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of the same reign, touching appeals, and The other PAPER here follows. years as the law now stands, the convocation hath

May it please your majesty ;-In obedience not any jurisdiction originally to cite before to your majesty's commands, signified to us by them any person for heresy, or any other spi- the right honourable the lord-keeper of the ritual offence, which according to the laws of great seal, in relation to the humble Address the realm may be cited, censured, and punish- of the archbishop and bishops of the province of ed in the respective ecclesiastical courts or ju. Canterbury, in convocation assembled, here. risdictions of the archbishops, bishops, and unto annexed; we whose names are hiereunto other ordinaries ; who, we conceive, have the subscribed, have taken into consideration the proper judicature in those cases; and from doubts and questions therein stated. whom and whose courts the parties accused And after conference with the rest of the may have their appeals; the last resort where- judges, we are humbly of opinion, that of comin is lodged in the crown. lo which statute for mon right there lies an appeal from all eccleciting out of the diocese, and in the others, as siastical courts in England to your majesty, in far as relates to appeals for such offences, no virtue of your supremacy in ecclesiastical affairs, notice is taken of the convocation, either as to whether the same be given by express words jurisdiction, or appeals. Nor doth it any way of any act of parliament, or not: And that no appear to us in whom the pretended judiciary act of parliament bas taken the same away. power of a convocation, either before or since And consequently, that a prosecution in conthe said statutes, (if any such they ever had) vocation, not excluding an appeal to your resided; whether in the whole body of the majesty, is not inconsistent with the statute convocation, or in part. But it is plain by the of 1 Eliz. ehap. 1, but reserves the supremacy first statute that the archbishop's jurisdiction, entire. eren in case of heresy, is bounded so that

As to the question proposed in the said Ad. he cannot proceed against such offenders withi- dress, how far the convocation, as the law pow in any other diocese than his own, without the stands, may proceed in examining, censuring, consent

, or in the default of the diocesan bishops, and condemning such tenets as are declared to All which statutes being made for the ease and be heresy, by the laws of this realm, together benefit of the subjects, they cannot, as we with the authors and maintainers of them, we bumbly conceive, be deprived of the benefit understand it to import only these two things: of them by any pretence of jurisdiction in the Whether a jurisdiction to examine, censure, convocation ; from wbich we cannot find or, and condemn such tenets, and the authors and be informed of any instance of appeal. Nor maintainers thereof, could ever be exercised in bave any judicial precedents or authorities for convocation ? And if it could, whether it be convening or censuring of such offenders in taken away by any act of parliament ? any convocation since those statutes, or the re- And we humbly lay before your majesty, formation (which is now near 180 years), ap- that all our lawbooks that speak of this subject, peared unto us. And if such power sbould be mentioning a jurisdiction in matters of heresy, allowed to the convocation, we conceive it and condemnation of heretics, as proper to be would invade the ordinary jurisdiction of the exercised in convocation both before and since archbishops and bishops; which we conceive the acts of parliament mentioned in the Adare preserved by the act of parliament made dress; and none of them that we find, making in the 17th year of the reign of bis late ma

any doubt thereof; and we observe nothing in jesty king Charles the first, cbap. 11, and by

hose, or any other acts of parliament, that we apoiher made in the 13th year of king Charles think bas taken it away ; We are humbly of the second, chap. 12, and by the act inade the opinion, that such jurisdiction, as the law now 29th Car. 2, chap. 9, which took away the stands, may be exercised in convocation. writ De Heretico Comburendo; in none of But this being a matter which, upon appliwhich any mention is made of the convocation. cation for a prohibition, on behalf of the perAnd by the Bill of Rights, 1 Will. & Mar. sons who shall be prosecuted, may come in it is enacted, That the commission for erecting judgment before such of us as have the honour the late court of commission for ecclesiastical to serve your majesty in places of judicature, causes, and all other coidmissions and courts of we desire to be understood to give our present like nature, are illegal and pernicious.. But thoughts with a reserve of an entire freedom we conceive that beretical tenets and opinions of altering our opinions, in case any records, or may be examined and condemned in convoca- proceedings, which we are now strangers to, tion, authorized by royal licence, without con- sball be laid before us, or any new consideravening the authors or maintainers of them. tions which have not occurred to us, be sugAll which we most hambly submit to your gested by the parties, or their counsel, to conroyal majesty's great wisdom.

vince us of our mistake. May 5th, 1711.

