Ecclesiastical History of England, Volume 5—The Church of the Revolution

I.—P. 107.

The following is a copy of the Bill after certain omissions and additions had been made, and the subjoined paper will give an idea of the extent of the latter:—

A Bill for uniting their Majesties’ Protestant Subjects. First reading, March 11, 1688; second reading, March 14, 1688.

Whereas the peace of the State is highly concerned in the peace of the Church, which therefore at all times, but especially in this conjuncture, is most necessary to be preserved: In order therefore to remove occasions of differences and dissatisfaccons which may arise amongst Protestants, Be it Enacted by the King and Queen’s most excellent Ma^ties, By and with the advice and consent of the Lords Spiritual and Temporal, and of the Commons in this present Parliam^t assembled, and by the authority of the same, That in order to y^e being a Minister of this Church, or the taking, holding, and enjoying any Ecclesiastical Benefice or promotion in the same, noe other subscripcon or declaracons shall from henceforward be required of any person, but onely the Declaracon menconed in a Statute made in the thirtieth year of the Reigne of the late King Charles the Second, Intituled, An Act for the more effectual preserving the King’s person and Governm^t by disabling Papists from sitting in either House of Parliam^t, and also the Declaration following, viz^t: I, A. B., doe submit to the prnt Constitucon of the Church of Engl. I acknowledge that the doctrine of it contains in it all things necessary to Salvation, and I will conforme myself to the worship and the government thereof, as established by Law; And I solemnly promise, in y^e exercise of my Ministry, to Preach and practice according thereunto.

And Be it further enacted by the authority aforesaid, that in order to the being Collated or Instituted into any Benefice or promotion noe more or other Oaths shall be required to be taken of any person than onely the two Oaths menconed in the late Statute made in the first year of the Reigne of King William and Queen Mary, Intituled, an Act for removing and preventing all questions and disputes concerning the assembling and sitting of this present Parliament, and alsoe the Oath of Simony, and the Oath of Residence, any Statute or Canon to the contrary notwithstanding.

And Be it further Enacted, by the authority aforesaid, that the Two Declaracons aforesaid shall be made and subscribed in y^e said Oaths menconed in the s^d Stat, made in the first yeare of the Reigne of King William and Queene Mary, shall be taken in the presence of the Bishop or his Chancellor, or the Guardian of the Spiritualities, by every person that is to receive any Holy orders, or keepe any public Schoole, and alsoe the p^r Oathes and Declaracon, together with the said Oathes of Simony and residence by every person that is to have a Lycence to preach any Lecture or that is to be Collated or Instituted into any Benefice, or that is to be admitted into any Ecclesiastical dignity or promotion before such his Ordination, Lycencing, Collation, Institution, or Admission, respectively.

And be it further Enacted, that every person that shall from henceforward take any Degree in either of the Universities, or any fellowship, headship, or professors place in the same, shall, before his admission to that degree, or fellowship, or headship, or professors place, subscribe the aforesaid Declaracons and take the said Oaths mentioned in the said Statute, made in the first yeare of the Reigne of King William and Queen Mary, in the presence of the Vice-Chancellor or his Deputy. Provided that if any of the persons herein before required to make and subscribe the said Declaracons be not in Holy orders, such person shall not be obliged to make and subscribe all the Declaracon hereinbefore expressed, but onely this part thereof, viz.: I, A. B., doe submitt to the psent Constitucon of the Church of Engld. I acknowledge that the doctrine of it contains in it all things necessary to Salvacon, and I will conforme myselfe to the worship and the Governm^t thereof, as established by law, together with the other Declaracon aforesaid menconed in said Statute, made in the Thirtieth year of the Reigne of the late King Charles the Second.

And be it further Enacted, that the making and subscribing the said Declaracons, and taking the said Oaths as aforesaid, shall be as sufficient to all intents and purposes aforesaid as if the parties had made all other Declaracons and subscripcons, and taken all other oaths which they should have taken by vertue of any law, Statute, or Canon, whatsoever.

