Esther Counsell
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Protestant jurisdictionalism and the nature of Elizabethan puritan nonconformity
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This chapter reassesses Elizabethan puritan arguments against subscription and ecclesiastical oath-taking, paying particular attention to the political fallout attended by Archbishop John Whitgift’s introduction of a new threefold test in October 1583. It challenges previous historiographical narratives of Elizabethan puritan nonconformity which have exalted the agency of the puritan conscience in eschewing popish rites and ceremonies, or else have attributed the phenomenon of puritan nonconformity to the staying power of proto-presbyterian platforms following the Admonition Controversy (1572–78). These explanations have served to portray Elizabethan puritans as intrinsically at odds with a more magisterial and Erastian interpretation of the Elizabethan Settlement of Religion (1559). However, through close analysis of the mainstream Elizabethan puritan response to Whitgift’s extra-parliamentary reforms, particularly against the revived use of ex officio proceedings in church courts, spearheaded by the leading English civilian thinkers William Stoughton and Robert Beale, this chapter reveals a conservative, juridical, and long-standing intellectual movement, which placed pivotal significance on adherence to, and proper implementation of, a truly lay and civil form of national ecclesiastical government. Stoughton and Beale were inspired by the wider European ius commune tradition as much as by English statute and common law, envisioning a more thoroughly Erastian reconstitution of English church government. Whitgift’s extra-parliamentary subscription test, emerging from an exclusively episcopal model of the royal supremacy, proved anathema to this jurisdictionalist approach to church governance, and provides a stark contrast by which to better understand the true nature of Elizabethan puritan nonconformity.

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