ANTIQUITIES, ETC.

DISPOSAL OF HIGHER CHURCH PREFERMENT.

(Continued from p. 145.)

THE extracts given in a former Number recorded the last appointments made to bishoprics in England before the downfal of episcopacy in the time of the troubles. The following are part of a very interesting correspondence, which passed between the exiled king and the few remaining bishops in England, at the crisis when the prospects of the church looked most gloomy, and the preservation of the episcopal succession became an object of the deepest anxiety. "One of the ablest heads among them, as well as one of the stoutest hearts, Dr. Wren, Bishop of Ely,"* was at this time in prison; and "what with their great age and little health," "it was almost impossible for them, in those difficult times, to consult together what was fit to be done. But they gave instructions to Mr. Barwick," who had been chaplain to the venerable Bishop Morton, now lately dead, "not only to ride about among them all, and, by proposing and explaining to each of them what was thought for the church's service, to collect the opinions and resolutions of every one of them upon all difficult affairs, but also to procure the communication of all that was needful between their lordships and his majesty; which he frequently did by letters written in characters. Sometimes, also, Mr. Richard Allestry, of Oxford, a man of extraordinary learning and piety, was let into a dangerous share of this negotiation, being sent to Brussels to do that by word of mouth which could not so conveniently be done by letter.” † The question which gave rise to so much anxious consideration, respecting the mode of filling up the vacant sees, is particularly interesting, as shewing the extreme jealousy which was felt on the one hand of any mode of appointment which "was not esteemed by the clergy to be altogether so conformable to the practice of the church, delivered down from the first ages;" insomuch, that "they chose rather to incur the utmost dangers than not pay all due regard to the laws of the catholic church; while yet they took sufficient care, in the meantime, (as was but just,) that the royal prerogative should suffer no encroachment." "And with what application the great minister of state discharged the province his majesty appointed him in this affair, and, on the other hand, with what unwearied piety and affection Mr. Barwick executed the trust, on this behalf, committed to him by the church, will more evidently appear from those letters which passed between them on this occasion." The jealousy with which the prerogative of the crown was guarded gives the greater value to the earnest desire which the king expressed through his minister, that the bishop of Ely would recommend persons to be appointed to the vacant sees.

"The state of religion, as relating to the Bishops and Episcopal Clergy, is best known from the private letters that passed between England and the king's court abroad.

"A Letter of Dr. John Barwick to Mr. Chancellor Hyde,

dated June 21st, 1659.

"I cannot more reasonably presume of doing some good by it,* than by making use of the firstfruits of it in the service of God and his church. And first in tendering the most humble submission of the reverend fathers of it to his sacred majesty by your lordship's mediation, and their dutiful acknowledgement of his pious and princely care of her and next in presenting their humble thanks to your lordship, for the many good offices you have done for her. And in this rank, the bishop of Elyt and the bishop of Salisbury‡ desire to have a particular mention, as being more particularly obliged to your lordship for your particular expressions to them. The grand affair of the church is still in motion towards that happy conclusion, which his sacred majesty is so piously zealous for, with what speed may reasonably be used in a matter of so great importance and difficulty. The list of names and places which his majesty was pleased to send, hath much facilitated the work in several instances; for thereby are cut off all occasions of dispute in relation to the number, persons, and sees. And as for the manner of proceeding in that great work, your lordship is humbly desired to assure his majesty, that they have advised with the best counsel at law this place affords, not only in order to the securing of the work and their own persons, but also for the defence of his majesty's prerogative from the least hazard of any infringement, which they always intended, and still resolve to preserve inviolable; and that being done, they are fully assured of his majesty's piety and goodness in giving way, that this great affair (upon which not only the security, but the very being of this church may possibly hereafter depend) may be transacted in such a method as may best stop the mouths of all adversaries, and be most agreeable to the canons and practice of the primitive church (especially in the first four general councils), and give the greatest security to the persons of all that shall be concerned in it (either as consecrators or consecrated) from any persecution that may possibly be raised against them for it, in case it cannot be concealed. I perceive by several passages of your lordship's late letters, what an high esteem you have of the bishop of Ely and the bishop of Salisbury, in this cause; and to say nothing of the rest, I can assure your lordship, that since the heavy burden of soliciting this business was imposed upon me, nothing hath either been acted or designed but by their full approbation; nor anything omitted which they thought necessary so that all the delays which have intervened have proceeded from the difficulty of so weighty a work in so bad times, and will be taken off as soon as possibly may be.....