And be it further Enacted by the authority aforesaid, that from henceforth noe Minister shall be obliged to wear a surplice in the time of reading prayers or performing any other Religious Office—Except onely in the King and Queen’s Ma^ties Chappells, and in all Cathedral or Collegiate Churches and Chappells of this Realme of England and Dominion of Wales. Provided alsoe that every Minister that shall not think fitt to wear a surplice as aforesaid shall nevertheless be obliged to performe all y^e Publick Offices of his Ministry in the Church in a Black Gowne, suitable to his Degree. And if it be in a place where a Gowne is not the dayly constant habit of the Minister, in every such parish the parish shall provide a Gowne for him, to be worne by him dureing the time of his officiating in the Church.

And be it further Enacted, by the authority aforesaid, that no Minister from henceforward shall be obliged to use the signe of the Crosse in Baptisme, nor any parent obliged to have his Child Christned by the Minister of the Parish if the said Minister will not use or omitt the signe of the Cross, according to the desire of the parent, who in that case may procure some other Minister of the Church of Engld to doe it.

And be it further Enacted, by y^e authority aforesaid, that noe Minister or Ecclesiastical person shall oblige any person to find Godfathers or Godmothers for any child to be baptized, soe as the parents or parent or other friend of such Child shall present the same to be Baptized, and shall answer for such child in like manner as the Godfathers and Godmothers are now required to doe.

And be it further Enacted, by y^e authority aforesaid, that noe Minister that shall officiate in the administracon of the Sacram^t of the Lord’s Supper shall deny or refuse to any person that desires to be admitted to the same, in a pew or seate in the Church, altho’ such person shall not receive it kneeling.

And whereas the Liturgie of y^e Church of England is capable of seve^ll alteracons and additions, which may free it from exception, and may conduce to y^e Glory of God and y^e better Edefication of the people, And whereas the Book of Canons is fitt to be reviewed and made suitable to the present state of the Church, And whereas there are divers abuses and defects in y^e Ecclesiastical Courts and Jurisdiction, and particularly for reformacon or removeing of scandalous Ministers, And whereas it is very fitt and profitable that Confirmacon be administred with such due preparacon and solemnity as is directed in the late King Charles the Second’s Declaration concerning Ecclesiastical affairs, issued in the yeare of our Lord 1660, And a strict care be used in the Examinacon of such persons as desire to be admitted into Holy Orders, both as to their learning and manners:

Wee, your Ma^ties most dutifull and Loyall Subjects, the Lords Spiritual and Temporal, and the Commons in this present Parliam^t assembled, doe most humbly beseech your Majesties to issue out a Comission under yo^r Great Seale, directed to the Arch Bishops, and such Bishops, and such others of the Clergy of the Church of England, not exceeding the number of thirty in y^e whole, impowering and requiring them, or any twelve of them, to meet from time to time, and as often as shall be needfull, and to make such alteracons in the Liturgie and reformacon of the Canons and Ecclesiastical Courts as may conduce to the Establishm^t of the Church in peace and Tranquility, and to present such alteracons and reformacons to the Convocation and to the Parliam^t that the same may be approved and established in due forme of Law.

Alterations made in Committee.

COMPREHENSION.

II.—P. 114.

Forasmuch as some ease to scrupulous consciences, in the exercise of Religion, may be an effectual means to unite their Majesty’s Protestant subjects in interest and affection:

