UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ^iy n ^mmmmtmm. *?• / in „>o \ § V c y\l Kg^ o d \t •> SUMMARY VIEW OF THE . L A W S RELATING TO SUBSCRIPTIONS,^. WITH REMARKS, HUMBLY OFFERED to the CONSIDERATION of the BRITISH PARLIAMENT. LONDON: PRIKTED IN THE YEAR M DCC LXXfc Sju, £37 nil V -/£-£ in A i i SUMMARY VIEW OF THE Laws relating to Subscriptions, &c. with REMARKS, Humbly offered to the Confideration of the British Parliament. [A] TNtheYear i ^53,werepublimedbythe J_ King's Majefty's authority, "Articles " agreed upon by the Bifhops andother learn - " edand godly men in the laft Convocation " at London, in the year of our Lord 1552, " to root out difcord of opinions, and efta- " blifh the agreement of true religion." Bifliop Sparrow's Collection of Articles, &c. Remark. — It is however certain, that thefe Articles were not agreed upon in Convocation. Archbifhop Cr owner's account of the matter was this. " I was ignorant of the fetting to of ** that title, and as foon as I had knowledge •« thereof, I did not like it ; and when I com- c< plained thereof to the Council, it was an- " fwered by them, That the Book was fo en- " titled, becaufe it was fet forth in the time of " the Convocation." Burnet's Hift. Reform. Vol. III. p. 210, 211. And Fox's Martyrolo- gy. Bifhop Burnet fays, " It feemed to be a u great want, that this" [the publication of thefe A 2 Articles] ( 4 ) Articles] " had been fo long delayed, as the tc old Doctrine had ftill the legal authority of " its fide." What legal authority the old Doc- trine had, except in the decifions of foreign Canons which were received in this Kingdom with great refervation of municipal Rights, &c. is not clear. The danger of dogmatizing was not unknown in thofe days, and it would'' have anfwered the end of the new Eftabiifhment juit as well to have enjoined Subfcription to the Article cited below in the Remark upon D only. [B] A Mandate bearing date June 19, in the feventh year of the King's reign [1553] was ifTued, addreffed to the Officers of the Archbifhop of Canterbury [Cranmer] (refer- ring to a previous Mandate addreffed to the Archbifhop himfelf, and giving him autho- rity to expound, publifh, denounce, and fignify the faid Articles to the King's clergy and people within his jurifdiclion) to fum- rcon or peremptorily admonifh all and fin* gular Rectors, Vicars, Prtfbyters, Stipendia- ries, Curates, Rural Deans, Minillers, M af- ters of Grammar Schools, public and pri- vate Preachers of the Word of God, Lec- turers and all who exercifed any Eccleiiaflical function of whatever denomination, includ- ing even Churchwardens, to appear at Lam- beth, on Friday the 23d day of June:, be- tween the hours cf feveri and nine, to do and ( 5 ) and receive what mav be farther agreeable to reafbn, and becometh their duty to the royal dignity. Burnet's Hilt. Reform, vol. III. Collection, p. 202, Rem. - This Mandate was iflfued purfuant to a Letter of the Archbifhop's to the King and Coun- cil, " defiring that all Bilhops might have au- thority from the King to caufe all Preachers, Archdeacons, Deans, Prebendaries, Parfons, Vicars, Curapes, with all their Clergy, to fub- fcribe the faid Articles."— f he reafon given by the Archbifhop for fuch his defire was, " that U he trufted fuch a Concorde and quietnefs in " Religion ihould fiiortly follow thereof, as elle " was not to be looked for of many Years." Probably the good man found this expedient did not anfwer his expectation. For tho 5 his Pow- ers by this Mandate were very full, we find him declaring at his Examination before JVeJton y that he compelled no man to fubfcribe. A Declara- tion that fufficiently fhews, he had met with opposition to this meafure of Peace and Quiet- nefs. And moft probably it was not only the gentlenefs of his own difpofition, but the con- lcioufneis of the incongruity of fuch compulfi- on, with the original principles of the Proteftant Reformation, which occasioned his Forbearance. This is one inttance of thofe difficulties the firft Reformers found in accommodating the new Eftablifhment to the temper of the times con- fidently with their own Profeffions of being determined in matters of Faith and Doctrine, by