tions, and no other. 3dly, To the thirty-nine articles of 'the church of England, agreed upon in the synod of 1562, and afterwards confirmed by parliament." And with what severity his grace enforced these articles, will be seen presently. It is easy to observe, that they were all levelled at the puritans; but the most disinterested civil lawyers of these times were of opinion, that his grace had no legal authority to impose those, or any other articles, upon the clergy, without the broad seal; and that all his proceedings upon them were an abuse of the royal prerogative, contrary to the laws of the land, and consequently so many acts of oppression upon the subject. Their reasons were; 1. Because the statute of the 25th Henry VIIIth. chap. 20, expressly probibits "the whole body of the clergy, or any one of them, to put in use any constitutions, or canons already made, or hereafter to be made, except they be 'made in convocation assembled by the King's writ, his 'royal assent being also had thereunto, on pain of fine and imprisonment. 2. Because, by the statute of 1st Eliz. chap. 3, "All such jurisdictions, privileges, superiorities, pre-eminencies spiritual or ecclesiastical power and authority, which hath heretofore been, or may lawfully be executed or used for the visitation of the ecclesiastical state and persons, and for reformation of the same, and of all manner of er6 rors, heresies, schisms, abuses, contempts, and enormities, are for ever united to the imperial crown of these realms"-Whence it follows, that all power is taken from the bishops, except that of governing their dioceses according to the laws of the land, or according to any further injunctions they may receive from the crown under the broad seal. 3. Because some of the archbishop's articles were directly contrary to the statute laws of the realm, which the Queen herself has not power to alter or dispense with. By the 13th Eliz. chap. 12, the subscription of the clergy is limited to those articles of the church, which relate to the doctrines of faith, and administration of the sacraments ONLY ; MS. whereas the bishop enjoined them to subscribe the whole thirty-nine. And by the preamble of the same statute, all ordinations in the times of popery, or after the manner of foreign reformed churches, are admitted to be valid, so that such may enjoy any ecclesiastical preferment in the church: but the archbishop says, [Art 4th] That none shall be admitted to preach, unless he be ordained according to the manner of the church of England. Upon these accounts if the Queen had fallen out with him, he might have incur red the guilt of a præmunire. To these arguments it was replied by his grace's lawyers, 1. That by the canon law, the archbishop has power to make laws for the well-government of the church, so far as they do not encounter the peace of the church, and quietness of the realm. To which it was answered, this might be true in times of popery, but the case was very much altered since the reformation, because now the archbishops and bishop's authority is derived from the person of the Queen only; for the late Queen Mary, having surrendered back all ecclesiastical jurisdiction into the hands of the pope, the present Queen upon her accession had no jurisdiction resi dent in her person, till the statute of recognition, Eliz. 1st, by which the archbishops and bishops of this realm, being exempted from the jurisdiction of the pope, are made subject to the Queen, to govern her people in ecclesiastical causes, as her other subjects govern the same (according to their places) in civil causes ;* so that the clergy are no more to be called the archbishops or bishop's children, but the Queen's liege people, and are to be governed by them, according to the laws, which laws are such canons, constitu tions, and synodals provincial, as were in force before 25 Henry VIII. and are not contrary, nor repugnant to the laws and customs of the realm, nor derogatory to her maj. esty's prerogative royal; and therefore all canons made before 25 Henry VIII. giving to the archbishops or bishops an unlimited power over the clergy, as derived from the see of Rome, are utterly void, such canons being directly against the laws and customs of the realm, which do not admit of any subject executing a law but by authority from the prince; * MS. P. 661. and they are derogatory to her majesty's prerogative royal, because hereby some of her subjects might claim an uulimited power over her other subjects, independent of the crown, and by their private authority command or forbid what they please. Since then the archbishop's articles were framed by his own private authority, they cannot be justified by any of the canons now in force. And as for the peace of the church and quiet of the realm, they were so far from promoting them, that they were like to throw both into confusion. 