I.—Be it enacted by the King’s and Queen’s most excellent Majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the same, That neither the Statute made in the 23^rd year of the reign of the late Queen Elizabeth, entituled, 23 Eliz., cap. 1.An Act to retain the Queen’s Majesty’s Subjects in their due obedience; nor the Statute made in the 29^th year of the said Queen, entituled, 29 Eliz., cap. 6.An Act for the more speedy and due execution of certain branches of the Statute made in the 23^rd year of the Queen’s Majesty’s reign, viz., the aforesaid Act; nor that branch or clause of a Statute made in the 1^st year of the reign of the said Queen, entituled, 29 Eliz., cap. 2, f 14.An Act for the Uniformity of Common Prayer and service in the Church, and administration of the Sacraments; whereby all persons, having no lawful or reasonable excuse to be absent, are required to resort to their Parish Church or Chapel, or some usual place where the Common Prayer shall be used, upon pain of punishment by the censures of the Church; and also, upon pain, that every person so offending shall forfeit for every such offence twelve pence. Nor the Statute made in the 3^rd year of the reign of the late King James the First, entituled, 3 Jac. I., cap. 4.An Act for the better discovering and repressing Popish recusants. Nor that other Statute, made in the same year, entituled, 3 Jac. I., cap. 5.An Act to prevent and avoid dangers which may grow by Popish Recusants. Nor any other Law or Statute of this realm made against Papists or Popish recusants, Exception.except the Statute made in the 25^th year of King Charles II., entituled, 25 Car. II., cap. 2.An Act for preventing dangers which may happen from Popish recusants. And except also the Statute made in the 30^th year of the said King Charles II., entituled, 30 Car. II., Stat. 2d, cap. 1.An Act for the more effectual preserving the King’s person and Government, by disabling Papists from sitting in either House of Parliament, shall be construed to extend to any person or persons dissenting from the Church of England, that shall take the oaths mentioned in a Statute made this present Parliament, entituled, _Supra_, cap. 1.An Act for removing and preventing all questions and disputes concerning the assembling and sitting of this present Parliament, and shall make and subscribe the Declaration mentioned in a Statute made in the 30^th year of the reign of King Charles II., entituled, Car. II., Stat. 2d, cap. 1.An Act to prevent Papists from sitting in either House of Parliament. Which Oaths and Declaration the Justices of Peace, at the General Sessions of the Peace to be held for the County or Place where such person shall live, are hereby required to tender and administer to such persons as shall offer themselves to Taking Declaration to be Registered.take, make, and subscribe the same, and thereof to keep a Register. Fee for register and Certificate.And likewise, none of the persons aforesaid shall give or pay, as any fee or reward, to any officer or officers belonging to the Court aforesaid, above the sum of 6^d, nor that more than once, for his or their entry of his taking the said oaths, and making and subscribing the said Declaration; nor above the further sum of 6^d for any certificate of the same, to be made out and signed by the Officer or officers of the said Court.

II.—And be it further enacted by the Authority aforesaid, That all and every person and persons already convicted, or prosecuted in order to conviction of Recusancy, by Indictment, Information, Action of Debt, or otherwise grounded upon the aforesaid Statute; or any of them that shall take the said Oaths mentioned in the said Statute, made this present Parliament, and make and subscribe the Declaration aforesaid in the Court of Exchequer, or Assizes, or General or Quarter Sessions, to be held for the county where such person lives, and to be thence respectively certified into the Exchequer, shall be thenceforth exempted and discharged from all the Penalties, Seizures, Forfeitures, Judgments, and Executions, incurred by force of any the aforesaid Statutes, without any composition, fee, or further charge whatsoever.

III.—And be it further enacted, by the Authority aforesaid, That all and every person and persons that shall, as aforesaid, take the said Oaths, and make and subscribe the Declaration aforesaid, shall not be liable to any pains, penalties, or forfeitures, mentioned in an Act made in the 35^th year of the reign of the late Queen Elizabeth, entituled, 35 Eliz., cap. 1.An Act to retain the Queen’s Majesty’s Subjects in their due obedience. Nor in an Act made in the 22^nd year of the reign of the late King Charles II., entituled, 22 Car. II., cap. 1.An Act to prevent and suppress seditious Conventicles. Ecclesiastical Court.Nor shall any of the said persons be prosecuted in any Ecclesiastical Court, for, or by reason of, their Non-Conforming to the Church of England.

IV.—Provided always, and be it enacted by the Authority aforesaid, Private Meetings excluded.That if any assembly of persons, dissenting from the Church of England, shall be had in any place for Religious worship, with the doors locked, barred, or bolted, during any time of such meeting together, all and every person or persons that shall come to, and be at such meeting, shall not receive any benefit from this Law, but be liable to all the pains and penalties of all the aforesaid Laws recited in this Act, for such their meeting, notwithstanding his taking the Oaths, and his making and subscribing the Declaration aforesaid.

V.—Provided always, that nothing herein contained shall be construed to exempt any of the persons aforesaid from paying of Tithes, or other Parochial Duties, or any other duties to the Church or Minister, nor from any prosecution in any Ecclesiastical Court, or elsewhere, for the same.

