the upper house was passed by a narrow majority, again prescribed the use of the second prayer-book, somewhat altered, of Edward VI.54 1 Eliz. c 24 transferred to the crown the property of all monasteries restored or newly founded since Edward's death.55

s7:..

enacted

that no forreine Prynce Person Prelate State or Potentate Spirituall or Temporall shall at any tyme after the last Daye of this Session of Parliament, use enjoy or exercise any manner of Power Jurisdiccion Superioritee Aucthorite Preheminence or Privilege Spirituall or Ecclesiasticall within this Realme or within any other your Majesties Dominions or Countreis that now be or hereafter shalbee, but fromthensforthe the same shalbee clerely abolished out of this Realme and al other your Highnes Dominions for ever.

s 8 contains the positive grant to the crown of rights of church government (text § 28, note 9) and empowers it to appoint commissioners to exercise these rights (text § 30, note 3).

s 9. The following oath of supremacy is to be taken by all church officials, clergy and temporal officials, and by all who have the king's fee or wages':— I .. doo utterly testifie and declare in my Conscience, that the Quenes Highnes is thonelye supreme Governour of this Realme and of all other her Highnes Dominions and Countreis, aswell in all Spirituall or Ecclesiasticall Thinges or Causes as Temporall, and that no forreine Prince Person Prelate State or Potentate hathe or oughte to have any Jurisdiccion Power Superioritee Preheminence or Aucthoritee Ecclesiasticall or Spirituall within this Realme, and therfore I doo utterly renounce and forsake all forraine Jurisdiccions Powers Superiorities and Aucthorities, and doo promise that fromhensforthe I shall beare Faithe and true Allegiance to the Quenes Highnes her Heires and lawfull Successoures, and to my power shall assist and defende all Jurisdiccions Preheminences Privileges and Aucthorities granted or belonging to the Quenes Highnes her Heires and Successoures, or united or annexed to Thimperiall Crowne of this Realme: So helpe me God and by the Contentes of this Booke.

s 10. Whoever does not take the oath, loses the office he now holds. In case of future appointments the oath must be taken before the office is entered on. s 12. The oath is also to be taken by persons Temporall suing Lyverie or Oustre le maine out of thandes of the king, by persons who are received into the king's service and by those who take orders, or degrees at the universities.

s 14. Penalties for upholding foreign ecclesiastical jurisdiction by writing, preaching etc. In case of relapse, praémunire according to 16 Ric. II c 5; of repeated relapse, the punishment for high treason.

s 16. This act does not revoke any provision contained in 1 & 2 Phil. & Mar. c 8 touching any case of praemunire.

s 18. In any process under this act against peers for praemunire or high treason, proceedings shall be before peers.

s 19:

That no maner of Order Acte or Determinacion for annye Matter of Religion or Cause Ecclesiasticall had or made by thaucthoritie of this present Parliament, shalbe accepted demed interpretated or adjudged at any time hereafter to be any Errour Heresie Scisme or Scismaticall Opinion;

s 20. Limitation of heresy (text § 19, note 30).

s 22. Penalties for aiding and abetting offences against this act. 54 An Acte for the Uniformitie of Common Prayoure and Dyvyne Service in the Churche, and the Administration of the Sacramentes. Cf. § 15.-In the upper house the bill was passed by a majority of only three votes. All the spiritual lords voted against it.-Against Roman forms of divine service Elizabeth proceeded with great caution, and retained, in part, Roman ceremonies in her own chapel.

55 An Acte to annexe to the Crowne certayne Religious Howses and Monasteries and to refourme certayne Abuses in Chantreis. The act also conveys to the crown foundations since the death of Edward VI for the saying of masses, burn

By this legislation the constitution of the church as it had been. under Henry VIII and, with some modifications, religious belief as it had obtained under Edward VI again received the sanction of law. All the bishops with one exception refused to take the oath of supremacy and were declared to have forfeited their offices.56 In like manner a number of the inferior clergy had to surrender their positions. It was only by degrees that the vacancies thus created could be filled. The execution of the acts was entrusted to royal commissions which in a short time developed under the name of the 'high commission court' into a permanent civil board for the government of the church.57

From the beginning of the reign of Elizabeth the existence of the party which demanded a further advance in the direction of reform. than the English church had taken, made itself still more perceptible than hitherto. Its tendencies were opposed by the government. Thus government and church came to be so situated that they had to fight with double front-against the papists on the one side, against puritans and sectaries on the other. It is on this contest that the ecclesiastical and, in great measure, the civil history of England turns for the next few centuries.

$ 7.

b. The struggle against papists and protestant sects at the end of the sixteenth and in the seventeenth century.

