ePub 版

1 Edw. 6.

cap. 8.

WHIT- that their ancient corporation was surrendered. Granting, Abp. Cant. farther, that the omission of the words “ ex fundatione regis

Edwardi Sexti,” were material, and not merely words of ornament : supposing all this, the king's grant to them was good, notwithstanding this misnomer, as appears plainly by the Statute of Confirmations. The preamble of this act setting forth, “That whereas king Edward VI. had made divers grants, as well to bodies politic and corporate, as to divers and sundry of his loving and obedient subjects, &c. In avoiding of which sundry and many ambiguities have or might be moved for lack of true naming the same bodies politic or corporate.” It is enacted, “ That all such grants already made, or hereafter to be made, during the king's life, shall be good and effectual, notwithstanding any of the causes or defects abovementioned.” After this argument of the attorneygeneral, the lord-keeper and the justices abovementioned consulting together, came to this unanimous resolution : that in case there was any imperfection in the translation of king Henry VIII. the 35th of Eliz. cap. 3, has given a full relief and remedy to all such defects. Secondly, supposing the corporation of the dean and chapter made by king Henry VIII. was gone and destroyed by the surrender to king Edward VI.;

and that the misnomer was material, and no ornamental addi661. tion ;-granting all this, it was unanimously agreed, that the

above-mentioned Act of Confirmation made the king's grant 1 Edw. 6. good, notwithstanding such misnomer. And, thirdly, it was

resolved by the lord keeper and justices, that the ancient corporation of the dean and chapter continued in being notwithstanding their surrender of the Church, and all the estates belonging to it. And here, as the learned attorney-general observes, though the cathedral of Norwich was principally concerned in these resolutions, yet, by parity of reason, and

force of consequence, they may very well serve for securing the Coke's Re- titles both in other cathedrals, and several colleges in Camports, lib. 3.

bridge and Oxford. And, for this reason, as well as for the

learning of the argument, I have given it the reader. et Chapter To return to the parliament: and here I shall only observe D'Ewes,

that a bill for relieving the poor out of impropriations was

twice read in the house of Commons, and after some speeches Townsend's

with and against it, it was thrown out. This parliament was Collections, dissolved on the 9th of February following.

cap. 8.

fol. 73. Le Case del Dean

de Norwich.

P. 561.

There was


p. 107.


nothing done by the convocation this session, excepting their ELIZAgranting subsidies.

In March the next year a general assembly was held at An assembly Dundee in Scotland. The king being present, told them he at Dundee. had anticipated the time of meeting, to know their opinion concerning their sitting in parliament; and that they might come to a resolution upon all the circumstances. His majesty desired them to debate this matter through the whole extent.

The question was accordingly considered, first by a committee for that purpose; and afterwards it was resolved in the assembly, “that it was lawful for ministers to vote in parliament, and other public meetings of the estates ; and that it was expedient to have always some of their body at such conventions, to represent the Church."

Secondly. Another question being put for adjusting the number of those that were to vote for the ministry, it was agreed that the Church representatives should come up to the number made use of in ancient times; that is, one-and-fifty members, or thereabouts.

Thirdly. Touching the election of those who were to serve in parliament, it was resolved the choosing these members belonged partly to the king, and partly to the Church. And because the time would not serve for discussing the remaining points, a commission was given to some members of the presbyteries and doctors of the universities, to attend his majesty when and where they were appointed. This committee were a. d. 1598. empowered to treat all the heads of this question. And in case they could not come to an agreement, the matter was to be referred to the next general assembly.

Farther, it was found some synods sent over-proportioned numbers to the general assembly. To bar this encroachment, and bring things to a balance, it was decreed, that for the time to come no presbytery should send above two or three representative ministers, at most, to the general assembly : to these, with one baron of the bounds, one commissioner from every borough was only to be added, Edinburgh excepted, which in all public meetings was allowed two.

About three months forward the doctors of the university, The right, and the commissioners of the Church, waited on the king at fc. of miFalkland; where, after a long debate, the business of the voting in ministers voting in parliament was unanimously agreed. The



WHIT- circumstances adjusted were ranged under ten articles. I shall
Abp. Cant. mention some of them ::

The conditions the ministers who sat in parliament

1. With reference to the election, it was agreed, that for each prelacy that was void the Church should name six of their

body, out of which the king should choose one to serve in were obliged parliament; or if his majesty liked none of this number, the to sign.

Church was to recommend six others, of which number his majesty obliged himself to accept one.

2. That the general assemblies should nominate the person with the advice of the synods and presbyteries.

3. For settling a revenue to support his character, it was agreed, that when the churches of the precinct or diocese were sufficiently provided for, the remainder of the estate belonging to the prelacy or bishopric should be assigned him.