the Scriptures only. It is hardly neceffary to .obferve, ( 6 ) obferve, that fuch Expedients are not only ufe- lefs now, but highly difparaging to the improve- ments we pretend to in the prefent times. [C] A particular Mandate to the Bi/hop of Norwich, bearing date June 9, directing him to caufe the faid Articles to be fub- fcribed by every manner of perfon prefent- ed unto him to be admitted to any Eccle- fkftical Order, Miniftry, Office, or Cure within his Diocefe, and if any man in that cafe mall refufe to confent to any of the faid Articles, and to fubfcribe the fame, then his Majeftv willeth and commandeth him the faid Biihop, that neither he, nor any for him, or by his procurement in any wife, (hall admit fuch recufant or allow him as fufficient or meet to take any Order, Mi- niftry, or Ecclefiaftical Cure. For which his fo doing, his Majefty promiies to dif- charge the Bimop from all manner of pe- nalties or dangers of actions, fuits, or pleas of Premimire, ^uare impedit, or fuch like. Burnet , Ibid. p. 203, Rem. — Here was a flretch of the Royal Pre- rogative which the end propofed would hardly jutlify. It was depriving the lubjecTt of the be- nefit of the Law by an arbitrary Non objlante. A writ of Quare imp edit is a writ of Rights and, without the Royal interpofition, would have compelled the Bifhop to give the Clerk inllitution, ( 7 ) institution, without fome better Reafon for de- nying it, than that the Clerk refufed to fub- fcribe thefe Articles. [D] A Mandatorial letter from the Bifhop of Ely (Goodricke) Chancellor, and three more appointed vilitors of the Univerfitv of Cambridge y dated 'June t, 1553, addreiTed to Dr. Sands (probably Vicechancellor) and to the Regents and Non- Regents of the faid Univerfity, enjoining an oath to be taken and fubferibed by every Candidate for' a de- gree in Divinity, or in Arts, containing, among others, the following engagement, Deinde me Articulos de quibus in Sinodo Lcn- dinenfi Anno Domini 1553.^ tollendam opini- onum dilfenjionem, et confenfum vera? Religionis firmandum inter Epifcopos et alios eruditos vi- ros convener at et Regia Author it ate in lucem editos, pro veris et certis habiturum, et omni in loco tanquam confenti elites cum verba Dei defenfurum, et contrarios Articulos in Scholis et Pulpitis vel refpondendo vel co?icio?2ando op-* pugnaturum. Burnet, ubi fupra, p. 205. Rem. — In the former part of this oath the Candidate fwore, fe veram Chrijli religionem om^ ni ammo complexurum y Scripture aathoritatem Hominum judicio prapofiturum, regulam vita et fummam fidei ex verbo Dei petiturum. Cetera qua ex verbo Dei non probantur, pro humanis et non necejfariis habiturum. It was utterly incon- fiftent ( 8 ) ftftjent v.idi the man's profeffing thefe things, tc* aflfer^ that he would efteem thefe Articles for true and certain, and to defend them as fuck againft all mankind, upon the mere prefump- tion that they were agreeable to the word of God, [E] Upon Queen Elizabeth's aCceffion, an Ait of Uniformity palled, wherein is no mention made of Subfcription either to the Liturgy eitablimed by that Act or to any Articles of Religion, nor in the vifitatorial Articles of Inquiry of the fame year, is there any one intimating that fuch Sub- fcription was required. See Sparrow's Col- lection. Rem, — It is remarkable that by this Statute,; the Clergyman offending againft it, is to be lawfully convicted according to the Laws of this Realm, by verdict of twelve men, or by his own confeffion; or by the notorious evidence of the fact •, and was not left folely to the Bifhop or Ordinary either for his trial or his pu- niihment •, and as the words " and be thereof 44 in form aforelaid lawfully convict," or words equivalent, run through the whole Act, it was' mamfeitly the intention of the Parliament to- put the inferior Clergy on the footing of the reft of the free Subjects of the Realm, and not leave them to the arbitrary cenfures of their re- spective Ordinaries, as thefe were too apt to en- croach upon the civil powers, by exercifing their 4? ( 9 ) their jurifdiction, where the laws of the Realm ihould have reitrained them, complaints of which were frequently made in Parliament, dur- ing