Even in the earliest years after the final victory of the reformation under Elizabeth the protestant episcopal church of England drew lines of demarcation, between itself and the papists on one hand, and, on the other, between itself and more advanced protestants. In 1563 the formulary of belief known as the thirty-nine articles was agreed in convocation and set forth with the authority of the queen. The document, which is to be connected with the forty-two articles of 1553, lays down an independent system of dogma, with express repudiation of a great number of Romish doctrines and usages, but also in opposition to the views of the more advanced protestants. As touching the constitution of the church, the thirty-nine articles reject explicitly the authority of the pope; but on the other hand it is implied that the episcopal constitution is

1

ing of lamps etc. Compare also 1 Eliz. c 4 An Acte for the Restitution of the First Fruites, and Tenthes and Rentes reserved Nomine Decime, and of Parsonages Impropriate, to Thimperiall Crowne of this Realme.

56 39 Eliz. (1597/8) c 8 declared retrospectively all deprivations and appointments from the beginning of the reign to 10th Nov. 4 Eliz. (i.e. 1562) to be incontestable at law. 1 Art. 37.

a

57 Cf. § 30.

Perry, Hist. of English Church II, 286 ff. cc 17 ff.—Ranke, Engl. Geschichte, Bk. III ff.— Cf. also appendix XIV, II, 3 a, c.

not necessary but allowable. The clergy were required by their ecclesiastical superiors to subscribe; but there was no statutory enforcement of subscription until 1571.3 As, moreover, there was a legal compulsion to take the oath of supremacy and to use the prayer-book, a possibility existed of gradually driving from the ministry of the church all who were recalcitrant. The exercise of such compulsory powers had its natural effect: the members of the advanced section now parted company with the state church and formed themselves into separate church communities. Thus in 1566 a number of the deprived clergy combined to practise their own form of worship, and so laid the foundation of the sect of puritans. This sect, which soon grew to great importance, attacked the state church in several quarters: in regard to constitution, the puritans were the champions of presbyterianism; in doctrine, they followed mainly the Reformirten of the continent; in the matter of forms and ceremonies, they demanded the abolition of many usages which the English church had retained from prereformation times.* The mainstay of the puritans was in the neighbouring country of Scotland, in which the presbyterian model prevailed.

;

Whilst the puritans could be kept down by a slight exercise of ecclesiastical or civil pressure, to resist successfully the renewed attacks of the papal party at home and abroad, Elizabeth was compelled to put forth the whole power of the state. In 1568 Mary, queen of Scots, had fled to England. Elizabeth endeavoured to bring about a reconciliation between her and her Scottish nobles but the attempt miscarried. Mary was now detained in England to prevent her from uniting with France or Spain against England. As the head of the papists in Great Britain, and as being, according to the pope's judgment, the rightful queen of England, or at least, by general consent, entitled to succeed to its crown, she remained, meanwhile, a constant danger to the life and rule of Elizabeth. With the co-operation and partly at the instigation now of the pope and his agents, papist priests and jesuits, now of the ambassadors of Spain and France, sometimes too with Mary's cognizance, many risings and attempts to assassinate the queen took place in England. At last Mary, there being no other means of securing internal tranquillity, was tried, condemned and, on the discovery of a new conspiracy, put to death (1587). By excommunicating Elizabeth and forbidding obedience to her under penalty of excommunication (1570), Pius V had made the quarrel desperate. At Douay (after

5

"Arts. 36, 34. Compare below, § 18.

3 For a further account of the thirty-nine articles see § 165; they are printed in appendix XI.

The chief points at issue are brought together in Neal, Hist. of Puritans Ed. 1822 I, 191 ff.

Under 27 Eliz. (1584/5) c 1 An Act for Provision to be made for the Suertie of the Queenes Majesties most Royall Person, and the continuance of the Realme in Peace.

The countermeasure was 13 Eliz. (1571) c 2 An Act agaynste the bringing in and putting in Execution of Bulls and other Instruments from the Sea of

wards at Rheims), at Rome and at other places on the continent seminaries were erected to train priests under jesuit control for service in England.' The year 1580 saw the first seminarists despatched to these shores. The object of those who came was to detach, outwardly as well as in inner feeling, the papists of England from the national church and to organize them as a separate ecclesiastical community. By 27 Eliz. (1584/5) c 2 the jesuits and all Romish priests were banished from England.

8

Even before the execution of Mary, war had broken out with Spain. Elizabeth had secretly assisted alike the French protestants and the insurgents in the Netherlands. With the latter at the point of succumbing and the Spaniards planning a descent upon England, she in 1585 declared open war. The course of this war, in origin mainly religious, was fortunate, and the victories of England laid the foundation of its naval power. In Ireland only did the power of Elizabeth encounter resistance until her death."

