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· XIII. That whereas complaint is made of the abuse of ex- ELIZAcommunications, as well in regard of the grounds and causes upon which it is pronounced, as of the persons who execute the sentence, they desire their lordships would please to consider, whether a bill might not be brought in to this effect, viz. That in cases of property, contempt, &c. the party cast or offending, may be pronounced contumax, instead of excommunicated; and if after such denunciation the party shall not give satisfaction within forty days, that then his contumacy should be certified into the Chancery, and a writ“ de contumaci capiendo” awarded ; and this writ to have the same force and effect with that “de excommunicato capiendo.” They propose this expedient to guard the solemnity of excommunication, and keep this highest censure from being contemned.

XIV. Since it is not fit the Church should be disarmed of the power to excommunicate, they would have a proviso thrown in, that the sentence may be executed upon incest, adultery, and such scandalous crimes, by the bishops themselves, with the assistance of grave persons; or at least by some of the clergy, with the like assistance: and that this sentence should not be decreed by chancellors, commissaries, or officials.

XV. That provision may be made against pluralities and licences for non-residence.

XVI. That in case such faculties are still continued, none may be permitted the advantage of a licence for non-residence, Paper-office. unless he furnishes the parish with an able and sufficient preacher to officiate in the cure: and that no curate may be suffered to continue that employment, unless he is qualified to preach, performs that office every week, and instructs the youth in the Church Catechism'.

Journal of

the House Thus much for the petition. The substance of the Lords' of Comanswer, delivered to the committee of the Commons by the lord mons. treasurer and the archbishop of York, is as follows. The treasurer's answer was short and general: he said, “ It was the opinion of the Lords, that many of the articles proposed by the Commons were unnecessary; that provision was made for the rest; and that uniformity in divine service was settled by parliament.”

A very excellent proposal in order to mitigate the abuse of non-residence and pluralities, by so many worthy divines declared indefensible, except on the plea of a necessity, which legislation might remove.

WHIT- The archbishop of York's answer was larger, and more par

GIFT, Abp. Cant. ticular. The two first articles he conceives ought not to pass ;

and to answer their main objection, he replies, that in such parishes where sufficient preachers were wanting, divine service and good homilies were commonly read : and this it seems he thought sufficient for the people's instruction. He grants the necessity of the third article, but wholly disagrees to the fourth. The fifth article suggested for preventing a ministerium vagum, he was willing to allow; but he thought it ought to be drawn with some farther savings : for, as it was penned already, he believed it might reach too far, and affect deans, &c. The sixth article he wholly disallowed ; in his opinion it was tinctured with popularity, and might occasion a great deal of squabble and misunderstanding. The seventh article he altogether disliked, and declared for lawfulness, and public benefit of the subscription complained of. The eighth and ninth articles he disallowed throughout, because the liberty desired would free their ministers from all kind of jurisdiction, and make them in a manner independent of Church and State. The tenth article he could not agree to, because deprivation was frequently necessary in terrorem ; and that the party deprived might make his submission, and recover his preferment. The eleventh article he disliked, which is all that is entered upon the journal. The twelfth article he thought necessary, and would take order for such exercises : but here the rest of his reply fails by the negligence of the clerk of the house of Commons. The thirteenth and fourteenth articles he confessed, required no more than what seemed reasonable; and yet upon a close inquiry would be found not without inconvenience. For if excommunication must not proceed upon contumacy, and other instances of misbehaviour, though small in themselves, an unpractised censure must be brought into the Church, which would draw a great deal of innovation along with it. He added farther, that excommunication in these

was used for the same purpose with outlawries and attachments in the temporal courts; it was only to try the cause, and bring the parties to their answers;

who their appearance are absolved of course. However, he promised that himself, and the rest of the bishops, would be particularly careful in this matter; and that for the future no excommunication should be sent out, excepting for adultery, or some other


tion enacted.

scandalous crime; or for those contumacies, against which ELIZAthere could be no remedy any other way. The archbishop has BETH. hitherto delivered the sense of all the bishops, as he declares himself. As to the fifteenth and sixteenth articles he professed he would never for the future allow of any pluralities for life. He told them farther, that the lords spiritual approved their Idem. proviso; and that when any temporary dispensations were granted, care should be taken for unexceptionable curates.

The association above mentioned was passed into an act The ussociathis parliament, and pointed directly upon the queen of Scots. 27 Eliz.

There was likewise an act made against Roman Catholic cap. 1. priests and jesuits, who practised sometimes against the State upon the excommunicating bull of Pius Quintus: they are ordered by the statute to depart the kingdom within forty An act endays, and not to return under the penalty of high treason. Jesuits and This last clause has some proviso mentioned in the act. To priests to proceed: those who knowingly receive, support, and entertain depart the any of these priests and jesuits, are made guilty of felony. All seminary priests or religious', who within six months after proclamation do not return, submit themselves to her majesty, and take the oath of supremacy either before the bishop of the Eliz

. diocese, or two justices of peace, are adjudged traitors : and those who perform the conditions required, in case they do not

595. keep themselves at the distance of ten miles from court for the first ten years, their submission is void. Those who make any remittances to seminaries, incur the penalty of a præmunire. Those who know any such priests or jesuits, and do not discover them within twelve days, are to be fined and imprisoned at the queen's pleasure. And if any justice of peace, or other officer, does not give information of any such discovery made to him within eight and twenty days, either to the privy-council, or vice-president of the north, or the marches of Wales, he was to forfeit two hundred marks. And lastly, those who sent their children to any foreign seminaries, were to forfeit an hundred pounds. This clause was only for her majesty's life.

cap. 1.

