Leaves from the Note-Books of Lady Dorothy Nevill

by Lady Dorothy Nevill

R. Walpole.

The memorandum itself, which is somewhat lengthy, appears to have been drawn up with a view to satisfying Sir Robert that in the event of the Pretender being placed upon the throne of England no attempt would be made to interfere with the privileges of the Protestant Church. It begins:—

Heads Offered to Consideration in Relation to the Security

and Advantage of the Church of England

When in the year 1721 I looked over Archbp. Sancroft’s manuscripts and papers, I found among them one containing a scheme for the government of the Church of England under a R.C. Prince; which I thought exceeding well drawn, as well for preserving a just prerogative in the Crown, as for providing a reasonable security for the Church. It appeared to me to be drawn at the time of the Bill of Exclusion, when the late K. Charles offered to come into any scheme of that nature, though he was resolved never to passe that Bill, as conceiving it to be contrary to honour, justice and conscience. I laid that scheme aside, with some curious discourses of the Archbps. and abundance of valuable letters which I selected in order to write his life. But being to passe into Leicestershire and spend 3 or four months before I got to London, I left them at Fresingfield, intending to send for them to town, as soon as I got thither. But being forced to come abroad not long after in 1722, they still remained at Fresingfield, and were swept away by Dr. Tanner, then Chancellor of Norwich, with the rest of the ArchBps. manuscripts, which he bought in the beginning of 1728, about a quarter of a year before I returned to England. Dr. Tanner dying about 3 years ago and leaving all his MSS. to the University of Oxford, I made two journeys thither last year to search for this scheme: but though I looked over every individual paper of his that had been delivered to the University, I could not find what I searched for. This makes me conclude that the Drs. Executors did not deliver to the University all the MSS. that were bequeathed them; and the rather because I did not observe among them half even of the most curious MSS. of the ArchBps. which I had taken a short catalogue of for my own use.

In defect of this scheme, I venture to draw up my own thoughts on the subject, and to mention some particulars which I conceive may be either for the security or for the advantage of the Church of England.

First, that which I imagine would be a very good and perhaps a better security to it than any other privilege, is the restoring to the Clergy their ancient right of taxing themselves; a right enjoyed by the Clergy in all parts of Europe, and never enjoyed by the English till 3 years after King Charles the Second’s restoration; when the Convocation then sitting gave it up by a Solemn Act, without ever consulting their Constituents, reserving, however, to themselves by an express clause a power to resume it whenever they should think fitting. It would be against all law, justice, and equity to deny them such a resumption whenever they demand it; which they are now universally desirous of doing, having seen the Sitting of Convocations interrupted, and that representative Body and chief judicature of the Church rendered useless, almost ever since they gave up this right. The House of Commons, fond of allocations of extending their power, and grasping at everything that will aggrandize themselves, may not perhaps care to part with this new branch of their power; but it is not the interest of the Crown that the Commons should grow too great, and the experience of 1641 ought for ever to make a Prince, and indeed all orders of men, jealous of every accession of power which accrews to that Body: and if ever they are to be prevailed with to part with this additional branch thereof, it is most likely to be done on the account here mentioned, viz. for the security of religion. For by the constant and regular sitting of the Convocation concurrent with every Parliament (which will be fully provided for by restoring to the Clergy this right of taxing themselves), it will be scarce possible for any material steps to be taken for the introducing of another religion, when there is a body of men sitting and on the watch against all measures of that kind, and ready to oppose them by their weighty and prudent remonstrances. There is no method so proper for redressing grievances as by returning to the old ways of our Constitution; all deviations from which have ever been found of mischievous consequence. The inconveniences of new institutions are seldom thought of till they are felt; but we have the experience of ages to shew us the wisdom and advantages of ancient usages: and as no inconvenience ever yet attended this right of taxation during the many hundreds of years that the Clergy enjoyed it, it cannot with the least pretence to reason be surmised that any should now attend the restoring it to them. I knew not whether I need observe that the only reason why the Convocations grants of subsidies were inserted in Acts of Parliament was that the Collectors thereof might have a power of distraining on the glebe and goods of the Clergy; which could not be given by any Ecclesiastical authority.