"And to clear this, I must beg your lordship's patience, first to hear what I collected from the messenger's discourse, and then what I proposed by way of expedient. For the former, (if I mistook not,) I conceive your lordship's sense was, that the proceeding ought to be by a mandate from his majesty to any three or four bishops by way of collation, upon the lapse for the dean and chapter's non-election: and that your lordship grounded this method, 1. upon his majesty's prerogative; 2. upon a former consultation with the bishop of Ely; and 3. upon the constant practice in Ireland. In all which particulars I shall give your lordship a faithful account of the sense of our best friends here, and then submit the matter to your lordship's second thoughts. First, it is the opinion of them all, that the supposal of a lapse would more impair the king's prerogative than the collation could advance it; because it would presuppose a power of election pleno jure in the deans and chapters, which they have only de facultate regia. And for them to petition for such a licence

See note in Barwick's Life p. 410

+ Wren.

Duppa.

would be as difficult as to elect if they had it; many of the deans being dead, some chapters extinguished, and all of them so disturbed as they cannot meet in the chapter house, where such acts regularly are to be performed; and besides this, such petitions were never attempted till the king's pleasure was intimated to them, that they might petition, which was the cause of the long vacancy of some bishopricks. 2. For the bishop of Ely, his own answer is, that what he delivered as his opinion in the former consultation, was to supply those defects that could not be decided in capitular elections, (supposing always the necessity of some election, according to the constant practice of the whole church of Christ); and that since he considered of the method now on foot, he is clearly of opinion, it will consist as well with his majesty's prerogative, and much more with the ancient canons of the church. And 3. for the practice in Ireland, the same reverend person's reply to me was, that he did not more desire to live to see his majesty's face for any other cause, than that he might become an humble petitioner, that the like liberties might be restored to the church of Ireland which are continued in England; which would be a great honour to his majesty here, and a greater happiness hereafter. And if your lordship please to appoint any to turn over Binius (tom. 3, to page 832, of the Paris Edit.) you will find the sense of that famous council of Chalcedon as to the particular, in a case not only resolved by the fathers according to the laws of the church, but judged by the emperor's commissioners in that council, to stand in force for future practice. And this is one of those four councils, which were always held of the greatest veneration in the church, and are still so much countenanced by the laws of England.

"Now for the expedient mentioned in my letter to D. T., it was, that his majesty would be pleased to grant his commission to the bishops of each province respectively, to elect and consecrate fit persons to such and such sees, either assembled in provincial council, or otherwise as they should find most convenient, (his majesty signifying, as he hath done, his pleasure concerning the places and persons) with such dispensative clauses as should be found necessary upon the emergency of the fact; which commissions may bear date before the action, though all contingencies which may be necessary to be dispensed with cannot be so clearly foreseen, as to have them drawn up till the thing be done and then afterward, upon certificate and petition, to have his majesty's ratification and confirmation of the whole process; and the register to be drawn up accordingly by the chief actuary who may take his memorials hence, and make up the record there. And if this seems reasonable to your lordship for the preservation of his majesty's prerogative, it would be one of the greatest obligations you can lay upon the fathers and sons of this poor church, to satisfy his majesty in the whole and every branch of it. . . ..

"I have no more to add upon this account, but only that, seeing none is yet nominated for Carlisle, it is the bishop of Ely's opinion (and his pleasure I should signify it as such,) that your lordship may do his majesty good service in minding him, that it hath been always the prudence of our former princes, to keep some equality of the balance between the two universities (cæteris paribus) for the general encouragement of learning, (whereunto his majesty may still cast in a grain in the nomination to this place, if so it be his pleasure,) which otherwise, he observeth, will be overpoised, when he considers, both who are already in the stock, and who are designed for the supply. I must add his protestation, that this is said without insinuation of any particular person, which both he and the rest desire may proceed freely from his majesty's choice: and they bless God for his majesty's care and prudence in making choice of so many worthy persons for that great burden of the government of the church, and the settling the affairs thereof, when it shall please God to vouchsafe us so great a mercy.

"For the business of the church, the continued great indisposition of B. L.* (a person very useful every way) makes a new difficulty in it. I am very

["Bishop of London," note in Barwick's Life, p. 419.]

much urged by some of the rest to take a journey to him, which I am very loth to do at this time, when there may be other use of me here. They are desirous the chasm of Carlisle may be supplied while other things are preparing. It will be a hard work to do it as it ought. I have made some inquiry into matters of this nature, the beginning of Queen Elizabeth, and find it no phrase of course in the statute (8 Eliz. c. 1.) when they speak of the great caution was then used, for which they refer to the records."

"'*

"A continuation of the state of Religion among the Bishops and Episcopal Clergy, in a Letter from Mr. Chancellor Hyde to Mr. John Barwick, solicitor in those affairs at London, dated from Brussels, July 8th, 1659. "Sir, I have received yours of the 21st of last month, which is exceedingly satisfactory to the king in all particulars. His majesty forbears to write himself, having nothing to add to what he hath formerly said, and cannot wish the business, with reference to the several persons, in a better way than you have put it; only he desires, that as frequently as you meet with fit opportunities, you will advertise him of the progress you make. And the truth is, he is not better pleased with the general account of affairs from any body, than what you write.

