CHAPTER IV.

Proceedings in the Houses of Convocation-Relation subsisting between the civil and ecclesiastical states in the English constitution-Theory of Elizabeth on this subject-How regarded by the Commons and her ministers-Ground on which the Puritans complained of their grievances as being contrary to law-Attempt of James to increase the power of the Houses of Convocatian-Proceedings of these houses on the accession of Elizabeth and James compared-Severity of the regulations adopted in the Convocation of 1604-Enlightened sentiments of the bishop of St. David's-James obtains unconstitutional aid from the judges and the council-Character of the Puritans according to the Archbishop of York-The Puritans persecuted-Importance of correct views with regard to the Puritan controversy.

The Houses of
Convocation.

WHILE the court was thus employed in a vain attempt to subdue the strength of the Puritans in the Commons, the majority of the clergy in their Houses of Convocation were acting on the same policy. These houses were composed of the prelates and dignified churchmen, forming what was called the upper house; and of the representatives of the inferior clergy, as the lower house; and both assemblies were now convened, as was usual on the meeting of a new parliament, by the call of the monarch. These ecclesiastical parliaments, if we may so describe them, were common to all the states of Christendom during the middle ages; and were not only the authority with which it rested to decide on most ecclesiastical matters, but the only channel through which the property of the clergy could be taxed for the service of the state. The popes had always exercised a general controul over these representative bodies in matters spiritual and temporal. But in England, from the time of the Reformation, the power of these clerical assemblies had been strictly subject to that of the crown, the assent of the monarch being in all cases necessary to the validity of their decisions.

Relation between the

civil and eccle

It may not appear to be the most natural relation of things that the wisdom of an ecclesiastical body should be made to bow to that of a lay tribunal, and this with regard to the most perplexing questions of theology. But such is the relative position of the civil and ecclesiastical states in the Eng- in the English lish constitution. The taught are assumed to be better constitution. guides than their teachers, and upon the very topics

siastical states

which are the matter of instruction between them. Experience, however, has shown, that what has so inverted an appearance in theory, is the most salutary arrangement in practice; and both experience and reflection teach, that the only condition on which the Church could be

justified in aspiring to an independence of the state, would be that of resolving not to rest upon its bounty. Equity demands that it should be controlled by the state so long as it is supported by it.

zabeth on this

regarded by the Commons and by her ministers.

Elizabeth was desirous it should be understood that the function of the civil power in relation to the Church resided in herself Theory of Eli- alone, or, at most, in herself with certain ecclesiastical subject;-how commissioners appointed by parliament. But nothing had been more common in English history, especially since the age of Wycliffe, than the interference of both Lords and Commons in such matters, whether as relating to the claims of the pontiff or of the crown; and through the long reign of the last Tudor sovereign, the Commons had contended that the authority of the monarch in regard to the affairs of the Church, in common with those of the state, could only be exercised through the medium of parliament, the ecclesiastical commissioners being persons delegated by that power, and always liable to be recalled by it. The circumstances of Elizabeth with regard to the Catholic states of Europe, and with respect to such of her subjects as were professors of the Catholic faith, did not allow of her manifesting all the repugnance to this doctrine which she really felt; for as a matter of policy it was often found expedient to lay the real or supposed guilt of suppressing Catholicism on the English parliament, whose laws were appealed to as the instruments which had given existence to Protestantism in England, and occasioned the course adopted. On this subject the language of the great Lord Burleigh, writing to his son, afterwards Sir Robert Cecil, is worthy of notice. "The allegation of the popish ministers at Paris, noting that her majesty did promise favour, and afterwards did show extremities to the Catholics, is false. For her majesty at her entry prohibited all change in the form of religion, as she found it by law; and when by law it was otherwise ordered by parliament, she did command the observation of the law newly established, punishing only the offenders according to law. And afterwards when offenders of the Church did become rebels and traitors, and compassed her majesty's death, and procured invasion of the realm by strange forces, the realm by parliament provided more sharp laws against such rebels and traitors, and so her majesty's actions are justifiable at all times, having never punished any evil subject but by warrant of law." Thus the odium of persecution was transferred from the personal inclination of the sovereign, and made to rest with the great national assembly, the government in the exercise of its highest functions being no more than the minister of its will.

The reader must bear this state of things in mind, if he would understand the language of the Puritans when they describe many of the *Murdin's State Papers, p. 666.

law.

injunctions laid on them, not only as grievous, but as unlawful. For it was their uniform doctrine, that the decrees of convocations Ground on could not possess the authority of laws, unless sanctioned which the Puby a vote of parliament. The royal assent, it was contended, ritans comwas not sufficient for this purpose without an act of the plained of their griev legislature. Now this sanction of parliament had never ances as being been attached to the decisions with respect to church au- contrary to thority and religious ceremonies, which, so much to the umbrage of the Puritans, had been adopted in the first Convocation under Elizabeth. The doctrinal articles set forth in the name of that body, and called "The Articles of Religion," were approved; but what remained became the subject of fierce dispute, and passed even in the Houses of Convocation by a single vote only. Had the prelates been content with the service-book as left by Edward VI., the general law, which soon after the accession of Elizabeth restored the protestant church as it had existed under that prince, might have been pleaded as a sufficient warrant for coercing nonconformists. But the Convocation which then met was led to attempt a revision of that book; and by producing it in an amended form, made it necessary, in order to its being legally enforced, that it should receive a new confirmation from the legislature. Through the influence of the Puritans in the lower house this confirmation was refused, and the design of the refusal was, that the odium of enforcing the obnoxious ceremonies should not attach to the law, but to the queen and her favourite clergy.

