For the received laws and liberty of the Church the king hath supreme authority and power, but against them, none. Ibid. book 8. c. ii. 17.

(11) Sentencia lata super cartas, &c. Statutes at Large, 21 Hen. III.

(12) The famous statute of Magna Charta, both at its making and confirmation, more resembles a federative treaty than an act of the legislature. Wooddesson's Lectures on the Law of England, vol. i. p. 13.

(13) In primis concessimus Deo et hac præsenti carta nostra confirmavimus pro nobis et heredibus nostris imperpetuam quod ecclesia Anglicana libera sit et habeat omnia jura sua integra et libertates suas illæsas. Statutes at Large, 9 Hen. III.

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(14) A true idea of this part of our constitution is given by Sir Henry Spelman, in his treatise on the Ancient Government of England," who compares it to an arch, and says, "That the common law is but the half arch of the government, tending on to the temporal part thereof, and not unto the ecclesiastical. That he cannot well present the one without the other, and must therefore take a project of the whole arch, that so the strength and uniformity in both parts may the better be conceived. As, therefore, each side of an arch descendeth alike from the cone or top point, so both the parts of that their government was alike deduced from the king." Part 2. p. 49.

(15) Caudrey's case. 5 Coke's Reports, p. viii.

(16) Blackstone's Commentaries, vol. i. ch. 6. p. 235 n., where the form of oath in the reign of Edward IV. is transcribed.

(17) In the year 1717 the lower house of convocation drew up a hostile representation respecting Bishop Hoadley's " Preservative against the Non-jurors," and "Sermon on the Kingdom of Christ" written in defence of the existing government, and shielded by their public approbation, but it had not yet been laid before the Bishops, when the king's government sent down a writ of prorogation, being warned by the great scandal of some former controversies, and determined to protect a prelate who was the earnest advocate of their own opinions. From that day the convocation appears to have been doomed to a perpetual silence. Preface to Cardwell's Synodalia, p. xviii.

(18) The first of these ecclesiastical synods recorded to be holden in Britain was in the year 429, for stopping the progress of the Pelagian heresy. Bede's Ecclesiastical History, b. 1. c. 17. See also the account of the synod heid by Augustine and the British Bishops, b. 2. ch. 2.

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(19) In the case of Bird and Smith (Moore, p. 783) the Lord Chancellor called to his assistance Popham, Chief Justice; Coke, Chief Justice of the Common Pleas, and Flemming, Chief Baron, and they all agreed,— 3. "That the canons of the Church made by the convocation and the king without the parliament were binding in all matters ecclesiastical, as well as an act of parliament. For they say that by common law every bishop in his diocese, archbishop in his province, and the convocation in the nation, may make canons to bind within their limits: for that the convocation of the clergy was once a member of the parliament of this realm, and after severed for ease, and carry their peculiar function with them into the house of convocation ; whereby when the convocation makes canons of things appertaining to them, and the king confirms them, they will bind the whole realm."

(20) It is so obvious to every one's understanding, so suitable to common sense and reason, that it will require but little argument to prove, that as they are most conversant with spiritual persons, and in spiritual things, they must certainly best know, and are best able to give their advice in relation thereto; and as his Majesty has an undoubted right to consult and advise with whom he pleases, so his own wisdom will direct in the choice of his counsellors to those whom he thinks most capable; and he has a right to the obedience and advice of his subjects when he is pleased to require it. The prelacy was therefore founded and endowed with honours and possessions by the kings and nobles of this realm, that he might have persons of distinction to assist him in all spiritual matters, who might likewise, by their station, be the best judges of all spiritual persons.

Agreeable to this design of their institution has been the uniform practice of our princes and parliaments ever since the Reformation.

Is there any order of men in the kingdom that is better acquainted with spiritual persons and spiritual things, than the bishops and clergy; or any that have the prosperity of religion, or the good of the Church, as by law established, more at heart? Why does the prince, in matters relating to the army, advise with his generals; in matters relating to the navy, with his admirals; in the revenue, with the managers of his treasury? but that these, by the experience they have acquired, and the application they give to the business in their several stations, are presumed to be most capable of giving right advice. And although at some times and in some instances it should happen that the advice they give is not right, this does not affect the general rule; nor does it discourage princes from continuing to use the assistance of any of those, who are best qualified by their stations to give them true accounts of persons and things.

