"Archbishops, as they are fet over the universal "Church by the Pope. Lastly, he exhorted and in"treated the Archbishop to fubmit to the Customs " of the Church of Rome, and give Place to Cardinal Kemp; promifing both him and the whole See of Canterbury all the Kindneffes that could be expected "from a most affectionate Father."

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Remark there

on.

Bishop Burnet gives us fome AcBishop Burnet's count of this Controverfy as follows. "Even after Wolfey was Cardinal, Warham, as Lord Chancellor, took place "of him, as appears froin the Journals of the House "of Peers, 7 Hen. VIII. And afterwards (viz. after "that Wolfey was made Lord Chancellor) he gave "him place, as appears on many Occafions, and "particularly in the Letter written to the Pope in 1530, which the Cardinal fubfcribed before "Warbam." brow

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Harmer's Re

ply.

Mr. Harmer, in examining his Lordfhip's Account, fays, " many Miftakes and falfe "Confequences are contained in these "Lines: For, ift, Wolfey, in the Quality of Lord “Chancellor, took place of Warbam: It would fol"low, that the Lord Chancellor, as fuch, ought to

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precede the Archbishop of Canterbury; the contrary "of which is known to be, and to have always been true. 2dly, If Warham, when Lord Chancellor, "took place of Wolfey, when Cardinal, in the Houfe "of Peers, it doth not follow, that at that Time he "took place of him elfewhere as the Hiftorian "would infinuate: For in the Houfe the Chancellor "precedeth all other Peers, and even the Archbishop "of Canterbury among the reft, as being, in Vertue

of his Office, Speaker of the Houfe; nor could Wolfey be fo extravagantly vain as to defire the "Great Seal, only that he might precede Warbam "in the Parliament: For, as the Hiftorian obferves, "he affected to govern without Parliaments; and ac"cord

"cordingly for many Years, after he obtained "the Great Seal, had no Parliament; and, even "after the Seal was taken from him, he still took

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place of Warbam in the House of Peers. 3dly, If,

in the Letter wrote to the Pope in 1530, the Car"dinal fubfcribed before Warbam, he could not do "this in the Quality of Lord Chancellor, as the Hif"torian imagines; for the Great Seal had been taken from him in the preceding Year, 1529, Oct. 17. "So that fome other Reafon of Wolfey's Precedence "must be inquired into, and that Reafon is very "obvious; for Wolfey took place of Warbam, even "before and after he was Lord Chancellor, as being, "Cardinal. This is confirmed by the Relation of Cavendish, who, in his Life, faith, That Warham "checked him for his Prefumption, in carrying himself as bis Equal; but that, shortly after, Wolfey obtained to be made a Cardinal, and thereby got the better Can "of Warbam in that Point." +

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But to return: We have now traced the Cardinal Ligh from his Original to the Poffeffion of four of the greatest Offices that any one Subject ever enjoyed, viz, Archbishop, Cardinal, Lord High Chancellor, and Legate à Latere: And Cavendish hath fully fet forth with what Magnificence he appeared Abroad, as alfo the Grandeur of his Family; which, if it were not related by fo honest an Historian as himself, it could: tru fcarcely be believed. [See p. 19 to 28, in the Note.]

y

An ingenious Hiftorian obferved, "That leaping high, and at once into Preferment, was a plain Was "Prognoftick of as fpeedy a Fall; but climbing by "Degrees was an Argument of a fure Footing, tho' "the Afcent was flippery."

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Another Author, upon the fame Occafion, relates, ♫ "That too fudden Profperity in the Beginning com-h so monly ruins a Man in the End; for how many "Men had ended better, if they had not begun too H.2. * well: It's the Emphasis of Mifery to be happy too:

"foon;

"foon; whereas Greatnefs growing up by degrees ་ gives Men a lafting Settlement."

And fays our inimitable Countryman, Mr: Popė, to his Friend Gay, upon his quitting the Court. "Bleffed is he that expects nothing, for he fhall ne"ver be disappointed. You are happily rid of many "curfed Ceremonies, as well as of many ill and vi "cious Habits, of which few or no Men efcape the "Infection, who are hacknied and tramelled in the way of a Court. There is a Thing, the only "Thing which Kings and Queens cannot give you, (for they have it not to give) Liberty, and which "is worth all they have; which as yet, I thank "God, Englishmen need not ask from their Hands. "The only Steps to the Favours of the Great are fuch Complacencies, fuch Compliances, fuch diftant 146 Decorums, as delude them in their Vanities, or engage them in their Paffions. He is generally the "greatest Favourite who is the falfeft; and when "a Man, by fuch vile Gradations, arrives at the "Height of Grandeur and Power, he is then at belt "in a Circumftance to be hated, and in a Condi❝tion to be hanged, for ferving their Ends: So many a Minifter has found it!

