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GRINDAL These two lords sent to sir Gilbert Gerrard, master of the Abp. Cant. rolls, to summon the judges. When they came together, their

Dec. 3, 1577.

The opinion of several

resolution was, that, by the statute of the 1st of Elizabeth, the commissioners for ecclesiastical causes had authority to inflict any punishment, either amerciament or otherwise, which the ecclesiastical laws allowed of. The ground of their opinion was, because all ecclesiastical jurisdiction and authority is by the statute annexed to the crown. And, by the same statute, her majesty is empowered to commit this authority to such persons as she thinks fit to employ.

To make this resolution bear, and come up to the case in hand, it was agreed that Dr. Lewis, an eminent civilian, should consult with some others of that faculty, and deliver their opinion how far the ecclesiastical law might proceed.

Thus this Lewis, and Dr. Hammond, another civilian, gave in the sense of the canon law under three articles :

I. That the bishop, but no other inferior judge, may punish judges and any person, ecclesiastical or lay, by a pecuniary mulct for any touching the ecclesiastical crime or offence, especially if he perceives the extent of the party is more afraid of such a penalty than of the Church

civilians

ecclesiastical

commission. censures.

II. By the ecclesiastical law, the ordinary may set a pecuniary punishment upon such as absent themselves from divine service without reasonable excuse, especially when this absence proceeds from contempt.

III. Some canonists affirm, a bishop may make an ordinance that an excommunicated person shall pay ten pounds for every month he stands excommunicated out of contempt.

From hence they concluded, that recusants might be punished in the pocket by virtue of the ecclesiastical law; and the next consequence, as the master of the rolls drew it, was, that her majesty's commissioners might execute that law by authority of their commission; and that this was the opinion of the judges, and others learned in the law. Those who appeared at the conference, and concurred in this resolution, were the chief justice Dyer, justice Southcoate, justice Manwood, justice Mounson, Dr. Lewis, the attorney-general, and the Archbishop solicitor-general.

560.

Life of!

Grindal, The six months of the archbishop's sequestration being now

232, 233.

BETH.

expired, the lord treasurer sent him a letter by Goodman, dean ELIZAof Westminster, to acquaint him in what manner the Starchamber would proceed farther against him he likewise sent him some directions for disentangling himself. And here he advised the archbishop to declare his approbation of the queen's proceedings in suppressing prophesyings: to own himself sorry for his incompliance; to make a general acknowledgment of Id. p. 234. his fault, and beg the queen's pardon.

The archbishop, not conscious of any crime, refused to betray his innocence, and give in to so absolute a submission. However, being willing to go as far as he could towards the queen's satisfaction, he sent a letter to the lords of the Starchamber, to intercede in his behalf. It runs thus:

"To the Right Honourable the Lords of her Majesty's Privy- Archbishop Council in the Star-Chamber.

Grindal's letter to the lords of the

ber.

"Right honourable, and my singular good lords: I cannot Star-chamdeny but that I have been commanded, both by the queen's majesty herself, and also by divers of your honourable lordships in her name, to suppress all those exercises within my province, that are commonly called prophecies. But I do protest before God, the Judge of all hearts, that I did not of any stubbornness or wilfulness refuse to accomplish the same, but only upon conscience. For that I found such kind of exercise set down in the Holy Scriptures, and the use of the same to have continued in the primitive Church; and was persuaded that (the abuses being reformed, which I always offered myself ready to labour in) the said exercises might yet serve to the great profit of the Church, and feared that the utter suppressing of them would breed offence; and therefore was a most humble suitor unto her majesty, that I might not be made the chief instrument in suppressing the same: yet, not prejudicing or condemning any, that in respect of policy, or otherwise, should be of contrary judgment; or being of authority, should suppress them. For I know right well, that there be some things of that nature, wherein divers men may be of divers opinions, and abound in their own sense, (being not repugnant to the analogy of faith) without any prejudice of their salvation, or any prejudice of either to other. Notwithstanding, howsoever others, being otherwise persuaded, might safely do it, yet I thought it not safe for me (being so persuaded in mind) to be the doer of

GRINDAL that whereof mine own heart and conscience would condemn Abp. Cant.

Nov. 29, 1577.

Cotton
Library,
Cleop. vi.
F. 11.
fol. 289.

April 24.

me.

"And whereas I have sustained a restraint of my liberty, and sequestration of my jurisdiction, now by the space of six months, I am so far from repining thereat, or thinking myself injuriously or hardly dealt withal therein at her majesty's hands, that I do thankfully embrace, and frankly with all humility acknowledge her princely, gracious, and rare clemency towards me who having authority and power to have used greater and sharper severity against me, and for good policy and example, thinking it so expedient, hath notwithstanding dealt so mercifully, mildly, and gently with me.