4. For fear his title, revenues, and representing distinction should tempt him to affect dominion, and break through the established parity, there were several restraints thrown in to check him from acting like a bishop. As

1. He was not to propose any thing by way of representation at the council-board, convention, or parliament, without express instructions from the Church ; neither was he to be passive and silent when any motion was made prejudicial to the interest of his body; and in case of mismanagement in this article, he was to be deprived.

2. He was tied to give an account of the discharging his trust to every general assembly, and to procure their approbation of his proceedings : and here he was to submit to their award without making any appeal, under the penalty of infamy and excommunication.

3. He was to acquiesce in such proportions of revenue as should be assigned him, without encroaching upon the livings of the ministers within his precinct.

4. He was not to commit any waste, or dilapidate his benefice, nor make any leases without the consent of his majesty and the general assembly.

5. He was obliged to discharge every part of the pastoral office in the congregation where he was fixed: and to prevent his rising to any episcopal privilege, his behaviour was to lie under the cognizance of his own presbytery, or provincial assembly: and to their censure he was obliged to resign


himself no less than any other minister that carried no commission.

6. In the administration of discipline, collation of benefices, visitations, and other branches of ecclesiastical government, he was not to pretend to any more jurisdiction than the rest of his brethren. No claim of this nature was to be made without a particular commission, under the penalty of deprivation. And in case any usurpation of this kind should happen in opposition to the presbytery, synod, or general assembly, whatever was done should be void and signify nothing.

7. At his admission to his representing office, he was to swear and sign these articles, and any other that should be thought necessary.

8. In case he should happen to be deposed from the ministry by the presbytery, synod, or general assembly, he was to lose his benefice, and sit no longer in parliament.

9. That the name of his office might be inoffensive, and put 662. him in mind of his dependence, he was to be called a commissioner of such a place or precinct, provided the parliament and his majesty were willing to pass that title: if not, the general assembly would give him some other distinction. They would likewise determine whether he was to hold his office during life, in case of unexceptionable management, or whether he was only to continue for a shorter term at the pleasure of the Church.

Notwithstanding the singularity of these conditions, the king gave way to them at present, forseeing that time would probably bring some remedy, knock off the chains, and give a freer motion.

Spotswood's To return to England : this year, Edward Coke, esq., after- Attorneywards sir Edward, and the lady Hatton, relict of sir William general Coke Hatton, marrying without banns or licence, Henry Bothwell, in the archpriest, rector of Oakover, who married them, and several court for persons of condition, present at the wedding, were prosecuted without in the archbishop's court, and, upon their submission by their banns or proxies, absolved from the censures incurred. The instrument sets forth, “ that, by overlooking the authority of the Church, they had all of them fallen under the greater excommunication, and the consequent penalties.”

See Records, There is another absolution in the same form, granted to sir Thomas Egerton, lord keeper, and Alice, countess dowager

Ch. Hist.



num, 96.


WHIT- of Derby; and another to the earl of Hertford ; not to menAbp. Cant. tion the rest in the same register. The registers of the suc

ceeding archbishops have likewise instances of the same kind. Squire tried

About this time, Edward Squire was tried for treason. To for high

say something of him in a word or two: he was bred an attorney's clerk ; afterwards, turning soldier, he went to sea in Drake's last expedition, was taken by the enemy, and carried prisoner into Spain. Here one Walpole, an English Jesuit, got him prosecuted for heresy in the Inquisition. After a great deal of harsh usage and farther menacing, he reconciled himself to the Church of Rome. And now, Walpole, as Squire confessed, pushed him upon a desperate enterprise, told him, that the killing of the earl of Essex and the queen would be of great service to religion ; that this might be compassed without danger, only by dropping a little poison on the pummel of the queen's saddle where she rested her hand. Squire consented to this villanous motion, and bound himself, under the most solemn engagements, to secresy and business. Walpole, as Squire confessed, put the poison in his hands; and, to prevent suspicion, procured him and another a commission, to be sent into England for the ransoming some Spanish prison

Soon after his arrival, he practised the directions given him, both upon the queen's saddle and the earl of Essex's chair ; but, by the providence of God, the barbarity miscarried. Walpole, as Squire's narrative goes on, suspecting his convert had broken his promise, is supposed to have contrived a revenge. In short, a person was privately despatched into England, to charge Squire with high treason. Being closely examined, and fancying his confessor had betrayed him, he confessed Walpole's suggestion, that he consented to the villany, and made use of the poison pursuant to the directions abovementioned. However, both at his trial and at the place of execution, he protested, though he had been instigated by Walpole and others to commit the fact, yet he could never master his conscience so far as to do it. Soon after, Walpole

printed a vindication of himself, in which he denied, with Cambden, all imaginable abhorrence, every part of Squire's confession.

This year, Thomas Stapleton, doctor in divinity, departed Dr. Staple- this life. He was descended of a gentleman's family in Sussex,

bred in New-college in Oxford, and was afterwards divinity professor at Douay. Pitt is very large in his commendation,


Oct. 1598.

ton's death and character.

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