2. Another thing that would contribute greatly to the security of the Church, and be as much for its benefit, is a repeal of the Act of Submission passed in the time of Henry 8, which hinders ArchBps. and Bps. from holding provincial and diocesan synods, to which they were obliged by the old canons of the Church, but are deterred from doing so by the dread of a Praemunire, which in such case they would incur according to the terms of that Act. The right of holding such synods in provinces and dioceses, for the due ordering of Ecclesiastical affairs and the better execution of the Canons, is as ancient as the institution of Christianity, and is enjoyed in all Christian countries upon earth, except in England. For the Act of Submission having never taken place in Ireland (where as there had been no exercise of the Legative power, so there had been no obedience paid to it, and consequently no penalties thereby incurred), the Clergy in that Island still enjoy the right of meeting in provincial and diocesan synods. ArchBp. King of Dublin lately held one of the first sort, and the Acts of one of the latter kind held by Bedell, Bp. of Kidmore, are published in the life of that prelate: which are sufficient evidences of this right of the Church of Ireland. It was in this manner that the Primitive Church was governed, and it is fit that every National Church in times posteriour to their should be governed in the same manner; as that of England indeed ever was till the Act of Submission. These Synods will be a great security to the Church of England in the intervals of Parliaments and Convocations.

They will be likewise of great use in other respects, and contribute much to the ends of religion. They may restore the just discipline of the Church, and correct abundance of grievances, as well as in regard of the scandalous corruption of the spiritual Courts, as of the shameful oppression of the Clergy by some Bps. in many cases. Bishops in France and other countries abroad, tho’ obliged by the Canons to hold diocesan Synods every year, are yet not very fond of holding them, because they are a curb upon their authority. For tho’ they can put a negative upon the resolutions of the majority, yet being often ashamed of dissenting from truth and reason, the Presbyters or incumbents of livings are still found to have the greatest weight in such Synods. And possibly for the same reason they may be as little agreeable to our English Bishops, who having in a manner quite lost the power of exercising any part of their authority over the Laity, endeavour continually to make themselves amends by lording it over other Clergy; insisting (as their Archdeacons also, after their example and in virtue of their delegated authority, have done) upon the oath of canonical obedience, which they pretend obliges the Clergy to obey them in everything whatever that they enjoin which is not absolutely unlawfull; an interpretation of that oath contrary to the sense of all Canonists abroad, who agree that it only obliges to obedience in such things as are prescribed by the Canons. But the fonder they are of power, the more necessary is it that their power should be restrained to the ancient bounds, and that institutions of such great use as Diocesan and Provincial Synods should be restored.

It was in such provincial Synods, that all disputes about matters of faith were determined and heresies condemned during the 3 first centuries of Christianity. It is in these that the authority and jurisdiction of the Church has in all ages been chiefly and most usefully exerted. ’Tis a hardship peculiar to the Church of England to be deprived of a benefit which all other Churches upon earth enjoy, and therefore it is much to be wished this right of holding provincial Synods were restored. There would then be no want of visible judge of doctrine and controversies, such as served to direct the primitive Christians and martyrs in the first ages of the Gospel in the way of salvation. There would not then be any want either of a ready antidote against any heretical or irreligious books that are published nowadays with encouragement rather than impunity, or of power to censure them and punch the authors thereof if they should prove to be Clergymen. There would not then, if any Bp. or other Ecclesiastick should preach and maintain any heretical tenets or assert any of the new erroneous doctrines which the Court or Church of Rome have grafted upon the ancient faith of the Church, or be guilty of any other crime the Canons have decreed to be punished with deprivation, be any want of canonical authority to take cognisance of the cause, and pronounce sentence in a regular manner. For it is in these provincial Synods that Bishops have in all ages of the Church been ever judged and deprived in such cases: and if the same method had been established in England in Q. Mary’s time, the church would not then have been ruined. For none of the Edwards Bps. were deprived canonically by a Synod of their comprovincial Bps., but by a few persons, some of them Laicks, empowered by a particular commission from Her Majesty. The High Commission Court has indeed been since put down by an Act of Parliament, which provides that neither that Court nor any like it shall ever be erected for the future. But lawyers may possible dispute whether that Act extends to such particular commission as Q. Mary issued (which perhaps were not thought of in 1690 when this Act passed); so that it is highly to be wished that Provincial Synods might be restored, and the offences of Bps. and Clergymen inferring deprivation, subject to their cognisance.