"But the greatest grief that ever I had, or have, is the loss of her majesty's favour, and the sustaining of the displeasure of so gracious a sovereign; by whom the Church and realm of England hath been so long and so happily governed. And by whom myself, privately and specially above other subjects, have received so many and so great benefits above all my deserving. For the recovery of whose gracious favour, I most humbly beseech your lordships to be a means to her majesty for me. The which obtained, I shall esteem far above all worldly benefits whatsoever. And I protest here, before God and your honours, that not only my dutiful and humble obedience to her majesty shall be such as she shall have no cause to repent of her gracious goodness and clemency shown unto me: but also, that by most fervent, hearty and daily prayer, as I have done hitherto, so I will continue, according to my bounden duty, to make most earnest suit unto Almighty God for the long preservation of her majesty's most happy reign, to the unspeakable benefit of the Church and realm of England'.

"EDM. CANTUAR."

This letter being not resigning enough to satisfy the queen, the sequestration continued.

Melvil's project for a farther reformation in Scotland had now gained ground: insomuch, that at the next assembly held in the year 1578, this gentleman was chosen moderator. Having raised himself to this ascendant, his party began to open their design, and strike more directly at the order of

1 Elizabeth thought that the moral responsibility of wrong commands lies with the monarch, and that ecclesiastical officers are bound to obey all royal orders; just as by martial law all subalterns are bound by the injunctions of the general.

BETH.

the Assem

bishops. Thus at the beginning of the assembly it was de- ELIZAcreed, "That bishops, and all others bearing ecclesiastical functions, should be called by their own names, or brethren." MS. Acts of That is, they would not endure the style of lord bishops. This bly. levelling language was founded on a misinterpretation of two 25, texts in St. Matthew and St. Luke.

Math. xx.

Luke xxii.

25.

assemblies.

The next step was somewhat bolder: for it was farther or- The progress dained, "That forasmuch as there is great corruption in the tery in the of Presbystate of bishops, as at present constituted in this realm, the general assembly, being desirous to provide some check to such disor- MS. Acts. ders, has ordained that no bishop shall be elected or admitted before the next general assembly:" pursuant to this order, "All ministers and chapters are prohibited to proceed to the election of any bishop, under the penalty of perpetual deprivation." It was likewise resolved, that this business should be Idem. proposed for farther consideration at the next assembly.

:

To smooth the way for the design, and draw a farther odium upon episcopacy, they appointed a general fast: the reason assigned for this humiliation is said "to be the corruption of all estates and the general coldness and indifferency of the professors and that God would put it in the king's heart, and the hearts of the estates of the parliament, to establish such a policy and discipline in the Kirk, as is craved in the Word of God." The second book of discipline, with which they had Idem. lately acquainted the regent, was now under debate in the Kirk.

The next general assembly met at Stirling, July the 11th. And here it is plain the Presbyterian interest grew stronger upon the progress. For now the members came to a unanimous resolution, that the act of the last assembly forbidding the election of bishops, should be "extended to all time coming, till the corruptions in the estate of bishops be wholly removed." It was likewise ordained, that all bishops now in being should submit themselves to the general assembly for discipline and reformation and in case they refused to comply with this order, they were to be excommunicated.

Idem.

561.

But before I proceed to the second book of discipline now upon the anvil, it may not be improper to give a farther description of the old one. And here I shall begin with a brief A brief account of the form of divine service, commonly called Knox's account of Liturgy. This public form begins with a confession, but Liturgy.

Knox's

GRINDAL nothing of absolution follows. There are three prayers comAbp. Cant. posed for this purpose. The second was to be used on Wednesdays, which was a day appointed for Common Prayer. The third was to be used before the sermon. After this the people sung a Psalm: when this was done, the minister made an extempore prayer: after the sermon, a prayer for the whole state of Christ's Church follows, concluding with the Lord's Prayer after this there is a short Collect for perseverance, and increase of faith, of which the congregation makes a conThe whole fession in the rehearsal of the Apostles' Creed. When the discipline of people have sung another Psalm, the minister pronounces the prayers blessing in the plural number, thus, "the Lord bless us, and 66 &c. The grace of our Lord Jesus Christ be with

form and

according to

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the Church of Save us,
Scotland.
us all," &c.

Id. p. 47.

But here the rubric gives a discretionary latitude in these words: "It shall not be necessary for the minister daily to repeat all these things before-mentioned; but beginning with some manner of confession, to proceed to the sermon: which ended, he either useth the prayer for all estates before-mentioned, or else prayeth, as the Spirit of God shall move his heart framing the same according to the time and matter which he hath treated of."

The next thing I shall mention, is a thanksgiving for the expulsion of the French. And here there is a very acknowledging passage for queen Elizabeth's putting them in a condition to oblige the French forces to quit the kingdom: this was done at the treaty at Leith in the year 1560.

The confession of faith used in the English congregation at Geneva was now received by the Church of Scotland. Under the article of the Catholic Church they make this society partly invisible, and only known to God, "who of the lost sons of Adam, has ordained some as vessels of wrath to damnation, and has chosen others as vessels of his mercy to be saved.”

As to that part of the Church which is visible, they distinguish it by three marks:

First, by receiving the word of God contained in the Old and New Testament.

Their second note is the administration of the sacraments of baptism and the Lord's supper.

The third mark is ecclesiastical discipline, which consists in admonition and correction.

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