Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_High commission court._--The Act of Supremacy, while it restored all
ecclesiastical jurisdiction to the Crown, empowered the queen to execute
it by commissioners appointed under the great seal, in such manner and
for such time as she should direct; whose power should extend to visit,
correct, and amend all heresies, schisms, abuses, and offences whatever,
which fall under the cognisance and are subject to the correction of
spiritual authority. Several temporary commissions had sat under this
act with continually augmented powers, before that appointed in 1583,
wherein the jurisdiction of this anomalous court almost reached its
zenith. It consisted of forty-four commissioners, twelve of whom were
bishops, many more privy-counsellors, and the rest either clergymen or
civilians. This commission, after reciting the acts of supremacy,
uniformity, and two others, directs them to inquire from time to time,
as well by the oaths of twelve good and lawful men, as by witnesses and
all other means they can devise, of all offences, contempts, or
misdemeanours done and committed contrary to the tenor of the said
several acts and statutes; and also to inquire of all heretical
opinions, seditious books, contempts, conspiracies, false rumours or
talk, slanderous words and sayings, etc., contrary to the aforesaid
laws. Power is given to any three commissioners, of whom one must be a
bishop, to punish all persons absent from church, according to the Act
of Uniformity, or to visit and reform heresies and schisms according to
law; to deprive all beneficed persons holding any doctrine contrary to
the thirty-nine articles; to punish incests, adulteries, and all
offences of the kind; to examine all suspected persons on their oaths,
and to punish all who should refuse to appear or to obey their orders,
by spiritual censure or by discretionary fine or imprisonment; to alter
and amend the statutes of colleges, cathedrals, schools, and other
foundations, and to tender the oath of supremacy according to the act of
parliament.[319]
Master of such tremendous machinery, the archbishop proceeded to call
into action one of its powers contained for the first time in the
present commission, by tendering what was technically styled the oath
_ex officio_, to such of the clergy as were surmised to harbour a spirit
of puritanical disaffection. This procedure, which was wholly founded on
the canon law, consisted in a series of interrogations, so comprehensive
as to embrace the whole scope of clerical uniformity, yet so precise and
minute as to leave no room for evasion, to which the suspected party was
bound to answer upon oath.[320] So repugnant was this to the rules of
our English law, and to the principles of natural equity, that no
species of ecclesiastical tyranny seems to have excited so much
indignation.
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