"I am so fully convinced by your discourse in the business of the church, that I think myself obliged to make some apology for the obstinacy I might seem to have when Mr. Allestrey was here, and to tell you from whence it proceeded. You must know that we have always thought this affair of such a nature, that it is as necessary to make it a secret here, as where you are: and the truth is, except it be to my lord of Ormond, and Secretary Nicholas, and myself, there is not the least thing of it known, nor upon my conscience imagined. It hath been no small affliction to me, that I have not had any to converse with, in a point of so much difficulty, who understands more of it than myself, which, God knows, is too little. And that affliction hath been increased by the very positive difference of opinion between those by whom I am very willing to be instructed. The bishop of Derryt was, and I think still is, so positive for the Irish way (which I think he wishes introduced into England) that no way seemed so safe to him as consecrating all the persons to void sees in Ireland, and then removing them to others in England, which he thought would clearly elude all those formalities which serve to perplex us. Dr. Cosins (who to my judgment understood the affair much better, and in no degree liked the other way) assured me, that he had the bishop of Ely's full approbation of the form proposed by him, of which I informed his majesty. And upon that ground and that foundation we adhered to that method and order; much preferring the bishop of Ely's judgment and advice, in that point, before any man's: and upon the same ground his majesty is very willing to change, and acquiesce in the opinion and resolution now proposed, and leaves the whole dispatch of it entirely to their care, both for the time and the manner. . . . .

"I pray remember my service with all imaginable reverence to my lord of Ely, and assure him, that the king will always return that candour, benignity, and equality to both the universities, which he wishes; and I hope all, who shall be entrusted by him in that great affair, will be as just and dispassioned in all their interpositions, and look upon them as equal lights to learning and piety, and equally worthy of all encouragement and protection. And if at present my lord of Ely will recommend any person to his majesty for the bishoprick of Carlisle, he shall be approved: and if my lord will transmit a list of persons to be specially recommended to the king for any dignities in the church, I dare promise, the persons shall find that they could not have been better recommended.

* Bishop Kennett's Register and Chronicle, pp. 14—16, taken from the Appendix to the Life of Dr. Barwick, No. VII.

✦ ["Dr. Bramhall," note in Barwick, p. 424.]

I know not what more to add, but my hearty service to your sick friend, whose health I pray for, as a public concernment. To yourself I shall say no more, but that I shall think myself very faulty, if I do not serve you very heartily; and if you do not with the first receive some evidence of the sense the king hath of your service. I am very heartily, Sir, your most affectionate servant, HYDE."*

Brussels, 25th July, 1659.

"For the matter of the church I can add nothing to what I said to you in my last and if my lord of Ely will recommend a person to the see of Carlisle, he will be added to the rest by the king."...t

"Superscrib'd

(For Mr. Burges, these)

Brussels, July 28, 1659.

"I want advice from some, what dignity in the church would be most suitable to your acceptation, and in what country you would wish it to lie; for the king hath given me a charge concerning it, and I am not enough instructed; pray help me in it. I have not time to add more, than that I am, Sir, your most affectionate servant, HYDE."

You must never forget my service to my lord of Ely; and if he please to recommend some of his friends to the king, they will find the fruit of it in all ways."

Mr. Barwick to the Lord Chancellor.

Sept. 14, 1659. "This is the second part of my task, and relates to the chief thing in my present intention, the business of the church; concerning which your last hath given so full a content to those, that really mind it, and rightly understand it, that I am by them commanded to return their humble thanks to your lordship, and their most submissive duty, by your mediation, to his sacred majesty. It is the greatest evidence of God's favour to this poor church, that she hath a nursing father of so great piety and candour, and not the least, that he hath a minister of so much fidelity and unbiassed affections for her good in every respect; and it would be a very great shame and sin too for us, that have the opportunity for it, if we do not upon every occasion humbly propose such things, as may give you a true information, how that may be best obtained, which is so piously intended.

In my last I desired some assistance and instruction, as to some particulars, that concern the persons nominated for bishops; but I was then in such haste, as I could not give you my reasons for it; I hope you have some good assurance, that all of them will undergo that great work; and yet it is disputable among some of us here: for, I believe, all of them understand the weight of the burthen so well, as not to make it the object of their desire; though I know withal, that several of them are resigned for any service of the church, whatsoever the consequences be. Those that either are of great years, or have great dependences of wife and children upon them, have the strongest temptations to the contrary; and I could instance in some, with whom it is thought they may prevail; but how well those thoughts are grounded, I know not. I doubt not, but S. N. § understands his brother's mind, and you from him; but otherwise some here are in doubt, what he will do in this case, as things now stand; being a person of much prudence and caution. There is another whom

Bp. Kennett's Register and Chronicle, pp. 20-22. See Barwick's Life, Appendix, No. IX. Ibid., No. XI. rp. 434, 435.

† Barwick's Life, Appendix, No. X. p. 431. S" Mr. Secretary Nicholas."

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