On this subject a characteristic anecdote was repeated by Wentworth in the parliament of 1595. "I have heard from old parliament men,” said that patriotic senator, " that the banishment of the pope and popery, and the restoring of true religion, had their beginning from this house, and not from the bishops; and I have heard that few laws for religion had their foundation from them. I was, amongst others, in the last parliament sent unto the bishop of Canterbury for the articles of religion that then passed this house. He asked us why we did put out of the book the articles for the homilies, consecrating of bishops, and such like? 'Surely, sir,' said I, 'because we were so occupied in other matters that we had not time to examine them how they agreed with the word of God.'- What!' said he, surely you mistook the matter; you will refer yourselves wholly to us therein ?—No, by the faith I bear to God,' said I, 'we will pass nothing before we understand what it is, for that were but to make you popes; make you popes who list,' said I, for we will make you none.' And surely, Mr. Speaker, the speech seemed to me to be a pope-like speech; and I fear, lest our bishops do attribute this of the pope's canons unto themselves - Papa non potest errare (the pope may not err'); for surely if they did not they would reform things amiss.* "

*Parl. Hist. 790.

Attempt of James to aug. ment the

power of the Convocation.

Such were the settled views of the Puritans as to the power of the Convocation; and the motive's which disposed them to limit the authority of that assembly as much as possible were precisely those which taught James to seek its enlargement. It was, therefore, in pursuance of his general policy that the king endeavoured to prevent the houses of parliament from concerning themselves with ecclesiastical affairs, except in connexion with the clerical body in convocation. But this method of proceeding was no sooner named than rejected, not only as being a novelty, but as opposed to the rights of parliament, the supreme court of the nation in all affairs, as well ecclesiastical as civil. The prelates, indeed, possessed seats in parliament, and with them, as lords of par liament, the Commons were not unwilling to confer.

the Convocations on the accession of Elizabeth and James compared.

much

It has been necessary to take notice of these particulars thus distinctly, as they relate to points that will frequently occur in our Proceedings of future narrative, and especially as the circumstances and effects which marked the proceedings of the Houses of Convocation on the accession of Elizabeth were very the same with those which attended the assembling of those houses on the accession of James I. The enactments of both assemblies were sufficiently numerous and formidable to afford much perplexity to tender consciences; both laboured under the same deficiency, being denied the sanction of par liament; the decrees of both were nevertheless enforced, and with much severity, through the aid of the court, and this in the face of the loudest protests as to the illegality of such proceedings.

1604.

In the memorable Convocation of 1604, nearly a hundred and fifty regulations on church matters were agreed to, almost Severity of the without the appearance of deliberation. All these enactregulations adopted in the ments breathed more or less of the spirit of intolerance; Convocation of and, what is more, all are unrepealed to this day. Every man who should presume to question the authority of this assembly as representing the Church of England, or who should affirm the exemption of clergy or laity from its control; the man who should describe that Church as not "apostolical;" or the book of common prayer as containing " anything repugnant to scripture;" who should dare to separate from the Established Church, or assert that any assembly so separated could be a lawful Church;-if convicted of these, or of many similar offences, had sentence of excommunication pronounced against him-a sentence, be it remembered, which not only excluded the delinquent from the communion of the Church, but made him incapable of sueing for his lands or for debts, of serving on juries, or of giving evidence as a witness. Having harassed their victim through life, the authors of these canons denied him christian burial, and consigned him in form to the keeping of the powers of darkness!

It was not without reason, therefore, that the popular party in the Commons looked with much suspicion on the measures of convocations. The spirit of the times taught the courts of law to regard the canons published in 1604 as binding on the clergy only, and to issue frequent prohibitions, as had been often done in the last reign, for the purpose of securing the laity against the civil disabilities to which the fact of excommunication exposed them. The ruling clergy however, insensible to the changes that were forcing their way on either hand, did their utmost to prevent this humane interference, and with so much success was this policy pursued, that the Puritan ministers, as we shall presently find, were left almost entirely at the mercy of their ecclesiastical superiors and of the court.

Among the higher clergy, one voice only seems to have been raised on the side of moderation and forbearance;-it was that of Dr. Rudd, bishop of St. David's. A'petition was pre- Enlightened sented to the Convocation from some Puritan ministers, that sentiments of the bishop of certain parts of the book of common prayer might be re- St. David's. vised; and the answer speedily returned was, that the alternative soon to be placed before the petitioners was-conformity or deprivation. Dr. Rudd professed himself incapable of seeing either the wisdom or justice of such a course, and did not hesitate to affirm that the labourers whom his brethren were about to expel from the too much neglected vineyard of the Church, were men whose places could not be soon supplied by others equally qualified. The prelate further admonished his auditory, that the expulsion of those persons must go forth as the act of the bishops, and could not fail to exasperate a large portion of the people against them; while on all occasions it would behove them to remember that reason and persuasion were much the more legitimate weapons with which to assail misguided consciences. "To conclude," said the friend of justice and humanity, "I wish that if by petitions made to the king's majesty there cannot be obtained a complete removal of the premises which seem too grievous to divers, nor yet a toleration for them that are of the more staid and temperate carriage, yet at least there might be procured a mitigation of the penalty, if they cannot be drawn by our reasons to a conformity with us." This was not soliciting much, but several of the bishops opposed themselves to this advice, and even this was refused.

James obtains

The prorogation of parliament left James to become daily more sensible of the inconvenience to which the "pack of Puritans" in the Commons had exposed him by withholding the ex- unconstitupected subsidy, and he now resolved to annoy his opponents by enforcing the new canons against their favourites, the nonconformist clergy. But that these Convo

tional aid from the judges and

his council.

Peirce's Vindication of the Dissenters, 158-164, in which the speech was first printed. There is also a MS. of it in the Lansdowne collection in the British Museum.