In the Tudor and Stuart days, there also existed two tribunals of a character which it is difficult in the nineteenth century to understand. The High Commission Court was doubtless intended to promote and consolidate the Reformation on Anglo-Catholic principles, by exterminating Popery on the one hand, and checking Puritanism on the other. According to the terms of the Act of Uniformity, Elizabeth and her successors had power given them "to visit, reform, redress, order, correct and amend all such errors, heresies, schisms, abuses, contempts, offences and enormities whatsoever, which, by any manner of spiritual authority or jurisdiction, ought, or may be lawfully reformed, ordered, redressed, corrected, restrained or amended." Her Majesty became invested with authority to correct such heresies of the clergy as had been adjudged to be so by the authority of the canonical Scripture, or by the first four general councils, or any of them, or by any other general council, or by the High Court of Parliament, with the assent of the clergy in convocation.[26] Many Commissions were successively issued by the Queen.[27] Neal gives an abstract of that one which was issued in the month of December, 1583. After reciting the Act of Supremacy, the Act of Uniformity, the Act for the assurance of the Queen's powers over all states, and the Act for reforming certain disorders touching ministers of the Church, her Majesty named forty-four commissioners, of whom twelve were bishops, some were privy councillors, lawyers, and officers of state, the rest deans, archdeacons, and civilians. They were authorized to enquire respecting heretical opinions, schisms, absence from church, seditious books, contempts, conspiracies, false rumours, and slanderous words, besides offences, such as adultery, punishable by ecclesiastical laws. In the first clause command is given to enquire, "as well by the oaths of twelve good and lawful men, as also by witnesses, and all _other means and ways you can devise_."[28] With this power of enormous latitude, instituting enquiry over vague offences, was connected a power of punishment, qualified by the word "lawful," and by reference "to the power and authority limited and appointed by the laws, ordinances, and statutes of the realm." Liberty was given to examine suspected persons "on their corporal oath"--in fact, the _ex officio_ oath.[29] Any three of the members had authority to execute the commission.[30]
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Ecclesiastical History of England, from the Opening of the Long Parliament to the Death of Oliver Cromwell — Part 14
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