It is true, that in some cases the steps taken in ecclesiastical matters may also affect the civil state; but when that happens, the prince has his state counsellors at hand, to give him timely warning of any advice which churchmen give, that may be prejudicial to his other affairs: and it must

be remembered that the thing pleaded for is, only advice and assistance, as proper to be received from churchmen in Church matters.

If in these matters they are not allowed to be advised with, in what are they? In the army? No. Theirs is the doctrine of peace. In the navy? No. In the treasury? 'Tis none of their province. In the common law? There is a general probibition; 'tis mere temporal matter. Wherein are they to advise, wherein to assist, if not in spiritual things, and in relation to spiritual persons? But it is, all affairs, that concern spiritual persons or spiritual things.

Were those bishops, who have been appointed by the Crown, under a clerical administration in Church affairs less zealous for the support of the revolution, for settling and defending the Protestant succession, less careful of the rights and just prerogatives of the Crown, or less solicitous for the good of the Church and kingdom? No. Answer to a late pamphlet, entitled An Examination of the Scheme of Church Power, laid down in the Codex Juris Ecclesiastici Anglicani, &c., 1735.

(21) See Note (23a), post.

(22) Our legislators, however, that their acts, in matters of spiritual concern, may conform to and be influenced by the law divinely revealed, ought, constitutionally, to consult with the sacred interpreters of that law, especially when assembled in convocation. Wooddesson's Lectures on the Law of England, vol. i. Lect. 13.

The parliament of England, together with the convocation annexed thereunto, is that whereupon the very essence of all government within this kingdom doth depend; it is even the body of the whole realm; it consisteth of the king, and of all that within the land are subject unto him ; for they all are there present, either in person, or by such as they voluntarily have derived their very personal right unto. Hooker's Eccl. Pol. book viii. ch. vi. 11.

What regard is due to convocation for their acts in former times may be known from these, among other of their proceedings. In the year 1536, the motion for translating the Bible into English came from the convocation, as appears from the petition of the bishops, abbots, and priors to the king and at the same time it made the Scriptures, with the Apostles', Nicene, and Athanasian Creeds, the standard of faith, and removed the worship of saints and images. In 1547 it was first determined there, that the eucharist ought to be received by all Christians in both kinds. In 1562, articles of religion were agreed upon in convocation : and in 1661, our present inestimable Book of Common Prayer was reviewed, altered, and enlarged in convocation, before it was recommended by the king to be confirmed by parliament.

(23) Parl. Hist. 212. 216.

(23") At the institution of parishes by Theodore, Archbishop of Can

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terbury, A.D. 664, the patronage of churches was annexed to the endowment by the same common right, which made kings patrons of the cathedrals, sees, and monasteries of their own foundation; a right which all our Saxon princes enjoyed in these times, and exercised without dispute. Thus the West Saxon kings put Birinus and Agilbert into the see of Dorchester; Wini and Leutherius into that of Winchester; the former of which two last being afterwards expelled, was, by a simoniacal contract with King Wulfhere, promoted to the see of London. Thus Sigebert, King of the East Angles 2, made Felix Bishop of Dunwich, and Fursæus Abbot of Cnobbersburg; so the same Wulfhere made Chadd Bishop of Lichfield, and Sexulf3 Abbot of Peterborough and Aidan, Finan, Colman, Wilfrid, and Cuthbert, were all put into their sees by the Northumbrian princes. This royal nomination was in those days conceived to be so necessary, that, when any prelates were thus appointed in conquered countries, they imagined they lost their bishoprics, when the countries which composed their dioceses were lost by the prince that named them, and came to be repossessed by the rightful owners. Thus Trumwin quitted his see of Abercorn, when the part of Scotland which had formed his diocese whilst in the possession of the Northumbrians, was recovered by the Picts; as Eadhed did his of Sidnacester, when Lindsey was reconquered by the Mercians. The person so named to fill a see, was indeed to be approved by the bishops of the province, because it was their business to consecrate him and this act was to be performed publicly in the greatest city of the diocese, that the people might give their attestation to his life and conversation; on which account it was deemed irregular, unless in a case of necessity, to take one from any other diocese than that which he was appointed to govern. Kings, indeed, were soon prevailed upon to allow some monasteries the privilege of electing their own abbot from among themselves, which put others upon soliciting the same favour but some ages passed before they granted any such indulgence with regard to bishops; of which, however, Bede in his letter to Egbert, Archbishop of York, suggests an occasion. After representing the evil consequences of the neglect of the pastoral duties, which was unavoidable in so large a diocese as York, he presses the archbishop to use his credit with King Ceolulph, to engage him to reform the ecclesiastical state of his country, and to erect so many new bishoprics that there might be twelve in his province. But as the exorbitant grants of that prince's predecessors had made it difficult to find a vacant place for a new see, and sufficient endowments for new bishops and their clergy, he proposes that a great council should be called, and by a resolution or ordinance of that body, with the consent of the king and the prelates, some monasteries should be pitched upon to be the seats of new bishops. As the abbot and monks of

