A. C. 1706. (which the Lower Houfe always expect fhould be 'fent down to them) then, and not before, the whole 'Lower Houfe moved towards the Door; and the Prolocutor along with them: till the Bishop of Sarum call'd out to them to ftay; If I am guilty of A pretended Miftake a Miftake, twas without any Malicious Intention, in the last and purely thro'Mifinformation: But that fome MemYear's An- bers of the Lower Houfe committed fome Irregularity nals ac either on that Occafion, or afterwards, plainly apFounted for. pears by the following Letter from the Queen, to the Archbishop of Canterbury : Letter to erbury. Superfcribed, To the Moft Reverend Father in God, Our ، ANNE R. M° The Queen's MOST Reverend Father in God, Our Right Trusty and Right Entirely beloved Counsellor, We greet the Archbi- you well. In Our Letter to you, bearing Date the 25th hop of Can- Day of February, 1705, which We directed to be communicated to the Bishops and Clergy of the Convocation of your Province, We declar'd Our Refolution to maintain Our Supremacy and the due Subordination of Presbyters to Bifhops, as fundamental parts of the Conftitution of the Church of England. We did hope that fo "plain a Declaration of Our Royal Intention would have "been a fufficient Warning to thofe of the Clergy, whofe • Innovations (contrary to the Duty they ow'd to Us and their Ecclefiaftical Superiors) gave us occafion to make it. Yet contrary to Our Expectation We understand, that not only the former illegal Practices are continued, but alfo, by the Proceedings laid before Us by You and their Suffragans, that the left Prorogation of the "Convocation held before you, which You made by Our Command, fignified in Our Writ under Our Great Seal, has been by divers of the Clergy of the faid Convocation, in their Application to You, reflected on as Unprecedented and contrary to the ancient and conftant Ufage of the Convocation, which your felf and the Bifhops of your Province were bound " in Confcience to have feen maintained and preferv'd to them. We are fatisfy'd thet Affertion is untrue' in Point of Fact, and amounts to a plain Invafion of Our . Royal Royal Supremacy, which is repofed in Us by the Law A. C. 96 and the Conftitution of the Church of England; and 1706. that their Subfequent Declaration being evafive, and contrary to what They had before done, hath rather aggravated than leffened the Guilt of fo dangerous an Attempt. As Our repeated Admonitions do fufficiently fhew Our Tenderness for the Clergy; fa, Our firm Refolution to preferve the Conftitution of the Church of England, as by Law Establish'd, and Our Rightful Supremacy, if any thing of the like nature be attempted for the future, will make it necessary for Us (how unwilling foever we are to proceed to thofe Meafures) to ufe fuch means for the punishing Offences of this nature, as are warranted by Law. All which we require you to communicate to the Bishops and Clergy of your Province in Convocation affembled; and fo We bid you heartily farewel. Given at Our Court at St. Fames's the Eighth Day of April 1707. In the Sixth Year of Our Reign. By Her Majefty's Command. SUNDERLAND. This Letter was communicated to Both Houfes of Convocation; but the Lower-Houfe having continu'd Sitting, notwithstanding the Prorogation by the Archbishop of Canterbury, an Action of Contumacy was commenced and continued in the Upper Houfe, against Dr. Bincks, Prolocutor to the Lower Houfe, whereupon the latter * made the following Proteftation. NOS Prelati Clerus Inferioris Domus Convocationis, Protefta Suprematus Regii jura, pro officii noftri ratione, tion of the quantum in nobis eft, tueri cupientes, Proteftamur in Lower his Scriptis contra omnimodum proceffum poft decimum House of diem inftantis Aprilis habitum vel habendum in caufa Convoca quadam contumacia dicto die in Superiori Domo Convoca- tion, tionis inchoata, & ad hunc