceedings on the Rhine. The emperor Leopold's death and character.-Affairs of Italy-of Spain and Portugal-in Catalonia and Valentia-in Hungary and Poland.--A parliament chofen in England. The queen's fpeech to her 2d parliament.- Addrefs about the union.-Debates about the next fucceffor.-A bill for a regency oppos'd -Remarks on the proceedings of the tories. Secret management in the house of commons-Regencybill paffes.-Complaints of the allies rejected. Act against the Scots repeal'd.Queen's Speech about the Spanish affairs. Danger of the church enquired into.-The church declared to be out of danger by lords and commons.-Public credit very high.-Complaints of, and progress of papery.—Scheme for a public library-Bills to regulate law proceedings.-Parliament prorogued, with a fpeech.-Proceedings in the convoca tion. T HE convocation fat at the fame time with the par liament: though it was then fo little confidered, that scarce any notice was taken of them; and they deferved that no mention should be made of them. As the houfe of commons thought fit, in their addrefs at the beginning of the feffion, to put the fucceffes by fea and land on a level, the lower houfe of convocation were refolved to follow their example, and would have the fea and land both mention 1705. mentioned in the fame terms; but the bishops would not vary from the pattern fet them by the houfe of lords; fo no addrefs was made by the convocation. The lower-house continued to proceed with much indecent violence, and brought up injurious and reflecting addreffes to the upperhoufe, which gave a very large exercife to the patience and forbearance of the archbishop and bifhops. On December 1, they presented another reprefentation, fignifying their grief at the general complaint of the clergy, that, though convocations had been held now for fome years after a long difcontinuance, yet the public had not hitherto reaped the benefits that might be expected: That this tended to difparage the conftitution of the church, and tempted some to fpeak against the neceffity and usefulness of ecclefiaftical fynods. They promife, for time to come, to do what they can to filence that complaint: and intimate, that the fault did not lie in them that more had not been done. That the unhappy disputes between the two houses had been their hindrance, but that they neither raised them, nor omitted any means they could contrive for bringing them to a regular determination. They begged leave again to take notice of the many pernicious books that were published and difperfed, and requested their lordfhips (as formerly) to ufe their intereft in parliament for a bill to reprefs the licentioufnefs of the prefs. They reprefented alfo the increafing difficulties of the parochial clergy, about adminiftring the holy facrament indifferently to all perfons that demand it, in order to qualify themselves for offices; because they saw not how they could in feveral cafes act comformably to the rubricks and canons of the church, in repelling fuch perfons as were unworthy, and particularly notorious fchifmatics, without expofing themselves to vexatious and expensive fuits at law. They beg they would use their interefts for the freeing them from thefe difficulties, and, in the mean time, give them directions how to behave themselves under fuch exigencies. The archbishop and bishops made large remarks on this paper. They obferve, that it was not directed to the prefident, whom they had endeavoured to deprive of his ancient title. They tell them, that it is they, who, by their unwarrantable claims and encroachments, made it impoffible for the convocation to do the church any service. That, fhould their innovations run on, there would be a new danger of prefbytery; for prefbyters would be enabled hereafter to bid defiance to their ecclefiaftical fuperiors, and to act independently GA 8 04 1705. pendently from them in the highest and most general concerns of the church. That it is ftrange any of the clergy should understand fo little of the conftitution, as to complain, that no bufiness is finished, when the royal licence has not enabled them to begin any: Or, that they fhould hope, that an attempt to do bufinefs, while this was wanting, could have any other effect than the increafing differences. For that they would be ftill running into irregular practices, against which their brethren would enter their proteftations, and against which their lordfhips muft find fome other method of proceeding. That their lordships could not but look upon the feeming earneftnefs of the clergy to proceed to business, as a defign to render themfelves popular, and their fuperiors odious: And that it was dangerous to those whom they reprefented. That in 1689 the lower-house was for fuperfeding all bufinefs, with a royal licence in their hands, &c. That there are laws and canons in being fufficient to correct and punish offenders. That, if any thing hindered difcipline, it was the reproaches induftriously fpread amongst the clergy against the bishops and their proceedings. That the prefent difputes grew purely from the attempts of fome of the clergy to difengage themselves from the authority of the bishops, by privileges, which their predeceffors never claimed nor pretended to, and therefore they were amazed at their folemn contrary declaration. The fteps the bishops had taken are reckoned up, by which they had teftified their defire of peace and good agreement. That the convocation has really no authority to pafs fuch cenfures upon books as they defired: That grievances of the clergy may be regularly offered by their reprefentatives in convocation, But that it is without precedent for prefbyters to expect, that