In legislation the endeavour was, as before, to compel all the inhabitants of the country into the established church and to induce them to take part in its services. Conspicuous enactments in this direction are 23 Eliz. (1580/1) c 1 and 35 Eliz. (1592/3) cc 1 and 2.10 Upon the death of Elizabeth (24th March, 1603) the crowns of England and Scotland were united in James I, who, though the son of Mary Stuart, had been brought up a protestant. James had in 1586 concluded with Elizabeth the offensive and defensive alliance of Berwick, upon the promise that his claim to succeed to the English throne should not be questioned. During the struggle with Spain which ensued he had suppressed a rising in Scotland of the popish nobles, although to their religion generally he extended a wide toleration. Papists were even found among the teachers of his children. Upon his accession to the English throne he either did not execute the laws against them at all or only in a modified form, and sought to mitigate the zeal of parliament against jesuits,

11

Rome. To leave the papists in outward conformity to the law, but still in an ambiguous position, the bull of excommunication was interpreted some years afterwards: catholicos tum demum obliget, quando publica ejusdem bullae executio fieri poterit. It was renewed by Sixtus V (1585–90).

Neal, Hist. of Puritans Ed. 1822 I, 272, gives the following seminaries: Douay 1569, Rome 1579, Valladolid 1589, Seville 1593, St. Omer 1596, Madrid 1606, Louvain 1606, Liege 1616, Gent 1624.

8

An Act against Jesuites Semynarie Priestes and such other like disobedient Persons.

9 Cf. § 11, nr. note 21.

10 23 Eliz. (1580/1) c 1 An Acte to reteine the Queenes Majesties Subjectes in their due Obedience. 35 Eliz. (1592/3) c 1 An Acte to retayne the Quenes Subjectes in Obedyence, is especially directed against protestant sectaries (s 9). The enactment was for a fixed time which was several times prolonged-43 Eliz. (1601) c 9 s 1, 1 Jac. I (1603/4) c 25 s 1, 21 Jac. I (1623/4) c 28 s 1, 3 Car. I (1627) c 5 s 3. To meet doubts it was declared by 16 Car. II (1664) c 4 s 1 to be still in force. 35 Eliz. (1592/3) c 2 An Acte against Popish Recusantes, confirmed by 3 Jac. I (1605/6) c 5 s 4.

11 Compare § 10, note 26.

seminary priests and refusers of the oath of supremacy.12 The puritans lost no time in forwarding him a petition in favour of certain changes in the prayer-book and certain reforms in the administration of the church.13 In consideration of these desires the king arranged the Hampton court conference (1604) between puritans and representatives of the state church. As the issue of this conference. some immaterial changes in the prayer-book were made. Moreover, the king went some way towards meeting the wishes of the puritans for a stricter observance of the Sabbath. But greater individual liberty in regard to doctrine and worship was not conceded to the clergy. The convocation of the southern province in 1604 approved, and the king set forth, for the northern as well as the southern province, a long series of canons which determined the principles of internal church government, and aimed at strengthening the influence of the ecclesiastical authorities upon the lay authorities of the parish-community. These canons are-apart from certain changes made by resolution of convocation or parliamentary enactment— still binding on the clergy at the present day; they are among the fundamental laws of the English state church. James persistently favoured the high church (hierarchical) tendency in England; similarly in Scotland, both before and after his attainment of the English throne, he was concerned to transform slowly the presbyterian into an episcopal constitution.

The mildness shown to the papists, joined to severity towards the advanced protestant movement, caused opposition to the government to spring up in parliament. The quarrel was soon extended to the department of finance. With more or less violence it continued to rage during the whole of James's reign, the opposition being led for long by chief justice sir Edward Coke. The great jurist was in 1616 deprived by James of his offices; his legal works, in which the rights of the state as against the church are frequently discussed,

12 Against the puritans, however, were passed the strict laws 1 Jac. I (1603/4) c 4 An Acte for the due Execution of the Statutes againste Jesuits Seminarie Preistes Recusants etc.; 3 Jac. I c 4 An Acte for the better discovering and repressing of Popish Recusantes, and c 5 An Acte to prevent and avoid dangers which may grow by Popish Recusantes, both the latter upon occasion of the gunpowder plot (1605); 7 Jac. I (1609/10) c 6 An Acte for administringe the Oath of Allegiance and Reformacion of married Women Recusantes. - Against royal dispensations from obeying the laws is directed 21 Jac. I (1623/4) c 3 An Act concerning Monopolies and Dispensations with penall Lawes and the Forfeyture thereof.

13 The millenary petition is printed in Perry, Hist. of Engl. Church II, 372 c 22, notes and illustrations, and in Collier, Eccles. Hist. Ed. 1852 VII, 273.

The more important provisions of the canons of 1604 which refer to the constitution of the church are extracted in appendix XII.-After the canons had been by royal ordinance introduced into the province of York as well as that of Canterbury, the king by letters patent of 18th Feb. 1606 licensed the northern convocation to make canons subject to his approval (licence in Wilkins IV, 426). On 19th March, 1606 (Wilkins IV, 428; according to Trevor, The Convocations of the two Provinces p. 101, on 10th March, 1606) the northern convocation accepted the canons of 1604 passed by the southern convocation and ratified by the king, and desired the royal approval.