Imágenes de páginas
PDF
EPUB

cation, promifing a larger work on thefe fubjects. The un- 17113 contefted way of proceeding in fuch a cafe was, that the bishop of the diocefe, in which he lived, fhould cite him into his court, in order to his conviction or cenfure, from whose sentence an appeal lay to the archbishop, and from him to the crown or the archbishop might proceed in the firft inftance in a court of audience. But there were no clear precedents of any proceedings in convocation, where the jurifdiction was contefted, a reference made by the highcommiffion to the convocation, where the party fubmitted to do penance, being the only precedent that appeared in history, and even of this there was no record: fo that, it not being thought a clear warrant for their proceeding, the bishops were at a stand. The act, that fettled the course of appeals in king Henry the eighth's time, made no mention of sentences in convocation; and yet, by the act in the firft of queen Elizabeth, that defined what should be judged herefy, that judgment was declared to be in the crown by all this (which the archbishop laid before the bishops in a letter, that he wrote to them on this occafion) it seemed doubtful, whether the convocation could, in the firft inftance, proceed against a man for herefy and their proceedings, if they were not warranted by law, might involve them in a præmunire. So the upper-houfe, in an address, prayed the queen to afk the opinions of the judges, and fuch others as the thought fit, concerning thefe doubts, that they might know how the law ftood in this matter.

about the

power of the

Eight of the judges, with the attorney and follicitor-ge- Different neral (Northey and Raymond) gave their opinion, that the opinions convocation had a jurisdiction, and might proceed in such a cafe; but brought no express law or precedent to fupport convocation. their opinion. They only obferved, that the law-books spoke of the convocation, as having jurifdiction; and they did not fee that it was ever taken from them: they were also of opinion, that an appeal lay from the sentence of convocation to the crown; but they reserved to themselves a power to change their mind, in cafe, upon an argument that might be made for a prohibition, they should fee caufe for it. Four of the judges were pofitively of a contrary opinion, and maintained it from the ftatutes made at the reformation. The queen, having received thefe different opinions, sent them to the archbishop, to be laid before the two houfes of convocation; and, without taking any notice of the diverfity between them, fhe wrote that, there being now no dobut to be made of their jurifdiction, he did expect VOL. XVII.

A a

that

1711. that they fhould proceed in the matter before them. In this it was vifible, that they, who advised the queen to write that letter, confidered more their own humour, than her honour. However, two doubts ftill remained, even fuppofing the convocation had a jurifdiction: the first was, of whom the court was to be compofed, whether only of the bishops, or what fhare the lower-houfe had in this judiciary authority: the other was, by what delegates, in cafe of an appeal, their fentence was to be examined were no bishops to be in the court of delegates? or was the fentence of the archbishop and his twenty-one fuffragan bifhops, with the clergy of the province, to be judged by the archbishop of York and his three fuffragan bifhops? These difficulties appearing to be fo great, the bifhops refolved to begin with that, in which they had, by the queen's license, an undifputable authority; which was to examine and cenfure the book, and to fee if his doctrine was not contrary to the fcriptures, and the firft four general councils, which is the measure set by law, to judge herefy. They drew out fome propofitions from his book, which feemed plainly to be the reviving of arianism: and cenfured them as fuch. These they fent down to the lower-house, who, though they excepted to one propofition, yet cenfured the reft in the fame manner. This the archbishop (being ftill difabled by the gout) sent by one of the bishops to the queen for her affent, who promised to consider of it: but fhe did not fend an answer till the convocation came to an end; neither, at their next meeting the winter following, did any anfwer come from her, and therefore, two bishops being fent to afk it, fhe could not tell what was become of the archbishop's paper; fo a new extract of the cenfurc was again fent to her; but he did not think fit to fend any anfwer, and Whifton's affair remained undecided, though he published a large work in four volumes octavo, juftifying his doctrine, and maintaining the canonicalness of the apoftolical conftitutions, preferring their authority not only to the epiftles, but even to the gofpels. But, in this laft point, he has made no profelytes, though he has used his utmost efforts to support it.

The lower-house would not enter into the confideration of the reprefentation, fent down to them by the bishops; fo none was agreed on, to be prefented to the queen: but both were printed, and fevere reflections were made, in feveral tracts, on that which was drawn by the lower-house, or rather by Atterbury. The bifhops went through all the

matters,

matters, recommended to them by the queen; and drew up a scheme of regulations on them all: but neither were these agreed to, by the lower-houfe; for their fpirits were fo exafperated, that nothing fent by the bifhops could be agreeable to them.

1711.

churches.

The parish of Greenwich having petitioned the houfe of A bill for commons for affistance in rebuilding the church, a com- fifty new mittee was appointed to examine the petition, and an Pr. H. C. inftruction was given them to confider what churches were wanting within the cities of London and Westminster. Upon this, the lower-house of convocation fent a folemn message by their prolocutor to the commons, to thank them for this inftance of their regard to the welfare of the eftablished church, and to offer fuch lights, as they were able to afford in relation to the extreme want of churches in London and Weftminfter. The commons immediately refolved, That they would receive all fuch informations, as fhould be offered in this cafe, by the lower-house of convocation; and would have a particular regard to fuch applications, as fhould at any time be made to them from the clergy in convocation affembled, according to the antient ufage, together with the parliament. Pursuant to this refolution, quickened by a recommendation from the queen (who had been addreffed by the convocation) they paffed a bill for the building fifty new churches, and gave the duty of one fhilling a chaldron upon coals, from September 29, 1716, to September 29, 1719, for raising the sum of three hundred and fifty thousand pounds for that purpose. This duty had been referved for building St. Paul's, which was now finished. This was the least that could be expected from a house of commons, chofen, in great measure, by the zeal and influence of the clergy, efpecially, as it was apparent, that, in the fuburbs of London, there were above two hundred thousand people more than could poffibly refort to the churches already built. Soon after this, the feffion of parliament and convocation both came to an end.