"

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Birth of a Prin

cefs.

On the 18th of February the Queen was delivered of a Princefs, fhe was chriftened Mary, and, after the Death of Edward the VIth, became Queen. The King did not exprefs much Joy at the Birth of this Princess, his Heart being fet upon having a Prince.

Dr. Standish cited before the Convo

cation.

About this time Dr. Standish, having given Offence to the Clergy, by fome Doctrines he had advanced at St. Paul's, was fummoned before the Convocation; and, in Obedience thereto, he appeared. Here the Doctor was afked the following Questions. "ft, Whether it is lawful for a Temporal Judge

¢

to bring any Clerks before him in a Court of Juf

G6 tice,

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"tice, &c. 2ldy, Whether the firft Orders are holy "Orders, or not? 3dly, Whether a Constitution made "by the Pope and Clergy is binding, in a Country "where the contrary Practice has all along prevailed? 4thly, Whether a Temporal Prince can check the Proceedings of Bishops, who misbehave themselves, "in correcting those under their Jurifdiction?" Another Day he attended, when Archbishop Warham delivered him a Paper containing the fame in effect with the Articles, and a Day was affigned him to put in his Answer. The Doctor, apprehending the Convocation would treat him with Rigour, because he had pleaded for the King, in a certain Caufe between the King and the Abbot of Winchelcombe, applied to his Majefty for Protection. Upon this the Clergy made their Excufe to the King, acquainting him, that they had no Quarrel against the Doctor upon the score of his pleading against the said Abbot ; that this Pretence of his was mcre Calumny; that their Exceptions againft Standish were for certain publick Difcourfes he had delivered at St. Paul's and other Places, long after he had been entertained as the King's Council: In which Difcourfes he had publickly maintained the Opinions mentioned in the Bill exhibited against him; that these Propofitions were directly contrary to the Law and Liberties of the holy Church; that they were bound to endeavour the Suppreffion of fuch Innovations; and therefore begged the King's Affiftance pursuant to the Oath at his Coronation.

Upon this Application the Temporal Lords and Judges, at the Inftance of feveral Members of the House of Commons, intreated the King to maintain his Royal Jurifdiction; because this, as they fuggefted, was likewife part of his Coronation Oath; and requested, that his Majefty would be pleafed to fhelter Dr. Standish from the Malice of the Clergy; for that the principal Matter of their Bill against him, VOL. II.

T t

and

and that which the Abbot declaimed on in his Sermon, were in effect the fame Things, and tended both to maim the Jurifdiction of the Temporal Courts, and exempt the Clergy from Punishment.

The King, having weighed the Request of both Parties, called Dr. Vefey, Dean of his Chapel, to him, and commanded him, upon his Faith and Allegiance, to declare the Truth, according to the beft of his Knowledge, as to the first Question put to Dr. Standifh, Whether the trying of Clerks, in criminal Causes, before temporal Judges, is directly contrary to the Law of God, and the Liberties of the holy Church, as fome of the Spirituality pretended? To this, after mature Deliberation, Dr. Vefey, with all the Solemnity the Affair required, anfwered in the Affirmative, affigning feveral Reafons for his Opinion.*

Soon

where the famous Statutes were made, "That took away the

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Exemption the Ecclefiafticks "claimed from fecular Jurif"diction; and ordered, that "there fhould be no Appeal to "the Bishop without the King's "Licence: That no Archbishop

*Before Henry the IId's Time the Archbishops of England, by the Pope's Encouragement, ordered their Suffragans, Bifhops, to take into their Jails all Clerks that were guilty of Crimes, whether they were for Murder, Manilaughter, Theft, or Breaches of the Peace, and there to keep or Bifhop fhould go over Scas, and protect them from the King's Juftices.

But this Prince had it much at Heart, to leffen the Authority of the Clergy; and, in order thereto, advised and confulted with his Lay-nobility, who were then become very jealous of the growing Greatnefs of the Ecclefiafticks; urging, that their claiming an Exemption from fecular Punishments leffened the Authority of the King's Courts, and that the Bishops were notorioufly partial to the Churchmen.

In the Year 1164 the King called a Parliament at Clarenden,

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at the Pope's Command, without the King's Licence: That "the Bishops fhould not excom"municate the King's Tenants "in Capite without the King's "Licence: That the Bishops "fhould not have the Cog"nizance of Perjury, or Fidei

Laffionis: That the Clergy "fhould be convened before "Lay-judges, and that the King's Courts fhould have Cognizance of Churches and "of Tythes."

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The Writ Ne Exeat Regnum. is grounded upon these Statutes of Clarendon.