T. PARKER, (d)

Ro. Price, (S) Eow. WARD, (u)

Jo. BLENCOWE. L. Powys, (e) E. NORTHEY, (g) ROBERT DORMER, (b) S. Lovell, (c)

(d). Lord Chief Justice of tbe King's-bench. (a) Lord Chief Baron of the Exchequer. (e) A Justice of the King's-bench. (b) A Justice of the Common Pleas.

( ) A Baron of the Exchequer, (c) A Baron of the Exchequer.

(%) Attorney General. VOL, XV.

2 Z

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T. TREVOR, (h) Ro. RAYMOND, (1) simplicity, and words without meaning. The T. BURY, (i)

J. Powel, (m) copies of the statute and the depositions were R. Eyre, (k) R. Tracy. (n) readily granted to bim; the request for time af

forded matter of long debate, during which he of the Proceedings against Whiston in the the ensuing Wednesday was appointed to him

had withdrawn; and on being finally called in, University of Cambridge, Mr. Frend has, in his

for farther proceedings. Receiving another Sequel to the account of the proceedings in the University of Cambridge against the Author summons to attend on Wednesday, he made his of a Pamphlet entitled Peace and Union' appearance again at the vice chancellor's

, given, from Whiston, the following abstract:

but now in a lower parlour of the same lodge,

none being present but his judges as before,' “ On October 22, 1710, William Whiston the absence of two former beads being com. was summoned by an esquire bedell to appear pensated by the presence of others. They now before the vice-chancellor on the afternoon of put into bis hands a paper of opinions, which the next day. In obedience to this summons, they ordered him to retract on the Monday he went with a friend to the vice-chancellor's following, or to expect a rigorous execution lodge, when his friend not being permitted to of the statute. The Paper delivered was as accompany him farther, he was conducted into follows: ap upper room, in which were present the vicechancellor, nine heads of colleges, and the

“ Positions published and spread about in the university registrary. A book of sermons was

University of Cambridge by Mr. Williau inmediately put into bis hands, and he was

WHISTON, contra religionem, &c. Stat.

Acad. 45. required to own it; but, on bis refusing to answer such questions, the university printer was “ 1. That the Father alone is tbe one God of sent for, who could, however, say nothing to the Christian religion, in opposition to the the purpose, and no other witnesses were three divine persons, Father, Son, and Holy called, relating to this publication. The depo- Ghost, being the one God of the Christian resitions of several members of the university ligion.—[Vid. Postscript throughout. Vid. Ser. were then read, stating, that in a lecture irrone mons and Essays, &c. p. 213, 1. 19, to 23, P. of the parish churches, Whiston had asserted, 215, 1. 3, 4, 5, 6, 7. 1. 9, 10, 11, 26. to 30. . There was but one God; and that God the Mr. Thackham's Depos. Mr. Hughes' Depos. • Father only was that one God; that the Mr. Townsend, Mr. Macro, and Mr. Amyas • Father was in all the ancient and primitive depositions. Vid. Serm. and Essays, p. 276. I. • creeds mentioned to be the only God; 21, to p. 278. 1. 6.] • that the Son was indeed exalted above all “This position is contrary to the 1st, 2d, and . creatures, and made a partaker of many 5th of the 39 articles, and to the Nicene and

divine excellencies and perfections, and as Athanasian creeds. such he was to be worshipped with a sort or “2. That the creed commonly called the • degree of divine worship.' Similar opinions Creed of St. Athanasius, is a gross and antiwere deposed also to have been advanced by christian innovation and corruption of the prio him at a coffee-house, in a meeting of the mi. mitive purity and simplicity of the Christian nisters of the charity schools. To these depo faith among us. sitions Whiston said nothing, requiring only “ This position is contrary to the rubric betime for his defence, and copies both of the de- fore the said creed, and the gth article. positions read to him, and the statute, which he “ 3. That the canon of the Scripture, the was supposed to have offended; subjoining also rule and guide of a Christian's faith and praca solemn address to the company, on the nature tice, is that contained in the last of the eccle