their metropolitan and bishops should be accountable to them for their conduct and behaviour in their feveral vifitations. And that, as concerning directions about their refufal of the holy facrament to unworthy perfons, they could give them no better than the rubrics and canons of the church, which he, that would strictly and religiously obferve, could not be wanting, either in a dutiful regard to his fuperiors, or in a confcientious care of the flock. The lower-house fent up two other papers, in one of which they complain of the diflenting teachers prefuming to adminifter baptism in private houses, and of the increase of non-licenfed fchools and feminaries; and in the other they accufe the bishop of Sarum of infinuating, that many of the perfons, concerned in preparing their their reprefentation of grievances laft winter, were enemies 1705. to their lordships, the queen, and the nation *. As the lower houfe ftill held their intermediate feffions, the archbishop, on February 14, asked the prolocutor, if they had held any intermediate feffions fince the laft fynodical day: The prolocutor answered, they had held one the Monday before. The archbishop told him it was very irregular, and that he admonished them to hold no more intermediate feffions, which was a violation of the prefident's right, and contrary to the constant custom of convoca tions. February 23. The prolocutor told the archbishop, that their houfe had taken his admonition into confideration; and represented in return, that they had not been guilty of any irregularity by their intermediate feffion; that the holding fuch feffions, as oft as they shall see cause, is no violation of the prefident's right, nor contrary to the custom of convocations, but an unquestionable right of the lower houfe, from which they could not depart. And that, if the admonition was intended as judicial, they protefted against it as void and null, and of no effect in law, and to which no obedience can be due: And desired, that this their anfwer and proteftation (for which they were ready to affign their reasons) might be entered in form by the register in the acts of the day. However, this put a stop to their intermediate meetings, for they would not venture on the cenfures, that must in courfe follow, if no regard was had to the admonition. On March 15, at the final prorogation, the archbishop difmiffed them with a wife well-compofed fpeech. He told them, that, whereas they had brought up many complaints, the greatest part of them did not require any anfwer, after so many former expreffions of the judgments and refolutions of the bishops concerning them. That their paper, of December 1, was of fo undutiful a nature, that it might juftly be accounted an act of clemency in their lordships to pass it by without cenfure: And yet they drew up obfervations upon it, and entered them in their regifter, and they might be feen by any one that defired it. That there is no fuch thing as adjournments, in the language or practice of convocations; and that prorogations have been all along managed by commiffaries, from the restoration to the revoJution. That their representation concerning unlicenfed fchools Alluding to his charge at his triennial vifitation, 1704. 1705. schools and feminaries was a matter of law. That their former complaints against the bishop of Sarum had not fufficient ground. That, in what they now complained of, the bishop referred to flying reports fet about to the prejudice of the upper house, which they had all reafon to complain of; though they prayed God to forgive the guilty, and pitied those who were led away by wilful and perpetual mifreprefentations. That their lordships would govern themselves by the articles and rubricks, the canons and ftatutes; and that they knew no way of retrieving the honour of convocations, but by the departing of the clergy of the lowerhouse from unwarrantable claims and innovations, and returning to the ancient canonical methods. Promoti He added, that this convocation was near an end, and a new one would probably be fummoned: And thaf, if new occafion fhould be offered, he should think himself obliged to exert his authority, seeing no better fruit had been reaped from his paft conduct, which fome afcribed to fear, and others to remiffness. And he told them, he wished, that the clergy of the next convocation might govern themselves by the conftitution as it is, and not as they would desire it might be; that they might not divide in two that body of the convocation, which is but one; but prevent all irregularities, and thereby all cenfure, by meeting together with fuch peaceable tempers and dutiful difpofitions, as became their function and order. The governing men among the lower-houfe were headftrong and factious, and defigned to force themselves into preferments by the noise they made, and by this ill humour that they endeavoured to fpread among the clergy, who were generally foured, even with relation to the queen herself, beyond what could be imagined poffible. Before the queen went to Cambridge, fhe refolved at ons in the laft to fill the fee of St. David's, which had now been long Church. vacant. Dr. Bull was promoted to it, in the room of Dr. Burnet. Watson, deprived for his enormities (1). Bull had writ the most learned treatise the age had produced, of the doc (1) Watfon's affair was debated this laft feffion in the houfe of lords, which the queen came to hear in perfon. His bufinefs had been kept long on foot in the courts below, by all trine the methods of delay that lawyers could invent: After five years pleading, the concluding judgment was given in the Exchequer, that he had no right to the temporalities of that bishop |