this reign, and particularly with refpect to Sublcription, as will be i'cen by and by. N. B. There is one inllance of a trial by Jury upon this Statute, before Lord Chief Jultice Catlin, Biihop Sandys^ &c. preferved in a Book, called Part of a Regifter, &c. p. 105. The Cul- prit was one Robert Johnfon, Preacher at Nor- thampton. He was indicted for administering the wine at the Communion without the words of Confecration, for marrying without the Ring, and baptizing without making the Sign of the Crofs. He was convicted of the nrit offence, fentenced to fuffer a year's imprifonment, and died in the Gate-houfe before the end of the year, viz. 1573. In the courfe of the Trial, and from the circumftances of Johnfon's De- fence, fome points of Doctrine were difcufTed, and John/on was faid to defend a horrible Here- fy, which was probably the chief inducement with the Jury to find him Guilty. For the Fact, as Johnfon fhewed, was not a gain ft the Order of the Book. Sublcription was hotly urged this year. But Johnfon's notion of the words of Inltitution, was not provided againit in the Articles. [F] In the year 1562. King Edward's Articles were revifed, and altered, fome things added, others taken away, and the number reduced to thirty-nine. At the end of which, is the following Ratifica- B ticn. ( io ) tion. " This Book of Articles before re- hearfed, is again approved, and allowed to be holden and executed within the realm, by the afTent and confent of our Sove- reign Lady Elizabeth, by the Grace of God of England, France and Ireland Queen, De- fender of the Faith, &c. Which Articles were deliberately read, and confirmed again by the Subfcription of the hands of the Archbifhop and Bifhops of the upper Houfe, and by the Subfcription of the whole Clergy of the nether Houfe in their Convocation in the year of our Lord 1571 /' Rem. — The Latin Articles of 1562, differ very much from thofe [Latin] Articles pub- limed by Convocation in 157 1. It is probable there was the like difference between the Englifh copies, nor is it poflible now to know which of them is authentic. The Bilhops and Clergy in 1562, fubfcribed Archbifhop Parker's Latin co- py, and it is likely they fubfcribed a Latin co- py revifed, in the Convocation of 157 1 . But the Act of Parliament of that year refers to an Eng- lifh book, and how that copy agreed with that now in ufe, is totally unknown. It may be faid however with great truth, that, on account of the abovementioned differences, the articles now fubfcribed, are not the Articles agreed upon in the Convocation of 1562. There is likewife a fallacy in the Ratification as it ftands at prefent, with refpecl to the Queen's content, as if both books of Articles were precifely the fame, ( II ) fame, and equally approved by her Majefty ; whereas the words fubjoined to the Latin Arti- cles of if, 62, fo far as the Queen's authority is concerned, are thefe, Quibus omnibus Artuulis ferenijjima Princeps Elizabeth, Dei gratia Anglice y Fram i and of Doctor in each faculty *. [O] In the year 161 6, the King {James I.)*fent directions to Dr. "John Hill, then Vice Chancellor, and the Heads of Houfes in the Univerlity of Cambridge, fignifying his pleafure that he would have all who take any degree in the Schools, to fub- fcribe to thefe Articles. Rem. — Remarks on thefe Royal Directions, will be found under the Letter [S]. [P] In the year 1628 King Charles I. caufed the 39 Articles to be republished, prefixing thereto a Declaration, prohibiting the lean: difference from the faid Articles, and configning thofe who mould affix any new fenfe to any Article to the Church's cenfure in his Majefty's Commiffion Eccle- fiaftical, declaring that his Majefly would fee due execution done upon them. Rem. — Nothing can be more inconfiftent than to continue this Declaration at the head of the 39 Articles, while every Subfcriber is, by Canon 36, confined to a particular invariable form of words, in expreffing his affent and confent to * See the Grace annexed. them ; s ( 22 ) them-, nor can any judgment be made, whefe- ah article is ambiguoufly expreffed, which of thr ■Y/ J=r mnm UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 834 228 9