but proceed to justice." To this answer ten of the judges put JAMES I. their hands, of which the chief justices, Coke and Hubbart, were two. The king replied in a letter, that the alleging their oath for their noncompliance, was a weak and impertinent pretence that it was very unreasonable to suppose his predecessors should be carried off their guard to such a degree, as to pass an act so very prejudicial to their prerogative: that their oath reached only to private cases between subject and subject, and was designed to prevent the prince being solicited by either of the parties. And in the close, commands them not to proceed in the plea till his return to London.

At his majesty's coming to town, the judges were all sent for to the council-table. The king began with taking their letter in pieces, and showing their misbehaviour with respect both to matter and manner. He reprimands them for their remissness in permitting the counsel to dispute his prerogative at the bar; and tells them it was their duty to check those intemperate sallies, and not suffer such insolence upon the crown. Then as to their own business, he acquaints them, that deferring their resolution upon just and necessary reasons, is neither a denial, nor delay of justice: it is rather a pause of necessary prudence: nothing being more proper and advisable than to consult the king where the crown is concerned. He told them farther, that to say the point was a private contest between the subject, was wide of the case; for that a bishop, the defendant, pleaded for a commendam only in virtue of the prerogative royal: and besides, they could not prove either of the parties solicited for expedition. And lastly, he let them know their letter was indecently couched, and failed in the form. Upon this all the judges kneeled, owned their error, They acand craved pardon. But as to the matter, the chief justice knowledge Coke stood upon his defence; declared that his majesty's com- and ask pardon. mand for stopping the proceedings, was a delay of justice, and by consequence against law and their oath: and that as they intended to manage the pleading, the king's prerogative should not have been concerned. To this the king answered, that for them to pronounce whether his prerogative was concerned or not, without consulting him, was preposterous management. And his majesty required the lord chancellor to deliver his opinion, whether he had commanded the judges any thing against law, and their oath.

their error,

ABBOT, The chancellor excusing himself as to the point of law, Abp. Cant. referred the question to the king's counsel. Upon this, the

711.

attorney-general Bacon declared, "That to put off the day, was no delay of justice, nor any failure in their oath: that the king's reasons for this delay, were only to secure his prerogative:" and therefore puts the question to the judges, "Whether this refusal of theirs to make a halt, was not nearer a breach of their oath? For they were sworn to counsel the king when they are called. But not to give his majesty counsel till the business is over, is in effect not to give counsel at all." The rest of the king's council concurred with the attorney.

The chief justice Coke argued, the king's counsel had exceeded their bounds: that it was their duty to plead before the judges, but not against them. To this the attorney Bacon replied, “that the king's counsel were obliged by their oath and office, not only to plead, proceed, and declare against the greatest subject, but also against any body of subjects, were they judges, courts, or commons in parliament: that the judges had disobliged their character by making this challenge." And in the close, "The attorney appealing to the king, the chief justice said he would dispute not with his majesty." The lord chancellor gave his opinion for the king, and his counsel learned in the law.

Upon this, the question was put by all the lords of the board, "Whether, in a case where the king believed his prerogative or interest concerned, and required the judges to attend him for their advice: whether, in such a case, they ought not to stay proceedings till his majesty has consulted them?"

All the judges submitted to the affirmative side of the question, excepting Coke, chief justice of the King's Bench, who said, "that when the case happened, he would do his duty." The chief justice of the Common Pleas was more compliant in his answer, and declared, “that for his part he would always trust the justice of the king's command."

The day drawing nigh for arguing the commendams further, the king asked the judges if they intended to discuss whether the king had a general power for granting commendams or not? They all agreed not to draw his majesty's power into question, and promised to correct the presumption of those pleaders who took the liberty to state the prerogative. And

as to the present case, judge Doddridge gave his opinion for JAMES I. the king; that the Church was void, and in his majesty's gift; and that he might grant a commendam to a bishop before or after consecration, and that either during life or for years.

council sign

When the judges were gone, it was resolved by the privy The privycouncil that what the king required was neither against law the king's nor the judges' oath and this opinion was signed by all the command to the judges warrantable. Annals of

board.

the Council

This year, the king being at Royston, Mr. Edward Simpson, K. James, a good scholar, and fellow of Trinity-college, preached before P. 17, from his majesty: his text was, "that which is born of the flesh is Book. flesh." From hence he endeavoured to prove that the com- John iii. 6. mitting any great sin extinguishes the operations of grace while the person continues in that state. To this he added, that St. Paul, in the seventh chapter to the Romans, does not describe himself or the condition of a regenerate person, but one sub statu legis. The king expressed his dislike of this doctrine with some warmth, because Arminius had been lately censured for drawing a resembling exposition out of Socinus's works. His majesty, to satisfy himself farther, sent to the two divinity professors at Cambridge for their judgment upon the point. These learned divines argued on the contra-remonstrant's side, and gave it under their hands that the predominancy of appetite, and the acting counter to conscience, mentioned in the seventh of the Romans, was to be understood Simpson of a regenerate man; and that this was St. Austin's last exposition opinion in his "Retractions." After this determination the of the 7th of preacher was enjoined a public recantation before the king, which sentence he submitted. But the learned Heylin observes, that no offence was taken Hist. Uniat the first part of Simpson's sermon; for here he went no bridge, farther than Dr. Overall's precedent above-mentioned. Secondly, in the opinion of this learned gentleman, it is probable the latter part of his discourse might have passed the test, had it not been his misfortune to have fallen in with an unacceptable author; Arminius having formerly declared himself of the same opinion, might possibly give the king a prejudice, and disincline him to the exposition. But whether Heylin is right or not in this conjecture, is more than I shall determine. Heylin, To proceed: Dr. Mocket, warden of All Soul's, in Oxford, tic. Hist. and chaplain to archbishop Abbot, published a book in good Dr. Mocket's