ufque Diem, viz. tricefimum April 30. diem Aprilis continuata; nec non contra omnimodam Sententiam poft dictum decimum diem Aprilis in eadem caufa five latam, five ferendam : Quam quidem Sententiam, una cum proceffu antedicto, propter Prorogationem Convocationis virtute brevis Regii dicto decimo die Aprilis factam, Suprematus Regii juribus adversam esse arbitramur, illegitimam, atque omnino nullam. "WE That is, E the Dignitaries and Clergy of the Lower 'Houfe of Convocation, defiring, as we are in Duty bound, to maintain as much as in us lies, the A. C. 1706. Dr.Bincks Submits. Writers check'd. Sentenc'd the Rights of the Regal Supremacy, do hereby Protest against all manner of Proceedings had or to 'be had after the 10th Day of this Inftant April, in a certain Caufe of Contumacy, commenc'd on the 'faid Day in the Upper Houfe of Convocation, and 'thence to this Day, viz. the 30th Day of April, continued: As alfo against any Sentence whatever in the faid Caufe decreed, or to be decreed, after the faid 10th Day of April: Which Proceedings and Sentence we do, by reafon of the Prorogation of the Convocation made by the Authority of the Royal Writ on the faid Tenth of April, conceive to be derogatory to the Rights of the Queen's Supremacy, Unlawful, and altogether Null. This Proteftation was (the fame Day it was made) 'deliver'd to the Archbishop, by Dr. Bincks; who, however, making a formal Submiffion to his Grace, not many Days after, the Profecution against him was fuperfeded. Several Perfons, either prompted by their own ill Humour, or which is more probable, either acted,. or at least countenanc'd by fome Great Men out of Place, having of late, in their Writings, ftretch'd too far the Liberty of English Men, and prefum'd too much on the Mildnefs of Her Majefty's Government, the Miniftry thought fit to give a seasonable Check to their Licentious Pens. The first Man Licentious that was profecuted this Year, was Mr. William Petti, who being convicted of Writing, Printing and Publishing, a Scandalous and Seditious Libel, Mr. Pettis Reflecting upon Her Majefty and the Government, Entituled, The Cafe of the Church of England's Memo- ~ April 25 rial fairly Stated: Or, a Modeft Enquiry into the Grounds of thofe Prejudices that have been entertained against it, was upon the 25th of April, Fined for the fame by the Court of Queens-Bench, One hundred Marks, and And Pilloto ftand in the Pillory, the next day at Charing-Cross, ried, April for the space of one Hour, between 11 and One in the Afternoon, with a Paper on his Head denoting his Offence, and alfo to ftand in the Pillory the 29th of the fame Month, near the Royal Exchange in Cornbill in like manner. This Sentence was executed accordingly; and before he was difcharged out of Mr. Saw- Prifon, he was to give Security for his good Behaviour for Two Years. George Sawbridge, convicted 26 and 29. bridge red. of of publishing the faid Libel, was the fame day, by the faid Court, Fined 200 /. and committed to the Queen's Bench Prifon in Execution till he pay the fame, and alfo to be brought by the Marfhal of the faid Prison to all the Courts at Westminster, upon the 26th of April, the faid Courts fitting, with a Paper upon his Head denoting his Offence, which was done accordingly; and before he was difcharged out of Prifon, he was likewife to give Security for his good Behaviour for the Space of Two Years. A. C. 1706. On the 30th of April, in the Morning, the Cafe D. Drake's of Dr. James Drake, indicted for Writing a Pamph-Cafe argulet call'd Mercurius Politicus, was argued at the Queen'sed and adBench Bar. It appear'd that in the Libel, fet forth journ'd, in the Information, the Word Nor was inferted, and April 30. in the Libel given in Evidence, the Word Not: upon Arguing of which Error the Court inclined for the Party accufed; whereupon the Trial was adjourn'd. In the Afternoon of