VI.—And be it further enacted by the Authority aforesaid, That if any person dissenting from the Church of England, as aforesaid, shall hereafter be chosen, or otherwise appointed to bear the office of High-Constable, or Petit-Constable, Church-Warden, Overseer of the Poor, or any other Parochial or Ward Office, and such person shall scruple to take upon him any of the said offices, in regard of the Oaths, or any other matter or thing required by the law to be taken or done, in respect of such office, every such person shall and may execute such office or employment by a sufficient deputy, by him to be provided, that shall comply with the laws on this behalf. Provided always, the said deputy be allowed and approved by such person or persons in such manner as such officer or officers respectively should by law have been allowed and approved.

VII.—And be it further enacted by the Authority aforesaid, That no person dissenting from the Church of England in Holy Orders, or pretended Holy Orders, or pretending to Holy Orders, nor any Preacher or Teacher of any congregation of dissenting Protestants, that shall make and subscribe the Declaration aforesaid, and take the said Oaths, at the General or Quarter Sessions of the Peace, to be held for the County, Town, Parts, or Division where such person lives, which Court is hereby empowered to administer the same; and shall also declare his approbation of, and subscribe the Articles of Religion mentioned in the Statute made in the 13^th year of the reign of the late Queen Elizabeth, except the 34^th, 35^th, and 36^th, and these words of the 20^th Article, viz. 13 Eliz., cap. 12.[The Church hath power to decree Rites or Ceremonies, and authority in controversies of faith, and yet] shall be liable to any of the pains or penalties mentioned in an Act made in the 17^th year of the reign of King Charles II., entituled, 17 Car. II., cap. 2.An Act for restraining Non-Conformists from inhabiting in Corporations; nor the penalties mentioned in the aforesaid Act, made in the 22^nd year of his said late Majesty’s reign, for or by reason of such persons preaching at any meeting for the exercise of Religion; nor to the penalties of £100 mentioned in an Act made in the 13^th and 14^th of King Charles II., entituled, 13 and 14 Car. II., cap. 4.An Act for the Uniformity of public prayers, and administration of Sacraments, and other rites and ceremonies; and for establishing the form of making, ordaining, and consecrating of Bishops, Priests, and Deacons, in the Church of England, for officiating in any Congregation for the exercise of religion permitted and allowed by this Act.

VIII.—Provided always, that the making and subscribing the said Declaration, and the taking the said Oaths, and making the Declaration of approbation and subscription to the said Articles, in manner as aforesaid, by every respective person or persons hereinbefore mentioned, at such General or Quarter Sessions of the Peace as aforesaid, shall be then and there entered of Record in the said Court, for which 6^d shall be payed to the Clerk of the Peace, and no more. Provided that such person shall not at any time preach in any place but Meeting doors to be unlocked.with the doors not locked, barred, or bolted, as aforesaid.

IX.—And whereas some Dissenting Protestants scruple the baptizing of infants, be it enacted by the Authority aforesaid, That every person in pretended Holy Orders, or pretending to Holy Orders, or Preacher or Teacher, that shall subscribe the aforesaid Articles of Religion, except before excepted; and also except part of the 27^th Article teaching Infant baptism, and shall take the Oaths, and make and subscribe the Declaration aforesaid, in manner aforesaid, every such person shall enjoy all the privileges, benefits, and advantages, which any other Dissenting Minister, as aforesaid, might have or enjoy by virtue of this Act.

X.—And be it further enacted by the Authority aforesaid, That every Teacher or Preacher in Holy Orders, or pretended Holy Orders, that is a Minister, Preacher, or Teacher of a Congregation, that shall take the Oaths herein required, and make and subscribe the Declaration aforesaid; and also subscribe such of the aforesaid Articles of the Church of England, as are required by this Act in manner aforesaid, shall be thenceforth exempted from serving upon any Jury, or from being chosen or appointed to bear the Office of Church-Warden, Overseer of the Poor, or any other Parochial or Ward Office, or other Office in any Hundred of any Shire, City, Town, Parish, Division, or Wapentake.