. of Christian benevolence, and the certainty of siastical canons, ordinarily stiled apostolical; its appearance one day before the tribunal of which all along appears to have been the Cbrist, which most probably was looked upon standard of the primitive church in this matter

. by these guardians of religion as marks of bis I mean as including all the books we now own

for canonical, and also the two epistles of S. (h) Lord Chief Justice of the Common Pleas. Clement, and the constitutions of the apostles (i) A Baron of the Exchcquer.

by St. Clement: to wbich the pastor of Hermas (k) A Justice of the King's-bench. is to be added; as well as we bare already (1) Solicitor General.

added the apocalypse of St. John. (m) As to bim see several Cases in this “ That the Doctrine of the Apostles appears Collection, particularly that of the Seven to be a sacred book of the New Testament, Bishops. “July 5, 1711. In the evening I long lost to the Christian church. went to Lord Treasurer, and among other i These two positions are contrary to the company found a couple of judges with him, sixth of the 39 articles. one of them Judge Powell, an old fellow with “Mr. Whiston undertakes to prove clearly, grey bairs, was the merriest old gentleman I that the apostolical constitutions are the most ever saw, spoke pleasant things, and laughed sacred part of the canonical scriptures of the and chuckled till he cried again.” Swift's New Testament. Jourpal to Stella.

“Mr. Whistop asserts, that the doxology, (n) A Justice of the Common Pleas, current in all these latter ages, 'Glory be to

709] Tenets contrary to the Established Religion. A. D. 1711. [710
the Father, and to the Son, and to the Holy 7. That I ought to have been convened
Ghost,' was not the true Christian doxology. publicly in the consistory, and evidence fairly

“ This position is against the doxology re- there produced against me in an open court;
ceived and established in the public liturgy. and not privately in a chamber, been asked

" Dated October 25, 1710. many ensparing questions, with the exclusion
* This paper was delivered to Mr. Whiston, been there to assist and direct me.

of even a single friend, who was willing to have
the day and year above-written, by Mr. Vice-
chancellor's order.-Witness my hand,

“ 8. That any prior determination of the
“ ROBERT Grove."

sense of this statute, before I have had counsel
allowed

me, or legal advice taken about its true
“ Against this mode of proceeding, Whiston extent and meaning, is of no force at all
first read, and then delivered in a protest, against me.
stating bis surprize, that they should not have " And I desire and demand that I

may

have
conferred with him, as was formerly the usage, time given me, and counsel allowed me to argue
on his opinions ; and that no one, through the validity of these exceptions.
Christian charity, had endeavoured to convince “ October 25, 1710.

W. WHISTON.” him of bis errors. Many on the contrary, at- “ Little attention was paid to this protest. tempted to undermine him ; at one time, talk- The vice-chancellor gravely exhorted the proing of bim as a public enemy to be expelled by testant, under pain of condemnation on the grace; at another time, to be prosecuted in the following Monday, to leave his errors, and ecclesiastical courts, or at the assizes: then the return to the Church of England ; and peropinion of counsel was taken on the propriety ceiving, after a little time, that he began to of convicting bim of heresy, and expelling bim draw some of the heads into farther arguing by Lucas's statutes; and now a remote uni- and reasoning about these matters, the viceversity statute was thought of, which could chancellor took one of the candles and conbot, in the present instance, be applied with ducted him ont of the house. justice. This statute related to public sermons, “On the Sunday following, Whiston reand similar public acts and lectures before the ceived a summons to attend a meeting of the university ; but he had never preached before vice-cbancellors and heads on the next day; the aniversity, nor performed divinity exercises; from which, at first, he determined to absent and the only lectures he had given, were ma- himself ; but afterwards altering his mind, he thematical. With respect to his sermons in appeared before the heads, now twelve in the parish church, he conceived himself amen- number; and being asked by the vice-chanable only to the bishop of the diocese; and cellor to retract bis errors, he read a protest books published in London, and private dis to them agaiost all their proceedings, which be courses elsewbere, could not be punishable by desired might be entered upon the records of this meeting, since the crimes must be done the university. He then took his leave ; and

publicè docendo, tractando, vel defendendo,' the following act, afterwards made public, gives
in public and solemn sermons, lectures, or dis- the determination of the meeting ::
patations, before the university.

