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It was nevertheless on this base and dishonorable suggestion, that the first penal law which passed against the non-conformists this session was founded, entitled,

An act for the well-governing and regulating corporations; which enacts, "That within the several cities, corporations, boroughs, cinque ports, and other port towns within the kingdom of Eugland, dominion of Wales, and town of Berwick-on-Tweed, all mayors, aldermen, recorders, bailiffs, town-clerks, common-council-men, and other persons, bearing any office or offices of magistracy, or places, or trusts, or other employment relating to, or concerning the government of the said respective cities, corporations, and boroughs, and cinque ports, and their members, and other port towns, shall take the oaths of allegiance and supremacy, and this oath following:

"I A. B. do declare and believe, that it is not lawful upon any pretence whatsoever to take arms against the king; and that I do abhor that traiterous position of taking arms by his authority against his person, or against those that are commissioned by him."*

They shall also subscribe the following declaration:

"I A. B. do declare, that there lies no obligation upon me from the solemn league and covenant, and that the same was an unlawful oath imposed on the subject against the laws and liberties of the kingdom."

"Provided also, and be it enacted by the authority aforesaid, that no person shall hereafter be elected, or chosen into any of the offices or places aforesaid, that shall not have within one year next before such election or choice

Kennet's Chron. p. 602.

* "One would suppose," it has been well remarked, "that the parliament, who prescribed such an oath, must have been as near-sighted and as stupid as they were servile and corrupt. Such a maxim of non-resistance to the king, on any pretence, was directly subversive of their own consequence as well as of civil and religious liberty. The extent, to which this principle might be carried, was put to the proof by James II. but the people of England rent asunder the chains which had been forged for them by their perfidious representatives." Secret Hist. of the Court and reign of Charles II. vol. i. p. 428, note. Ed.

taken the sacrament of the Lord's supper, according to the rites of the church of England; and that every person so elected shall take the aforesaid oaths, and subscribe the said declaration at the same time when the oath for the due execution of the said places and offices shall be respectively administered."

Thus all non-conformists were turned out of all the branches of magistracy at once, and rendered incapable of serving their country in the offices of a common-councilman, or a burgess or bailiff of the smallest corporation.— The oath imposed in this act robbed them of their right as subjects. Mr. Eachard confesses that it seems at once to give up the whole constitution; and no wonder (says he) if many of the clergy as well as laity, on the account of this act, espoused a doctrine which, if rigidly taken, was hard to be reconciled to the great deliverance afterwards. Mr. Rapin adds,† that to say that it is not lawful on any pretence whatever to resist the king, is properly speaking to deliver up the liberties of the nation into his hands. The high churchmen had then elevated ideas of the royal authority. But even this parliament did not think fit afterwards to admit the dangerous consequences of their own maxims.

Commissioners were appointed, and employed during this and the following year, to visit the several corpora-. tions in England, and to turn out of office such as were in the least suspected; who executed their commissions with so much rigor, that the corporations had not one member left, who was not entirely devoted to the king and the church.

† Vol. ii. p. 628.

CHAP. VI.

From the Conference at the Savoy, to the Act of
Uniformity.

1661.

ACCORDING to his majesty's declaration of October 25, 1660, concerning ecclesiastical affairs, twelve bishops* and nine assistants were appointed on the part of the episcopal church of England, and as many ministers on the side of the presbyterians, to assemble at the bishop of London's lodgings at the Savoy," to review the book of common-prayer, comparing it with the most ancient and purest liturgies; and to take into their serious and grave considerations the several directions and rules, forms of prayer, and things in the said book of common-prayer contained, and to advise and consult upon the same, and the several objections and exceptions which shall now be raised against the same; and if occasion be, to make such reasonable and necessary alterations, corrections and amendments, as shall be agreed upon to be needful and expedient for giving satisfaction to tender consciences, and the restoring and continuance of peace and unity in the churches under his majesty's government and direction." They were to continue four months from the 25th of March 1661, and then present the result of their conferences to his majesty under their several hands.