XI.—And be it further enacted by the Authority aforesaid, That any Justice of the Peace may at any time hereafter require any person that goes to any meeting for exercise of Religion, to make and subscribe the Declaration aforesaid, and also to take the said Oaths or Declaration of fidelity hereinafter mentioned, in case such person scruples the taking of an oath, and Penalty for refusing.upon refusal thereof such Justice of the Peace is hereby required to commit such person to prison without bail or mainprize, and to certify the name of such person to the next General or Quarter Sessions of the Peace, to be held for that County, City, Town, Part, or Division, where such person then resides; and if such person so committed, shall, upon a second tender at the General or Quarter Sessions, refuse to make and subscribe the Declaration aforesaid, such person refusing shall be then and there recorded, and shall be taken thenceforth, to all intents and purposes, for a Popish Recusant convict, and suffer accordingly, and incur all the penalties and forfeitures of all the aforesaid laws.

XII.—And whereas there are certain other persons, Dissenters from the Church of England, who scruple the taking of any oath, be it enacted by the authority aforesaid, Altered as to Quakers by 8 Geo. I., cap. 6.That every such person shall make and subscribe the aforesaid Declaration; and also this Declaration of Fidelity following:

I, A. B., do sincerely promise, and solemnly declare, before God and the world, that I will be true and faithful to King William and Queen Mary; and I do solemnly profess and declare that I do from my heart abhor, detest, and renounce, as impious and heretical, that damnable Doctrine and Position, That Princes excommunicated, or deprived by the Pope, or any authority of the See of Rome, may be deposed or murthered by their subjects, or any other whatsoever. And I do declare, that no foreign Prince, Person, Prelate, State, or Potentate, hath, or ought to have, any Power, Jurisdiction, Superiority, Pre-eminence, or Authority, Ecclesiastical or Spiritual, within this Realm.

And shall subscribe a Profession of their Christian Belief in these words:

I, A. B., profess Faith in God the Father, and in Jesus Christ His eternal Son, the true God, and in the Holy Spirit, one God blessed for evermore; and do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine Inspiration.

Which Declaration and Subscription shall be made and entered of Record at the General Quarter Sessions of the Peace for the County, City, or Place, where every such person shall then reside. And every such person that shall make and subscribe the two Declarations and Profession aforesaid, being thereunto required, shall be exempted from all the pains and penalties of all and every the afore-mentioned Statutes made against Popish Recusants, or Protestant Nonconformists; and also from the penalties of an Act made in the 5^th year of the reign of the late Queen Elizabeth, entituled, 5 Eliz., cap. 1.An Act for the Assurance of the Queen’s Royal Power over all Estates and Subjects within her Dominions, for or by reason of such persons not taking, or refusing to take, the Oath mentioned in the said Act; and also from the penalties of an Act made in the 13^th and 14^th years of the reign of King Charles II., entituled, 13 and 14 Car. II., cap. 1.An Act for preventing mischiefs that may arise by certain persons called Quakers refusing to take lawful oaths, and enjoy all the other Benefits, Privileges, and Advantages, under the like Limitations, Provisions, and Conditions, which any other Dissenters should or ought to enjoy by virtue of this Act.

XIII.—Provided also, and be it enacted by the authority aforesaid, That in case any person shall refuse to take the said Oaths when tendered to them, which every Justice of the Peace is hereby impowered to do, such person shall not be admitted to make and subscribe the two Declarations aforesaid, though required thereunto, either before any Justice of the Peace, or at the General or Quarter Sessions, before or after any conviction of Popish Recusancy, as aforesaid, unless such person can, within thirty-one days after such tender of the Declaration to him, produce two sufficient Protestant witnesses to testify upon oath, that they believe him to be a Protestant Dissenter, or a Certificate under the hands of four Protestants, who are conformable to the Church of England, or have taken the oaths, and subscribed the Declaration above mentioned, and shall produce a certificate under the hands and seals of six or more sufficient men of the congregation to which he belongs, owning him for one of them.

XIV.—Provided also, and be it enacted by the Authority aforesaid, That until such certificate, under the hands of six of his Congregation, as aforesaid, be produced, and two Protestant witnesses come to attest his being a Protestant Dissenter, or a certificate under the hands of four Protestants, as aforesaid, be produced, the Justice of the Peace shall, and hereby is required to take a Recognizance, with two Sureties, in the penal sum of fifty pounds, to be levied of his goods, chattels, lands, and tenements, to the use of the King’s and Queen’s Majesties, their heirs and successors, for his producing the same; and if he cannot give such security, to commit him to prison, there to remain until he has produced such certificates, or two witnesses, as aforesaid.