The Dissenters, as hath been observed, had a considerable interest in the house of Commons. This, besides what has been already related, will farther appear from archbishop Whitgift's letter to the queen:

1 This noun adjective,“ religious," as applied to Romanistic devotees, or those bound by vows, is perhaps the most awkward word in our language : it might advantageously be modified into religiousite, or religionite,

1 Eliz.

cap. 2.



To the Queen's Most Excellent Majesty. GIFT, Abp. Cant.

May it please your majesty to be advertised, that notwithArchibishop standing the charge of late given by your highness to the lower letter to the house of parliament, for dealing in causes of the Church; albeit

also, according to your majesty's good liking, we have set down orders for the admitting of meet men into the ministry hereafter ; yet have they passed a bill in that house yesterday touching the matter, which, besides other great inconveniences (as namely the trial of the ministers' sufficiency by twelve layinen, and such like), hath this also, that if it pass by parliament, it cannot hereafter but in parliament be altered, what necessity soever shall urge thereunto; which I am persuaded in short time will appear, considering the multitude of livings not fit for men so qualified, by reason of the smallness thereof: whereas if it pass but as a canon from us, by your majesty's authority, it may be observed or altered at your pleasure. They have also passed a bill giving liberty to marry at all times of the year, without restraint, contrary to the old canons continually observed amongst us; and containing matter which tendeth to the slander of this Church, as having hitherto maintained an error. There is likewise now in hand in the same house a bill concerning ecclesiastical courts, and visitations by bishops, which may reach to the overthrow of ecclesiastical jurisdiction, and study of the civil laws. The pretence of the bill is against excessive fees and exactions in ecclesiastical courts; which fees are none other than have been of long time accustomed to be taken, the law already established providing a sharp and severe punishment for such as shall exceed the

besides an order also which we at this present have taken amongst ourselves for the better performance thereof. I therefore most humbly beseech your majesty to continue your gracious goodness towards us, who, with all humility, submit ourselves to your highness, and cease not daily to pray for your happy estate, and long and prosperous reign over us. “ Your majesty's chaplain, and daily orator most bounded,

" JOHN CANTUAR." ginal.

This letter either found or made the queen of the archbishop's sentiment ; for the bills and debates in the lower house came to nothing, and no alteration passed upon the discipline of the Church this session. On the 29th of March the

same ;

Fuller's Ch. Hist. book 9. from Sir Peter Manhood's Ori


in the disci

queen made a speech to both houses, at the prorogation of the ELIZAparliament. She takes notice, “ that some people had been

. busy in finding fault with the clergy; that a censure of this kind reflected upon herself. For since God had made her an over-ruler of the Church, her negligence could not be excused, The queen

refuses to if any schism or heresy was connived at. She grants there suffer any

alteration may be some misbehaviour and omission amongst the body of the clergy; and that such miscarriage is common to all consi- pline of the derable offices. All which,” continues her majesty, “if you my lords of the clergy do not amend, I mean to depose you. Look you, therefore, well to your charges."


Journal, It is plain, by this speech, the queen was led into a misper- p. 328. suasion concerning the regale; she delivers herself as if she 4. D. 1585. had an apostolical commission within her dominions, and her power was paramount to the episcopal college. The parliament was prorogued to the 20th of May, and so on from time to time till the 14th of December, 1586, when it was dissolved'.

The convocation met on the 24th of November, 1584, where little was done, excepting the granting a subsidy. On the 18th of December, John Hilton, clerk, imprisoned by the high commission, for error, heresy, and blasphemy, was ordered to be convented. He made his appearance on the 22d following, and confessed the accusation, and that in a sermon at St. Martin's-in-the-Fields, he had affirmed the Old and New Testament are but fables ; that he had blasphemed our Saviour, and declared himself an heathen. After this, he gave

Hilton's rein his abjuration in writing. Upon this submission, penance was enjoined, with an admonition premised, not to maintain and teach any such heresies and blasphemies. As to the discipline put upon him, he was not to preach, or exercise

any part of his function, without special licence from the archbishop. And, secondly, a recantation was ordered him in St. Martin's church, where Dr. Cotton was to preach, and the lower house of cavocation was to be present. This convoca- The convotion sat till the 21st of May, which was about seven weeks after the prorogation of the parliament: from this term it was

wceks after

the prorogaprorogued from time to time by the queen's writ, till the dis- tion of the

parliament. solution, which happened on November the 15th, A. D. 1586.


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1 Queen Elizabeth seems to have entertained the same theory as Hooker respecting the regale. Collier too often forgets the doctrine enunciated by Filmer,—that the divine and patriarchal character of monarchs is superior in ccclesiastical no less than in laical relations.

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