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cátion; promising a larger work on these subjects. The un
1711: contested way of proceeding in such a case was, that the bishop of the diocese, in which he lived, should cite him into his court, in order to his conviction or censure, from whose sentence an appeal lay to the archbishop, and from him to the crown: or the archbishop might proceed in the first instance in a court of audience. But there were no clear precedents of any proceedings in convocation, where the jurisdiction was contested, a reference made by the highcommiffion to the convocation, where the party submitted to do penance, being the only precedent that appeared in history, and even of this there was no record : so that, it not being thought a clear warrant for their proceeding, the bishops were at a stand. The act, that settied 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 first of queen Elizabeth, that defined what should be judged heresy, 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 first instance, proceed against a man for heresy: and their proceedings, if they were not warranted by law, might involve them in a præmunire. So the upper-house, in an address, prayed the queen to ask the opinions of the judges, and such others as she thought fit, concerning these doubts, that they might know how the law ftood in this matter.
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 case ; but brought no express law or precedent to support Convocation. their opinion. They only observed, that the law-books spoke of the convocation, as having jurisdiction ; and they did not see 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 case, upon an argument that might be made for a prohibition, they should see cause for it. Four of the judges were positively of a contrary opinion, and maintained it from the statutes made at the reformation. The queen, having received thefe different opinions, sent them to the archbishop, to be laid before the two houses of convocation; and, without taking any notice of the diversity between them, the wrote that, there being now no dobut to be made of their jurisdiction, she did expect VOL. XVII,
power of the
1711. that they should proceed in the matter before them. In
this it was visible, that they, who advised the queen to
The lower-house would not enter into the consideration
matters, recommended to them by the queen; and drew 1711. up a scheme of regulations on them all : but neither were these agreed to, by the lower-house; for their spirits were fo exasperated, that nothing sent by the bishops could be agreeable to them.
The parish of Greenwich having petitioned the house of A bill for commons for assistance in rebuilding the church, a com- fifty new mittee was appointed to examine the petition, and an Pr. H. c. instruction was given them to consider 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 instance of their regard to the welfare of the eftablished church, and to offer such lights, as they were able to afford in relation to the extreme want of churches in London and Westminster. The commons immediately resolved, That they would receive all such informations, as Thould be offered in this case, by the lower-house of convocation ; and would have a particular regard to such applications, as should at any time be made to them from the clergy in convocation assembled, according to the antient ufage, together with the parliament. Pursuant to this resolution, quickened by a recommendation from the queen (who had been addressed by the convocation) they passed a bill for the building fifty new churches, and gave the duty of one Thilling 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 reserved for building St. Paul's, which was now finished. This was the least that could be expected from a house of commons, chosen, in great measure, by the zeal and influence of the clergy, especially, as it was apparent, that, in the suburbs of London, there were above two hundred thousand people more than could possibly resort to the churches already bụilt. Soon after this, the fession of parliament and convocation both came to end.
The duke of Marlborough being continued in the com- The duke of mand of the British forces in Flanders inclined
rough goes hope, that a reconciliation was effected between him and
to Holland, the new ministry. But this was so far from being the case, Hift. of Eur. that there was no longer any confidence between him and those that managed affairs at court; and consequently little was to be expected from the continuation of the war, when A a 2
1711. the chief conductor of it was in so uneasy a situation (et.
However, to carry matters on the more smoothly, the
While all things were preparing on both sides for the
(e) Dr. Hare, the duke of • uneafy in his thoughts, unMarlborough's attendant-chap- . dermined in the favour of his lain, then in Flanders, and who sovereign, and vilely misrewas in his secrets, describes the presented to the people; when duke's situation in the following his want of interest at home manner :
' makes it impossible for the al-
he, would still pretend to put fly in his face is the surest
and do not question, from the 6 it is meritorious in his officers
frighten our enemies into an the most deserving; With what
afraid, he is not likely to do • cumstances serve? Or, what
are full of jealousies and fears, ' for his support? it is little, I
and himself extremely morti • think, we can hope for even
« from him hereafter, though ' fame, any more than the usage
" that little be more than any 5 he meets with. When he is body else could do.'
373 agreed on for thar purpose. After several conferences it was
1711. resolved, that her Britannic majesty and the states-general should employ in that service the eight Palatine battalions in their pay, and provide the other four, that would be still wanting to compleat their quota's, where they might best be spared, without affecting the common cause.
There was, at this juncture, another affair of no finall Unexpected consequence in agitation at the Hague. For when the al- demands of lies expected to hear, that the king of Prussia's troops were
Prusia, on their march into the field, that prince's minifters declared, that, unless their master had full satisfaction given him, as to the arrears due to his forces, and the succession of the late king William, as prince of Orange, his troops should not march out of their winter-quarters. The allies were somewhat surprized at this unexpected declaration ; but, the deputies of the state having had several conferences with the Prussian minifters, an agreement was concluded, containing in substance, “ That the arrears should be paid in four “ months time: that, notwithstanding the house of Dieren “ had been adjudged, by sentence of a court of judicature, s to the house of Nassau, the states consented, that his “ Pruffian majesty thould continue to make use of it: and " that the council, who had administered the revenue of " the succession of Orange, since the death of the late
king, should be obliged speedily to give an account of " the same.” As soon 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 some time de- of Marlbotained at Vienna by the coming of a Turkish aga, with a rough takes particular commission 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 against Muscovy and Poland. In the mean while the duke was daily in conference with the deputics 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 resolved, to cause detachments from all the garrisons 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 secrecy, was put
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