The names of the episcopal divines on the side of the establishment at the Savoy conference were,/

The Most Rev. Dr. Accepted Frewen, archbishop of York
The Right Rev. Dr. Gilbert Sheldon, bishop of London
Dr. John Cosins, bishop of Durham

Dr. John Warner, bishop of Rochester
Dr. Henry King, bishop of Chichester

Dr. Nichols reckons twelve bishops, but has left out the bishop of Chichester, and named Edward bishop of Norwich Dr. Kennet names thirteen bishops, amongst whom are the bishops of Chichester and Norwich. Dr. Grey's Examination, vol. iii. p. 308. Ed.

VOL. IV.

46

The Right Rev. Dr. Humphrey Henchman, bish. of Sarum
Dr. George Morley, bishop of Worcester
Dr. Robert Saunderson, bishop of Lincoln
Dr. Benjamin Laney, bishop of Peterboro
Dr. Bryan Walton, bishop of Chester
Dr. Richard Sterne, bishop of Carlisle
Dr. John Gauden, bishop of Exeter.

Their assistants,

John Earle, D. D. dean of West- Peter Gunning, D. Đ.

minster

Peter Heylin, D. D.

John Hacket, D. D.

John Barwick, D. D.

John Pearson, D. D.
Thomas Pierce, D. D.
Antony Sparrow, D. D.
Herbert Thorndike,B.D.

The names of the presbyterian divines, or those who were for alterations in the hierarchy of the church at the Savoy conference were,

The Right Rev. Edward Reynolds, bishop of Norwich The Rev. Antony Tuckney, D. D. M. St. John's college, Cambridge

John Conant, D. D. Reg. Prof. Oxon

William Spurstow, D. D. vicar, Hackney
John Wallis, D. D. Sav. Prof. Geom. -
Thomas Manton, D. D. master of Covent-garden
Edmund Calamy, B. D. of Aldermanbury
Mr. Rich. Baxter, clerk, late of Kidderminster
Mr.Arthur Jackson, clerk, of St. Faith's
Mr. Thomas Case, clerk, rector of St. Giles
Mr. Samuel Clarke, clerk, of St. Bene't Fink
Mr. Matth. Newcomen, clerk, of Dedham.

Their Assistants,

The Rev. Thos. Horton, D. D. The Rev. J. Collins, D. D.

Thomas Jacomb, D. D.

William Bates, D. D.

William Cooper, D. D.
John Lightfoot, D. D.

Mr. Wm. Drake, clerk.

Benj. Woodbridge,B.D. Mr. J. Rawlin

son, clerk

When the commissioners* were assembled the first time,

*"Though the baptists in England were at this time very numerous, and as famous men amongst them for learning and piety as most in

er.

April 15, the archbishop of York stood up and said, he knew little of the business they were met about, and therefore referred it to Dr. Sheldon bishop of London, who gave it as his opinion, that the presbyterians having desired this conference, they [the bishops] should neither say nor do any thing till the others had brought in all their exceptions and complaints against the liturgy in writing, with their additional forms and amendments.* The presbyterians humbly moved for a conference according to the words of the commission, but the bishop of London insisting peremptorily upon his own method, the others consented to bring in their exceptions at one time, and their additions at anothFor this purpose bishop Reynolds, Dr. Wallis, and the rest of the presbyterian party, met from day to day to collect their exceptions ; but the additions, or drawing up a new form, was intrusted with Mr. Baxter alone."Bishop Sheldon saw well enough (says Burnet|| what the effect would be of obliging them to make all their demands at once, that the number would raise a mighty outcry against them as a people that could never be satisfied." On the other hand, the presbyterians were divided in their sentiments; some were for insisting only on a few important things, reckoning that if they were gained, and an union followed, it might be easier to obtain others afterwards. But the majority, by the influence of Mr. Baxter, were for extending their desires to the utmost, and thought themselves bound by the words of the commission to offer every thing they thought might conduce to the peace of the church, without considering what an aspect this would have with the world, or what influence their numerous demands might have upon the minds of those who were now their superiors in numbers and strenght,§ but when they the commission; yet no regard was had to their case, nor any one of that persuasion appointed to have any share in it. They did not design to reform so far; for if they could but bring the presbyterian party in, which was the most numerous of the dissenters, that might be sufficient to secure their power; though, by the consequence of this proceeding, it seems probable, there was no design of reformation; but only to quiet the minds of the people, till they could gain time." Crosby, v. ii. p. 84-5. Ed.

* Baxter's Life, part ii. p. 305. + Ibid. p. 306. || P. 262. S"This," observes a late writer, "was precisely what the advocates

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