the fame day Dr. Jofeph Brown D. Brown was tried at Guildhall,before the Ld Chief Juftice Holt, foandGuil for handing to the Prefs a Paper of Verfes, call'd, ty, Ditto. The Country Parfon's Advice to the Lord Keeper, wherein in a grofs ironical Wey, the Archbishop of Canterbury, the Dukes of Southampton, Richmond, Somerset, Bolton, and Devonshire; the Earls of Montague, Pembroke, Effex, and Orford; the Lords Sommers, Mohun, Haverfham, Wharton and Hallifax; and the Bishop of Serum, were fcurriloufly reflected upon. Charge being plainly proved by the Printer, and by Mr. Lewis, Secretary to Mr. Secretary Horley, the Jury brought the Prifoner in Guilty. Some time after, Dr. Brown receiv'd Sentence to ftand in the He fands Pillory, which was executed upon him. in the Pila The On the fixth of May, being the laft day of theory. Term, Judge Powel, in the Court of Queen's-Bench, pronounc'd Sentence against Mr. William Stephens, Rector of Sutton in Surry, for Writing a Seditious Pamplet, called, A Letter to the Author of the Memorial of the State of England, (mention'd in the last Year's Annals, pag. 272.) which contain'd most Scandalous Reflections on the Duke of Marlborough's Conduct laft Campaign, and against Mr. Secretary Harley. The Judge told the Prifoner, That his Offence was the greater, in that it was the Duty of his Calling to teach others the pofitive Precept of the Gof! pel, about the Reverence we ow to Sovereigns, and A. C. 1706. Mr. Ste phens receives Sent tence to and thofe that are in Authority under them; but that his Crime was ftill the more heinous, in Abufing the Duke of Marlborough, a Peer who had done 'fuch Glorious Actions for his Country, and fo well 'deferv'd of the Common Caufe: Adding, with Refpect to the Secretary, That the Traducing the Queen's Minifters, was a downright Abufe upon her Majefty herself. Mr. Stephens would have Stand in fpoken fomething by way of Submiffion, but the the Pillory. Judge pronounc'd the Judgment of the Court against him, which was, "That he fhould be fin'd 100 "Marks, ftand, twice in the Pillory, with a Paper 'fix'd to his Hat, denoting his Offence; the first. time the Thursday following, between the Hours of 12 and 2 at Charing-Croß, and the next day, at the 6 fame Hours, before the Royal Exchange; And that he fhould give Sureties for his good Behaviour for 'a Twelve-Month. However, it being reprefented and confider'd, that the inflicting fuch a degrading and ignominious Punishment, on a Perfon in Holy The Pillory Orders, might give Offence to the whole Character, remitted. the Execution of this Sentence was firft fufpended, Dr. Drake and, at laft, the Pillory remitted; though with this mortifying Circumftance, that Mr. Stephens was brought to a publick Houfe at Charing-Cross, from, whence he faw the fatal Scaffold; and Multitudes of People gathering to be Spectators of his Difgrace. On the 6th of November, the Court of Queen'sacquitted. Bench gave Judgment for Dr. Drake, in the Cafe relating to his Writing Mercurius Politicus. and Mr. Ward. Sentence a- Dr-Jofeph Browne being convicted of Writing and gainst Dr. Publishing a Scandalous and Seditious Libel, EntiBrowne tuled, A Letter to the Right Honourable Mr. Secretary Harley, by Dr. Browne, occafion'd by his 'late Commitment to Newgate: Together with his 'Interpretation of that Paper called, The Country 'Parfon's Advice to my Lord Keeper, laid to his "Charge;) Reflecting upon the great Officers of State, and feveral of the Nobility of this Kingdom; was on Thursday the 14th of November, fined for the fame, by the Court of Queen's-Bench, 40 Marks, and ordered to ftand in the Pillory two days after at Charing-croß for the fpace of one Hour, between 12 and They ftand 2 in the Afternoon, with a Paper on his Head denoin the Pil-ting his Offence, which he did accordingly: And lory. he was alfo to ftand in the Pillory on Monday the |