XV.—Provided always, and it is the true intent and meaning of this Act, That all the laws made and provided for the frequenting of Divine Service on the Lord’s Day, commonly called Sunday, shall be still in force, and executed against all persons that offend against the said laws, except such persons come to some Congregation, or Assembly of Religious Worship, allowed or permitted by this Act.

XVI.—Provided always, and be it further enacted by the Authority aforesaid, that neither this Act, nor any Clause, Article, or thing, herein contained, shall extend, or be construed to extend, to give any ease, benefit, or advantage, to any Papist or Popish Recusant whatsoever, or any person that shall deny in his preaching or writing the Doctrine of the blessed Trinity, as it is declared in the aforesaid Articles of Religion.

XVII.—Provided always, and be it enacted by the Authority aforesaid, That if any person or persons, at any time or times, after the 10^th day of June, do, How punished. See 1 Geo. 1, stat. 2, cap. 5, f 4.and shall willingly, and of purpose, maliciously, or contemptuously, come into any Cathedral, or Parish Church, Chapel, or other Congregation, permitted by this Act, and disquiet or disturb the same; or misuse any Preacher or Teacher, such person or persons, upon proof thereof, before any Justice of Peace, by two or more sufficient witnesses, shall find two sureties to be bound by recognizance in the penal sum of fifty pounds, and in default of such sureties shall be committed to prison, there to remain till the next General or Quarter Session; and upon conviction of the said offence, at the said General or Quarter Sessions, shall suffer the pain and penalty of twenty pounds, to the use of the King’s and Queen’s Majesties, their Heirs and Successors.

XVIII.—Provided always, That no Congregation or Assembly for religious worship shall be permitted or allowed by this Act until the place of such meeting shall be certified to the Bishop of the Diocese, or to the Archdeacon of that Archdeaconry, or to the Justices of the Peace, at the General or Quarter Sessions of the Peace for the County, City, or Place, in which such meeting shall be held and registered in the said Bishop’s or Archdeacon’s Court respectively, or recorded at the said General or Quarter Sessions; the register or clerk of the Peace whereof respectively is hereby required to register the same, and to give certificate thereof to such person as shall demand the same, for which there shall be no greater fee nor reward taken than the sum of sixpence.

III.—P. 229.

Extracts from Macpherson’s Original Papers.

To prevent the possibility of misapprehension, it may be proper to remark that the extracts I have given from Macpherson’s Original Papers, are intended simply to show what was reported and desired by the Jacobite party. Many statements in the correspondence are utterly untrustworthy. History has to do not only with what has been actually accomplished or attempted, but with what has been thought and said; for rumour and falsehood have been powerful factors in the affairs of this world.

IV.—P. 263.

The Writ summoning a Bishop to Parliament.

Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the * * * * * Greeting. Whereas by the advice and assent of our Council for certain arduous and urgent affairs concerning us, the state and defence of our said United Kingdom and the Church, we have ordered a certain Parliament to be holden at our City of Westminster on the * day of * next ensuing, and there to treat and have conference with the Prelates, Great Men, and Peers of our Realm. We strictly enjoining command you, upon the faith and love by which you are bound to us, that the weightiness of the said affairs and imminent perils considered (waiving all excuses) you be at the said day and place personally present with us, and with the said Prelates, Great Men, and Peers, to treat and give your counsel upon the affairs aforesaid. And this, as you regard us and our honour, and the safety and defence of the said United Kingdom and Church, and despatch of the said affairs, in no wise do you omit. Forewarning the Dean and Chapter of your Church of * * and the Archdeacons and all the Clergy of your Diocese, that they the said Dean and Archdeacons, in their proper persons, and the said Chapter by one, and the said Clergy by two, meet Proctors severally, having full and sufficient authority from them, the said Chapter and Clergy, at the said day and place, be personally present to consent to those things which then and there by the Common Council of our said United Kingdom (by the favour of the Divine clemency) shall happen to be ordained. Witness ourself at Westminster, the * of * in the * * year of our Reign.

To the Right Reverend Father in God.

A writ of Summons to Parliament, to be ^*holden^* the * day of * next.