He com

October 30th, 1710.
plained also, that, in so important a business,
the chancellor had pot been consulted, and that

“ At a Meeting of Mr. Vice-chancellor, and be bad been so privately convened and interro

the Heads of Colleges in the University gated, and, saving therefore to himself the li. of Cambridge, in the Vice-Chancellor's berty of making farther objections to their pro- Chamber, in King's College, in the said ceedings, be summed up his protest in the fol

University lowing articles :

“ Whereas it bath been proved before us, "1. That I am charged with breaking that that William Whiston, master of arts, matbe45th statute wbich I have been uncapable of matic professor of this university, bath asserted breaking, because it only concerns such public and spread about in Cambridge, since the 19th university exercises as I bave never performed. day of April 1709, divers tenets against religion

"2. That the place where most of the words received and established by public authority in are pretended to have been spoken, St. Cle. this realm, contrary to the 45th statute of this ment's church, is utterly out of the jurisdiction university; and whereas the said William of the university, and so no ways within this Wbiston being required and exhorted by Mr. statute.

Vice-chancellor, to confess and retract his “ 3. That the want of the specification of error and temerity in so doing, did refuse to the time, or the too loose specification of it, make any such confession and retractation ; it is renders most of the depositions of no value. therefore agreed and resolved by us, the vice

" 4. That words charged at so great a dis- chancellor, and heads of colleges, whose names tance of time, cannot be sworn to so particularly are here onderwritten, that the said Wilas is necessary to affect me.

Jiam Whiston hath incurred the penalty of the “ 5. That words spoken in private conver- foresaid statute, and that he be banished from sation, or at a coffee-house, or (written) in a this university according to the tenor of the private letter, can no way be within this statute. same: C. Roderick, vice-chancellor; Joseph

“6. That no books printed and published at Ellys, Humf. Gower, Hen. James, S. Blithe, London, can be within this statute.

Jobo Corel, Je. Balderston, Gabr, Quadring, Tho. Richardson, Ch. Ashton, Bardsey, Fisher, / were new: The archbishop was not named the Edw. Lany. Unde venerabilis vir" Dr. Ro president of the convocation, as was usual in derick, dominus procancellarius, assidentibus foriner licences; and in these, the archbishop's et consentientibus Johanne Ellys milite, Doc- presence and conseng alone was made neces. tore Gower, Doctore James, Doctore Blithe, sary, except in case of sickness, and then the Doctore Covel, Doctore Balderston, Doctore archbishop had pamed some bishops to preside, Quadring, Doctore Richardson, Doctore as his commissaries: And in that case, the Ashton, Doctore Fisher, Doctore Lany, colle- convocation was limited to bis commissaries, giorum præfectis, sententiam ferendo decrevit, which still lodged the presidentsbip and the declaravit, et pronunciavit prout sequitur. In negative with the archbishop. This was acthe name of God, Amen. I Charles Roderick, cording to the primitive pattern, to limit the vice-chancellor of this university, do decree, clergy of a province to do nothing, without the declare, and pronounce, that Mr. William consent of the metropolitan ; but it was a thing Wbiston, mathematic professor of this uni- new and unbeard-of; to limit the convocation to versity, having asserted and spread abroad any of their own body, who had no deputation divers tenets contrary to religion received and from the archbishop. So a report of this being established by public authority in this realm, made, by a committee that was appointed to hath incurred the penalty of the statute, and search the records, it was laid before the queen: that he is banished from this university.” And she sent us a message to let us know, that " Lata fuit hujusmodi sententia per dictum she did not intend, that ibuse whom she had dominum procancellarium, præsente me

named to be of the Quorum, should either preRoberto Grove, not. pub. et almæ univer- though the contrary was plainly insinuated in

side or have a negative upon our deliberations, sitatis prædictæ registrario."