recants his

the Romans

to before the king.

Fuller's

vers. Cam

p. 160.

p. 632.

ABBOT, Latin, containing the following tracts, viz. "The Apology of Abp. Cant. the Church of England," "The Greater and Lesser Catechism."

book burnt,

and why.

Thomas

Fuller ob

Politic.

Angl. cap. 5. p. 314.

The Nine-and-thirty Articles," "The Common Prayer," "The Ordination of Bishops, Priests, and Deacons," "The Polity or Government of the Church of England." The "Homilies" being thought too voluminous for a full translation, he abridged them into propositions. This book was attacked by several critics at its first appearing. Some taxed him for presumption, serves, "Cum for undertaking such a work without the king's permission : privilegio" stands on the others complained he had been too loose and paraphrastical, title-page. and exceeded the liberty of a translator: and the propositions extracted out of the "Homilies" had a bias in the version, and ran to his private opinions. Another objection was, that he had asserted the privilege of the see of Canterbury too far, and allowed the archbishop a power to confirm the election of his provincials; and for this he cites the authority of the first council of Nice, confirmed by Constantine the Great. The canon runs thus: "If any person is consecrated a bishop without the consent of his metropolitan, the synod declares he ought not to be owned under that character." This doctrine, it seems, bore too close upon the regale: but Mocket afterwards brings himself off; for he expressly declares, that the king's assent to the election must precede the metropolitan's confirmation. Farther, Dr. Mocket, in his translation of the nine-and-thirty articles, omitted the first clause in the twentieth, concerning the "authority of the Church in controversies of faith." This omission, amongst other things, might probably occasion the burning his book. This public ́ censure made a melancholy impression upon the doctor, who died in a short time after.

Can. 6.

Fuller's Ch. Hist. book 10.

The king's declaration for recrea

tion on Sun

days.

The king having lately made a progress through Lancashire, observed that the excessive scruples of some magistrates and ministers, and their tying people up from all sorts of relaxation on the Sunday, had given the Papists an occasion to misreport the Church of England; as if no innocent recreation was allowed among the reformed. Now, to prevent their gaining proselytes upon this colour, the king, then at Greenwich, published the following declaration :

"That for his good people's lawful recreations, his pleasure was, that after the end of Divine service they should not be disturbed, letted, or discouraged, from any lawful recreations;

1618.

such as dancing, either of men or women; archery for men, JAMES I. leaping, vaulting, or any such harmless recreations: nor from having of May-games, Whitsun-ales, or morrice-dances, and setting up of May-poles, or other sports therewith used, so as May 24, the same be had in due and convenient time, without impediment or let of Divine service: and that women should have leave to carry rushes to the church for the decorating of it, according to their old custom; withal, prohibiting all unlawful games to be used on the Sundays only, as bear-baiting, bullbaiting, interludes, and (at all times in the meaner sort of people by law prohibited) bowling."

To prevent the ill use of this liberty, there were several restraints in the indulgence.

First, These recreations were to be so managed as not to hinder the performance of public duty at church.

Secondly, That no recusant should have the benefit of this liberty.

Nor, thirdly, Such as were not present at the whole of divine service.

And fourthly, That none should have the freedom of this relaxation but such as kept to their own parishes.

However, this declaration was somewhat shocking to a great many people; and the clergy were apprehensive the reading it in churches would have been enjoined them: and though it was published only for the use of Lancashire, they were afraid the order might be enlarged and reach the whole kingdom. But whatever the first intentions of the court might have been, the declaration was afterwards in a manner dropped, and no churchman obliged to read it. And since this subject will return in the next reign, I shall dismiss it at present.

712.

On the 31st of August this summer, a general assembly met The genera at Perth the lords Haddington, Carnegy, and Scone, were Perth deassembly at the king's commissioners. And here the five articles which crees kneeling at the stuck at Aberdeen, after being debated by a committee, passed holy euchain the full assembly.

"First, That in reverence to the Divine Majesty, and due regard to the mystery of the holy eucharist, it is decreed that this blessed sacrament shall be celebrated and received kneeling.

66

Secondly, If any good Christian, visited with long sick

rist.