Ecclesiastical History of England, Volume 1—The Church of the Civil WarsStoughton, John
History
Ecclesiastical History of England, Volume 1—The Church of the Civil Wars
Stoughton, John
Great Britain -- Church history
The method of proceeding _ex officio_ was by the examination of the
accused on his oath, that he might so convict himself if guilty, and
if innocent, justify himself by compurgation[25]--a method, it may be
observed, totally opposed to the criminal jurisprudence of our common
law, and one which became increasingly offensive in proportion to the
increase of national attachment to the English Constitution on the side
of popular freedom. Though, as we look at the moral purpose of these
institutions, and the cognizance they took of many vicious and criminal
irregularities of conduct which did not come under the notice of civil
magistrates, we are quite disposed to do justice to the motives in
which the courts originated, and to admit that in the rude life of the
middle ages they might possess some advantages--we must see, looking at
them altogether, that they became the ready instruments of intolerance
when great differences in religious opinion had appeared; that they
were certain, in Puritan esteem, to attach odium to the old system of
Church discipline; and that they were completely out of harmony with
the modern spirit of Protestant civilization.
In the Tudor and Stuart days, there also existed two tribunals of
a character which it is difficult in the nineteenth century to
understand. The High Commission Court was doubtless intended to
promote and consolidate the Reformation on Anglo-Catholic principles,
by exterminating Popery on the one hand, and checking Puritanism on
the other. According to the terms of the Act of Uniformity, Elizabeth
and her successors had power given them "to visit, reform, redress,
order, correct and amend all such errors, heresies, schisms, abuses,
contempts, offences and enormities whatsoever, which, by any manner
of spiritual authority or jurisdiction, ought, or may be lawfully
reformed, ordered, redressed, corrected, restrained or amended." Her
Majesty became invested with authority to correct such heresies of the
clergy as had been adjudged to be so by the authority of the canonical
Scripture, or by the first four general councils, or any of them, or
by any other general council, or by the High Court of Parliament, with
the assent of the clergy in convocation.[26] Many Commissions were
successively issued by the Queen.[27] Neal gives an abstract of that
one which was issued in the month of December, 1583. After reciting
the Act of Supremacy, the Act of Uniformity, the Act for the assurance
of the Queen's powers over all states, and the Act for reforming
certain disorders touching ministers of the Church, her Majesty
named forty-four commissioners, of whom twelve were bishops, some were
privy councillors, lawyers, and officers of state, the rest deans,
archdeacons, and civilians. They were authorized to enquire respecting
heretical opinions, schisms, absence from church, seditious books,
contempts, conspiracies, false rumours, and slanderous words, besides
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