Ecclesiastical History of England, Volume 5—The Church of the RevolutionStoughton, John
History
Ecclesiastical History of England, Volume 5—The Church of the Revolution
Stoughton, John
Great Britain -- Church history
Fenwick disclosed divisions amongst the Nonjurors, classifying them as
compounders and non-compounders--the compounders being anxious for
some security from King James, that English religion and liberty would
be preserved in case of his restoration; and the non-compounders being
prepared to cast themselves entirely upon his honour and generosity.
Lloyd, the deprived Bishop of Norwich, adopted the latter view, and
would hear of no terms in a matter of Divine right.[293]
[Sidenote: JACOBITES.]
The Bill for Fenwick’s attainder created much discussion in the House
of Commons. The discussion took a theological turn upon the point of
deficiency of evidence, the testimony of one witness not being backed
by the testimony of a second. Much was said by the opponents of the
attainder, respecting the eternal law of God and man, and of the Holy
Scriptures requiring more witnesses than one to convict a person of a
capital crime. “No man,” it was repeated, “shall be condemned to die
by the mouth of one witness, but by two or three witnesses he shall
suffer.” It was replied, that not the Levitical law, but the law of
England, should be guide in such a case; then, some one rejoined, that
he and those who thought with him, did not wish to base their argument
simply on Scripture, but upon the fact that this law of Moses having
been confirmed by our Saviour in the New Testament, it ought to be
brought into connection with the law of the land.[294] In spite of
attempts made to save Sir John, the Bill passed both Houses. Robert
Nelson interceded with Tenison to plead with the King. “My very good
friend,” returned the Primate, “give me leave to tell you, that you
know not what spirit this man, nor I am of; I wish for his, nor no
man’s blood, but how can I do my duty to God and my King, should I
declare a man innocent; for my not being of the side of the Bill will
convince the world that I think him so, when I am satisfied in my
conscience, not only from Goodman’s evidence, but all the convincing
testimonies in the world, that he is guilty. Laws _ex post facto_
may indeed carry the face of rigour with them, but if ever a law was
necessary this is.”[295]
[Sidenote: 1696.]
Public-domain text, read in full here on John Shaqi.
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