1 Bede, 1. iii. c. 7.

3 Chron. Sax. A.D. 655.

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5 Bede, 1. iv. c. 26.

2 Ib. 1. ii. c. 15; 1. iii. c. 19; 1. iv. c. 3.

4 Bede, 1. iii. c. 13. 28. Vita Cuthberti, c. 24. 6 Ib. c. 12.

such a convent might probably do all in their power to oppose an ordinance of this nature, he thought it would not be a bad expedient for engaging them to acquiesce in it, to give them a licence or privilege (termed in later days a congé d'élire), for choosing out of their own body the person who was to be ordained, and who was at once to preside over the monastery and his adjacent diocese; or in case there should be none among them fit for the episcopal office, they should still have the canonical examination and approbation of the person nominated out of some other part of the diocese. The kings of England did afterwards, on some occasions, take this method of endowing sees; and it is no wonder, that in such cases they allowed the privilege proposed to the monasteries, whose abbatical manse, or the revenue of the abbot, was annexed to the bishopric. Carte's History of England, vol. i. p. 245.

After the Conquest the same custom of consulting the bishops on the occasion of filling up the appointments to vacant sees, at least the important ones, appears to have continued. Thus we read of Henry I. convening the bishops and temporal nobility at Windsor to consult about the choice of an Archbishop of Canterbury, when the king designed to promote Faricius, Abbot of Abingdon, but perceiving the prelates were unanimous for Ralph, Bishop of Rochester, he complied. Collier's Eccl. History of Great Britain, vol. i. p. 303. On Ralph's death, the king, about the Candlemas following, called a council of his prelates and nobility at Gloucester to consider of a proper person to succeed him; some of the monks at Canterbury were likewise summoned thither either to elect or admit and receive the successor. When the council met, the king desired the bishops to agree on a fit man to fill that dignity, and he would approve whomever they recommended; and William of Corboil was, at the instance of the bishops, elected by the monks, confirmed by the king, and accepted by all the bishops for their primate. Carte's Hist. of England, vol. i. p. 512.

And here we may mention by the way, that in the reign of Stephen, a question of the same nature as that which is now being agitated as to the validity of an election of a bishop by a majority of canons, without the consent of the dean and others of the canons, was sent on appeal to the pope. It was the case of the election of Anselm, nephew of Anselm, Archbishop of Canterbury, to the see of London, by the majority of the canons of St. Paul's. The dean and his party made their appeal to Rome, and at last got the election voided. The pope's sentence for annulling the election went on this ground, viz., because it was made without the dean's knowledge and consent, who, according to right, ought to give his vote first in the choice of a bishop. Collier's Eccl. Hist. vol. i. p. 328.

In the reign of Henry II. the see of Canterbury being vacant, the king, who was in Normandy, dispatched Chancellor Becket into England, under colour of managing some business relating to the state, but with a design to prefer him to the archbishopric. Soon after his arrival, the Bishops of Chichester, Exeter, and Rochester, came to the convent of Canterbury with an order from the king, that the prior, with some of the monks,