the licence. The archbishop was so ill of the “The severity,” says Mr. Frend, “ with gout, that after our first meetings, he could which Wbiston was treated is easily accounted come no more to us; so was the bishop of for. About that time the nation was, by Sa. London: upon which, the bishop of Bath and cheverell's trial, alarmed with the cry of dan- Wells, seeing how invidiously he was distin. ger to the Constitution in Church and State ; guished from his brethren, in which be had not that bigot bad received support from adminis- been consulted, pretended ill health; and we tration, and the Tories in general; and motions were at a stand, till a new licence was sent us, were made even in parliament, for the sup- in which the bishops of Winchester (Trelaw, pression of irreligion and impiety."

ney,] Bristol [Robinson,] and St. Davids Whiston was succeeded in his professorship [Bisse,] were added to be of the Quorum, by the blind Saunderson, whom Mr. Freud de. The two last were newly consecrated, and bad nominates (I believe with the strictest truth) • a been in no functions in the Church before : So profligate, and a contemner of all religion.' the queen not only passed over all the bishops, Jo relation to Wbiston's case, Burbet writes of those named by herself, and set the two last

made in king William's reign, but a great many as follows:

in a distinction above all their brethren. All this " The convocation of the province of Can- was directed by Atterbury, who bad the confiterbury was opened, the 25th of November, Idence of the chief minister; and because the 1711, the same day in which the parliament other bishops had maintained a good corres. met: And Atterbury was chosen prolocutor. pondence with the former ministry, it was Soon after, the queen sent a licence to the con- ihought fit to put marks of the queen's distrast vocation, empowering them to enter upon such upon them, that it might appear, with whom consultations, as the present state of the her royal favour and trust was lodged. Church required, and particularly to consider “ The convocation entered on the consideraof such matters, as she should lay before them; tion of the matters referred to them by the limiting them to a Quorum, that the archbi - queen: And a committee was appointed, to sbop of Canterbury (Tennison,] the bishop of draw a representation of the present state of London (Compton, J or the bishop of Bath and the Church, and of religion among us; but Wells (Hooper,] should be present, and agree after some beads were agreed on, Atterbury to their resolutions. With this licence, there procured, that the drawing of this might be left was a letter directed to the archbishop, in to bim :' And he drew up a most virulent dewhich the convocation was ordered, to lay be clamation, defaming all the administration, fore the queen an account of the late excessive from the time of the Revolution : Into this he growth of infidelity and heresy among us; and brought many impious principles and practices, to consider how to redress abuses in excommu- that had been little heard of or known, but were nications; how rural deans might be made now to be published, if this should be laid bemore effectual; how terriers might be made fore the queen. The lower House agreed to and preserved more exactly ; and how the his draught ; but the bishops laid it aside, and abuses in licences for marriage might be cor ordered another representation to be drawn, in rected.

more general and more modest terras. It was “ In this whole matter, neither the arch- not settled, which of these draughts should be bishop nor any of the bishops were so much as made use of, or whether any representation at consulted with; and some things in the licence all should be made to the queen : For it was

nour.

known, tbat the design in asking one was only they reserved to themselves a power to change to have an aspersion cast, both on the former their mind, in case, upon an argument that ministry and ou the former reign. Several pro- might be made for a prohibition, they should visions were prepared, with relation to the other see cause for it. Four of the judges were posiparticulars in the queen's letter : But none of tively of a contrary opinion, and maintained it these were agreed to by both Houses.

