shall be ascertained by the affidavits of two or more credible witnesses, to be taken before some master of the court of chancery, testifying their knowledge of the yearly value thereof, and by the certificate of such number of our said commissioners empowered to act as aforesaid, testifying 5 that they are satisfied that the matters contained in such affidavits are true. And further we have given and granted, and by these presents we do give and grant unto you our said commissioners, or any three or more of you (whereof you the said Thomas lord archbishop of Canterbury to be 10 always one; and in any case where the preferment shall happen to be in the province of York, you the said John lord archbishop of York to be also one) full power and authority under your hands and seals to present to and dispose of in our name all other ecclesiastical preferments 15 whatsoever, which are above the tax and value of twenty pounds in our books, and are in our disposal, and shall become vacant when we shall reside abroad in parts beyond the seas; except all bishoprics in England, and except all deaneries and archdeaconries, and the prebends 20 in the churches of Canterbury, Westminster, Worcester, and Windsor, the canonries of Christ Church in the university of Oxford, the provostship and mastership of colleges royal, professors' places in either university, and masterships of hospitals, and except livings of such yearly 25 value as aforesaid. And our will and pleasure is, that the hands and seals of you our said commissioners, or any three or more of you (whereof the hand and seal of you the said Thomas lord archbishop of Canterbury to be always one; and in any case where the preferment shall 30 happen to be in the province of York, the hand and seal of you the said John lord archbishop of York, to be also one) to such presentation and disposal in our absence beyond the seas shall be a sufficient warrant to the keeper of our great seal, and to all persons whom it may 35 concern, for the passing the same under the great seal of England. And if it shall happen that the number of suffrages of you our said commissioners at any time of your meeting shall be equal, then our will and pleasure is, that you the said Thomas lord archbishop of Canterbury, 5 shall have a second voice to make a majority. And when by reason of the distance which you our said commissioners may be at in your respective dioceses, you cannot conveniently come together to make a sufficient number to act according to the powers and directions herein con10 tained, that then in all such cases our will and pleasure is, that the hands and seals of as many and such of you as if you were met together would make a sufficient number to act as aforesaid, shall be of equal validity with any act which you might have done at a meeting: any thing 15 herein before contained to the contrary notwithstanding. And further, we do hereby declare our pleasure to be, that neither of our principal secretaries of state do at any time, either when we shall be resident in England, or in parts beyond the seas, move us in behalf of any person 20 whatsoever, for any place or preferment which we have hereby left to the recommendation or disposal of our said commissioners as aforesaid, without having first communicated both the person and the thing by him desired to you our said commissioners, or so many of you as are 25 hereby empowered to act; and without having your opinion and recommendation in such manner as herein before is directed. And if at any time we be moved in like manner by any other person whatsoever, our pleasure is, and we do hereby declare, that neither of our principal secretaries of state shall present any warrant to us for our royal signature in such a case, until you our said commissioners, or so many of you as are hereby empowered to act, have been acquainted therewith, and have given your opinion and recommendation as aforesaid. And further 35 our will and pleasure is, that this our commission, and the powers hereby granted, shall continue in force until 30 we shall declare our pleasure to the contrary, notwithstanding the same commission be not continued by adjournment. And lastly we have revoked and determined, and by these presents do revoke and determine certain letters patents under our great seal of England, 5 bearing date the 6th day of April in the seventh year of our reign, whereby we constituted and appointed you the said Thomas lord archbishop of Canterbury, John lord archbishop of York, William lord bishop of Coventry and Lichfield, Gilbert lord bishop of Sarum, and Simon lord 10 bishop of Ely, together with the then right reverend father in God, Edward lord bishop of Worcester lately deceased, to be our commissioners for the purposes above mentioned, and every clause, article, and thing therein contained. In witness whereof we have caused these our 15 letters to be made patents. Witness ourself at Westminster the 9th day of May, in the twelfth year of our reign. Per Breve de Privato Sigillo, Original in the hands of Dr. Edward Tenison, Archdeacon of Caermarthen. CHUTE. 20 CLXX. Archiepisc. Cant. Anno Christi Reg. Angliæ His grace the lord archbishop of Canterbury's circular letter to the right reverend the lords bishops of his province in which is inserted her majesty's gracious letter to him of the eighth of April, MDCCVII. relating to mat ters in convocation. To the right reverend the lord bishop of · Right reverend brother, ON the eighth day of this instant April I received a letter from her most gracious majesty, the contents 5 of which I was therein required to communicate to the bishops and clergy of my province in convocation assembled. His grace the lord archbishop] This appeal from the upper house of convocation to the clergy in general was occasioned by the refractory 10 conduct of the lower house on the subject of prorogations and intermediate sessions; and this form was given to it, partly on account of the premeditated absence of the prolocutor (dean Stanhope), when her majesty's letter was communicated to the lower house, and partly on account of the great publicity that had been given to their proceedings, 15 inasmuch as a protest had been circulated throughout the whole of the province, for the purpose of obtaining the signatures of all those members of the lower house who were opposed to the factious conduct of the majority. The prolocutor was pronounced contumacious; but further proceedings against him were stayed on his making a full sub20 mission; and the bishops, having the legal opinions of the lord chancellor Cowper and the lord chief justice Holt in their favour, received the direct support and authority of the crown. No business can be undertaken in convocation, unless it has been specially proposed to them by royal license; and much mischief, allayed with little benefit, The convocation at that time stood prorogued to April the tenth, on which day we met; and those of the lower house, who were present, being called up to the Jerusalem chamber, I did, in pursuance of her majesty's order, communicate to them her said gracious letter. 5 But the prolocutor being absent, and very few of the lower house appearing, I thought it proper, in a matter of so great importance, to acquaint all the clergy of my province not only with the letter itself, but with divers other matters, which give light to it, and without which 10 those, who were absent, will not be able to comprehend the full scope and intention of it. I would therefore desire you to acquaint the clergy of your diocese, as soon as conveniently you can, with the following particulars. On the twelfth of February last, by virtue of a royal writ then received, I prorogued the convocation to March the fifth following. 15 On the 19th of March the lower house did, by their prolocutor, deliver to the president an application in these 20 words: To the most reverend his grace the lord archbishop of Canterbury, and the right reverend the bishops of the upper house of convocation. May it please your grace and your lordships. "We the clergy of the lower house of convocation beg leave to acquaint your lordships, that some of our members have carefully compared the several royal proroga 25 having for some time previously resulted from their labours, no such permission has been granted since the year 1717, so that from that period 30 the convocation has virtually become extinct. Burnet, Own Times, vol. v. pp. 202. 254. Baxter's Life, p. 713. Hallam, vol. ii. p. 549. Tindal's Contin. p. 539. Tanner MSS. vol. cclxxxii. p. 234. |