The duke of

Marlborough goes to Holland.

The duke of Marlborough being continued in the command of the British forces in Flanders inclined many to hope, that a reconciliation was effected between him and the new miniftry. But this was fo far from being the cafe, Hift. of Eur. that there was no longer any confidence between him and those that managed affairs at court; and confequently little was to be expected from the continuation of the war, when

A a 2

the

1711. the chief conductor of it was in fo uneafy a fituation (e). However, to carry matters on the more fmoothly, the queen wrote a kind letter to the states about the duke, whose conduct the declared herself to be intirely fatisfied with; and affured them, that, according to their defires, fhe would order the duke forthwith to go over to Holland. Accordingly, on the 18th of February, he fet out from St. James's, with a pofitive affurance, that the payment of the troops under his command would be as effectually taken care of by the new minifters, as it had been by the old; and, imbarking at Harwich the next day, arrived at the Hague on the 4th of March, N. S. to the great fatisfaction of the states.

While all things were preparing on both fides for the opening af the campaign, many confultations were held on feveral weighty affairs, particulariy in relation to the affembling a body of troops, to preferve the neutrality of the empire, which was in imminent danger of being broke by the king of Sweden's refufing to come into the measures already

(e) Dr. Hare, the duke of Marlborough's attendant-chaplain, then in Flanders, and who was in his fecrets, describes the duke's fituation in the following

manner:

[ocr errors]
[ocr errors]

That little more harmony was to be expected between two rivals in power, than between a falling and a rifing favourite. Some perfons, fays he, would ftill pretend to put a good face upon the matter, and do not queftion, from the duke of Marlborough's past fucceffes, that he will yet frighten our enemies into an ⚫ honourable peace. But, I am afraid, he is not likely to do fo much at this time, when the enemy are encouraged to take heart afresh; the allies are full of jealoufies and fears, and himself extremely morti'fied. Things are not the fame, any more than the ufage he meets with. When he is

[ocr errors]
[ocr errors]

6

6

uneafy in his thoughts, undermined in the favour of his fovereign, and vilely mifreprefented to the people; when his want of interelt at home makes it impoffible for the allies to depend upon the hopes he gives them; when he is ⚫ without authority in the army, where it is made criminal to espouse his intereft; and to fly in his face is the fureft means to advancement; when it is meritorious in his officers to cabal against him; and the moft factious will be thought "the most deferving; With what heart can a man in these circumftances ferve? Or, what fuccefs can be expected from him, when he is made to depend upon profeffed enimies for his fupport? it is little, I 'think, we can hope for even from him hereafter, though • that little be more than any body elfe could do.'

[ocr errors]
[ocr errors]

agreed

agreed on for thar purpose. After feveral conferences it was refolved, that her Britannic majefty and the ftates-general fhould employ in that fervice ihe eight Palatine battalions in their pay, and provide the other four, that would be ftill wanting to compleat their quota's, where they might best be fpared, without affecting the common

cause.

373 1711.

Pruffia.

There was, at this juncture, another affair of no finall Unexpected confequence in agitation at the Hague. For when the al- demands of lies expected to hear, that the king of Pruffia's troops were on their march into the field, that prince's minifters declared, that, unless their mafter had full fatisfaction given him, as to the arrears due to his forces, and the fucceffion of the late king William, as prince of Orange, his troops should not march out of their winter-quarters. The allies were fomewhat furprized at this unexpected declaration; but, the deputies of the state having had several conferences with the Pruffian minifters, an agreement was concluded, containing in substance, "That the arrears should be paid in four "months time: that, notwithstanding the houfe of Dieren "had been adjudged, by fentence of a court of judicature, "to the houfe of Naflau, the states confented, that his "Pruffian majefty should continue to make ufe of it and "that the council, who had adminiftered the revenue of "the fucceffion of Orange, fince the death of the late "king, should be obliged fpeedily to give an account of "the fame." As foon as the deputies had made this declaration, the king of Pruffia approved of the agreement, and his troops began their march for the Netherlands.

The duke of Marlborough expected with great impatience The duke the arrival of prince Eugene, who was for fome time de- of Marlbotained at Vienna by the coming of a Turkish aga, with a the field. particular commiffion from the Ottoman Port, to remove Broderick. any jealousy, that might be entertained at the imperial court, from the warlike preparations, which the Turks were making at this time againft Mufcovy and Poland. In the mean while the duke was daily in conference with the deputies. of the states, to concert the operations of the war; and, it being thought of the utmost importance to be in the field before the enemy, it was refolved, to caufe detachments from all the garrifons to canton along the Scarpe, and between that river and the canal of Doway, whereby a great body might in a few hours be formed, and ready to march; which, with great diligence and fecrecy, was put

A a 3

in

« AnteriorContinuar »