from the statutes made at the Reformation, ** An incident happened, that diverted their The queen, having received tbese different opithoughts to another matter : Mr. Wbiston, the nions, sent them to the archbishop, to be laid professor of mathematics in Cambridge, a before the two Houses of Convocation; and, learned man, of a sober and exemplary life, without taking any notice of the diversity bebut much set on hunting for paradoxes, fell |tween them, she wrote that, tbepe being now on the reviving the Arian heresy, though he no doubt to be made of our jurisdiction, she did pretended to differ from Arius, in several parti- expect, that we should proceed in the matter culars: Yet upon the main he was partly Apol- before us. In this it was visible, that those linarist, partly Arian ; for he thought the Nous who advised the queen to write that letter, conor Word was all the soul that acted in our Sa- sidered more their own humours tban, her hoviour's body. He found his notions favoured Yet two great doubts still remained, by the aposiolical constitutions; so he reckoned even supposing we had a jurisdictior : The them a part, and the chief part of the canon of first was, of whom the court was to be comthe Scriptures. For these tenets, he was cen- posed ; whether only of the bishops, or what sured at Cambridge, and expelled the univer- share the lower House bad in this judiciary sity: Upon that, he wrote a vindication of authority: The other was, by what delegates, himself and his doctrine, and dedicated it to the in case of an appeal, our sentence was to be convocation, promising a larger work on these examined: Were no bishops to be in the court subjects. The uncontested way of proceeding of delegates? Or was the sentence of the archin such a case was, that the bishop of the dio- bisbop and his twenty-one suffragap bishops, cese, in which he lived, should cite him into his with the clergy of the province, to be judged court

, in order to his conviction or censure, from by the archbishop of York and bis three sufwhose sentence an appeal lay to the archbishop, tragan bishops? These difficulties appearing and from bim to the crown: Or the archbishop to be so great, the bishops resolved to begin with might proceed in the first instance in a court of that, in which they had, by the queen's licence, audience: But we saw no clear precedents aó undisputable authority ; which was to exaof any proceedings in convocation, where the mine and censure the book, and to see if his jurisdiction was contested; a reference made doctrine was not contrary to the Scriptures, and by the bigh commission to the convocation, the first four general councils, which is the where the party submitted to do penance, being measure set by law, to judge heresy: They the only precedent that appeared in history; drew out some propositions from his book, and even of this we bad no record : so that it which seemed plainly to be the reviving of not being thought a clear warrant for our pro- Arianism; and censured them as such. These ceeding, we were at a stand. The act, that they sent down to the lower House, who, setled the course of appeals in king Henry the though they excepted to one proposition, yet 8th's time, made no mention of sentences in censured the rest in the same manner. This convocation; and yet, by the act in the 1st of the archbishop (being then disabled by the gout) queen Elizabeth, that defined what should be sent by one of the bishops to the queen for her judged heresy, that judgment was declared to assent, who promised to consider' of it: But be in the crown: By all this (which the arch- to end the matter at once, at their next meeting bishop laid before the bishops in a letter, that in winter, no answer being come from the he wrote to them on this occasion) it seemed queen, two bishops were sent to ask it; but she doabtful, whether the convocation could, in the could not tell what was become of the paper first instance, proceed against a man for beresy: which the archbishop had sent ber; so a new And their proceedings, if they were not war- extract of the censure was again sent to her : ranted by law, might involve them in a Præ- But she has not yet thought fit to send aby Tunire. So the upper House, in an address, answer to it. So Whiston's affair sleeps, though prayed the queen to ask the opinions of the he has published a large work in four volumes jutges, and such others as she thought fit, in octavo, justifying bis doctrine, and maintainconcerning these doubts, that they migbi know ing the canonicalness of the apostolical constihow the law stood in this inatter.

tutions, preferring their authority not only to * Eight of the judges, with the attorney and the epistles, but even to the gospels. In this solicitor-general, gave their opinion, that we last I do not find he has made any proselytes, had a jurisdiction, and unight proceed in such a though he has set himself much to support tliat case ; but brought no express law nor prece- paradox. dent to support their opinion: They only ob- - The lower House would not enter into the served, that the law-books spoke of ibe coovo- consideration of the representation, sent down cation, as having jurisdiction; and they did not to them by the bishops ; so none was agreed see that it was ever taken from them: They on, to be presented to the queen : but both were were also of opinion, that an appeal lay from printed, and severe reflections were made, in the sentence of convocation to the crown ; but several tracts, on that which was drawn by

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