2. It was said that the Queen, as head of the church, had power to publish articles and injunctions for reducing the clergy to uniformity; and that the archbishop had the Queen's licence and consent for what he did. But the Queen herself had no authority to publish articles and injunctions in opposition to the laws; and as for her majesty's permission. and consent, it could be no warrant to the archbishop, except it had been under the great seal. And if the archbishop had no legal authority to command, the clergy were not obliged to obey; the oath of canonical obedience does not bind in this case, because it is limited to licitis et honestis, things lawful and honest; whereas the present articles being against law, they were enforced by no legal authority, and were such as the ministers could not honestly consent to. Notwithstanding these objections, the archbishop, in his primary metropolitical visitation, insisted peremptorily, that all who enjoyed any office or benefice in the church should subscribe the three articles above-mentioned; the second of which he knew the puritans would refuse: Accordingly there were suspended for not subscribing, All whose names are now before me; besides great numbers in the diocese of Peterborough, in the city of London, and proportionable in other counties; some of whom were dignitaries in the church, and most of them graduates in the university; of these some were allowed time, but forty-nine were absolutely deprived at once.* Among the suspended ministers his grace shewed some particular favor to those of Sussex, at the intercession of some great persons; for after a long dispute and many arguments before himself at Lambeth, he accepted of the subscription of 6 or 7, with their own explication of the rubrics, and with a declaration that their subscription was not to be understood in any other sense, than as far as the BOOKS were agreeable to the word of GOD, and to the substance of religion established in the church of England, and to the analogy of faith; and that it did not extend to any thing not expressed in the said books.† Of all which the archbishop allowed them an authentic copy in writing, dated Dec. 6th, 1583, and ordered his chancellor to send letters to Chichester, that the rest of the suspended ministers in that county might be indulged the same favor. Many good and pious men strained their consciences on this occasion; some subscribed the articles with this protestation in open court, as far as they are agreeable to the word of GOD; and others dempto secundo, that is, taking away the second. Many, upon better consideration, repented their subscribing in this manner, and would have rased out their names, but it was not permitted. Some, who were allured to subscribe with the promises of favor and better preferment, were neglected and forgotten, and troubled in the commissaries court as much as before. The court took no notice of their protestations or reserves; they wanted nothing but their hands, and when they had got them, they were all listed under the same colors, and published to the world as absolute subscribers. The body of the inferior clergy wished and prayed for some amendments in the service book, to make their brethren easy. "I am sure (says a learned divine of these times) that this good would come of it. (1.) It would please Al'mighty GoD. (2.) The learned ministers would be more MS. † MS. p. 323, 405. Life of Whitgift, p. 129. § Fenner's Auswer to Dr. Bridges, p. 119, 120. firmly united against the papists. (3.) The good ministers and good subjects, whereof many are now at Weeping'Cross, would be cheered; and many able students encouraged to take upon them the ministry. And, (4.) Hereby • the papists, and more careless sort of professors, would be 'more easily won to religion. If any object, that excellent 'men were publishers of the BOOK OF PRAYER, and that it would be some disgrace to the church to alter it, I answer, 1st. That though worthy men are to be accounted of, yet their oversights in matters of religion are not to be honored by subscriptions. 2dly. The reformation of the ser'vice book can be no disgrace to us nor them, for men's 'second thoughts are wiser than their first; and the papists in the late times of Pius V. reformed our Lady's Psalter. To conclude, if amendments to the book be inconvenient, 'it must be either in regard of protestants or papists; it 'cannot be in regard of protestants, for very great numbers ' of them pray heartily to God for it. And if it be in re'gard of the papists, we are not to mind them; for they whose captains say, that we have neither church, nor sa'craments, nor ministers, nor Queen, in England, are not 'greatly to be regarded of us."* 1st. But Whitgift was to be influenced by no such arguments; he was against all alterations in the liturgy, for this general reason, Lest the church should be thought to have maintained an error: which is surprising to come from the mouth of a protestant bishop, who had so lately separated from the infallible church of Rome. His grace's arguments for subscription to his articles are no less remarkable. If you do not subscribe to the book of common prayer, you do in effect say there is no true service of God, nor administration of sacraments in the land. 2dly. If you do not subscribe the book of ordination of priests, &c. then our calling must be unlawful, and we have no true ministry nor church in England. 3dly. If you do not subscribe the book of the thirty-nine articles, you deny true doctrine to be established among us, which is the main note of a true church. Could an honest man, and a great scholar, be in earnest with this reasoning? Might not the puritans * MS. p. 156. + Life of Whitgift, p. 125. 54 VOL. I. |