Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
But, whatever pretext the custom of centuries or the authority of
compliant lawyers might afford for these dispensations from the test,
no legal defence could be made for the ecclesiastical commission of
1686. The high commission court of Elizabeth had been altogether taken
away by an act of the long parliament, which went on to provide that
no new court should be erected with the like power, jurisdiction, and
authority. Yet the commission issued by James II. followed very nearly
the words of that which had created the original court under
Elizabeth, omitting a few particulars of little moment.[99] It is not
known, I believe, at whose suggestion the king adopted this measure.
The pre-eminence reserved by the commission to Jefferies, whose
presence was made necessary to all their meetings, and the violence
with which he acted in all their transactions on record, seems to
point him out as its great promoter; though it is true that, at a
later period, Jefferies seems to have perceived the destructive
indiscretion of the popish counsellors. It displayed the king's change
of policy and entire separation from that high-church party, to whom
he was indebted for the throne; since the manifest design of the
ecclesiastical commission was to bridle the clergy, and silence the
voice of protestant zeal. The proceedings against the Bishop of
London, and other instances of hostility to the established religion,
are well known.
Elated by success and general submission, exasperated by the
reluctance and dissatisfaction of those on whom he had relied for an
active concurrence with his desires, the king seems at least by this
time to have formed the scheme of subverting, or impairing as far as
possible, the religious establishment. He told Barillon, alluding to
the ecclesiastical commission, that God had permitted all the statutes
which had been enacted against the catholic religion to become the
means of its re-establishment.[100] But the most remarkable evidence
of this design was the collation of Massey, a recent convert, to the
deanery of Christ Church, with a dispensation from all the statutes
of uniformity and other ecclesiastical laws, so ample that it made a
precedent, and such it was doubtless intended to be, for bestowing any
benefices upon members of the church of Rome. This dispensation seems
to have been not generally known at the time. Burnet has stated the
circumstances of Massey's promotion inaccurately; and no historian, I
believe, till the publication of the instrument after the middle of
the last century, was fully aware of the degree in which the king had
trampled upon the securities of the established church in this
transaction.[101]
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