CHAPTER IV

ON THE LAWS OF ELIZABETH'S REIGN RESPECTING PROTESTANT NONCONFORMISTS

The two statutes enacted in the first year of Elizabeth, commonly called

the Acts of Supremacy and Uniformity, are the main links of the Anglican

church with the temporal constitution, and establish the subordination

and dependency of the former; the first abrogating all jurisdiction and

legislative power of ecclesiastical rulers, except under the authority

of the Crown; and the second prohibiting all changes of rites and

discipline without the approbation of parliament. It was the constant

policy of this queen to maintain her ecclesiastical prerogative and the

laws she had enacted. But in following up this principle she found

herself involved in many troubles, and had to contend with a religious

party, quite opposite to the Romish, less dangerous indeed and inimical

to her government, but full as vexatious and determined.

_Origin of the differences among the English protestants._--I have in

another place slightly mentioned the differences that began to spring up

under Edward VI. between the moderate reformers who established the new

Anglican church, and those who accused them of proceeding with too much

forbearance in casting off superstitions and abuses. These diversities

of opinion were not without some relation to those which distinguished

the two great families of protestantism in Europe. Luther, intent on his

own system of dogmatic theology, had shown much indifference about

retrenching exterior ceremonies, and had even favoured, especially in

the first years of his preaching, that specious worship which some

ardent reformers were eager to reduce to simplicity.[266] Crucifixes and

images, tapers and priestly vestments, even for a time the elevation of

the host and the Latin mass-book, continued in the Lutheran churches;

while the disciples of Zuingle and Calvin were carefully eradicating

them as popish idolatry and superstition. Cranmer and Ridley, the

founders of the English reformation, justly deeming themselves

independent of any foreign master, adopted a middle course between the

Lutheran and Calvinistic ritual. The general tendency however of

protestants, even in the reign of Edward VI., was towards the simpler

forms; whether through the influence of those foreign divines who

co-operated in our reformation, or because it was natural in the heat of

religious animosity to recede as far as possible, especially in such

exterior distinctions, from the opposite denomination. The death of

Edward seems to have prevented a further approach to the scheme of

Geneva in our ceremonies, and perhaps in our discipline. During the

persecution of Mary's reign, the most eminent protestant clergymen took

refuge in various cities of Germany and Switzerland. They were received

by the Calvinists with hospitality and fraternal kindness; while the

Lutheran divines, a narrow-minded intolerant faction, both neglected and

insulted them.[267] Divisions soon arose among themselves about the use

of the English service, in which a pretty considerable party was

disposed to make alterations. The chief scene of these disturbances was

Frankfort, where Knox, the famous reformer of Scotland, headed the

innovators; while Cox, an eminent divine, much concerned in the

establishment of Edward VI., and afterwards Bishop of Ely, stood up for

the original liturgy. Cox succeeded (not quite fairly, if we may rely on

the only narrative we possess) in driving his opponents from the city;

but these disagreements were by no means healed, when the accession of

Elizabeth recalled both parties to their own country, neither of them

very likely to display more mutual charity in their prosperous hour,

than they had been able to exercise in a common persecution.[268]

_Religious inclinations of the queen._--The first mortification these

exiles endured on their return was to find a more dilatory advance

towards public reformation of religion, and more of what they deemed

lukewarmness, than their sanguine zeal had anticipated. Most part of

this delay was owing to the greater prudence of the queen's counsellors,

who felt the pulse of the nation before they ventured on such essential

changes. But there was yet another obstacle, on which the reformers had

not reckoned. Elizabeth, though resolute against submitting to the

papal supremacy, was not so averse to all the tenets abjured by

protestants, and loved also a more splendid worship than had prevailed

in her brother's reign; while many of those returned from the continent

were intent on copying a still simpler model. She reproved a divine who

preached against the real presence, and is even said to have used

prayers to the Virgin.[269] But her great struggle with the reformers

was about images, and particularly the crucifix, which she retained,

with lighted tapers before it, in her chapel; though in the injunctions

to the ecclesiastical visitors of 1559, they are directed to have them

taken away from churches.[270] This concession she must have made very

reluctantly, for we find proofs the next year of her inclination to

restore them; and the question of their lawfulness was debated, as Jewel

writes word to Peter Martyr, by himself and Grindal on one side, against

Parker and Cox, who had been persuaded to argue in their favour.[271]

But the strenuous opposition of men so distinguished as Jewel, Sandys,

and Grindal, of whom the first declared his intention of resigning his

bishopric in case this return towards superstition should be made,

compelled Elizabeth to relinquish her project.[272] The crucifix was

even for a time removed from her own chapel, but replaced about

1570.[273]

There was however one other subject of dispute between the old and new

religions, upon which her majesty could not be brought to adopt the

protestant side of the question. This was the marriage of the clergy, to

which she expressed so great an aversion, that she would never consent

to repeal the statute of her sister's reign against it.[274]

Accordingly, the bishops and clergy, though they married by connivance,

or rather by an ungracious permission,[275] saw, with very just

dissatisfaction, their children treated by the law as the offspring of

concubinage.[276] This continued, in legal strictness, till the first

year of James, when the statute of Mary was explicitly repealed; though

I cannot help suspecting that clerical marriages had been tacitly

recognised, even in courts of justice, long before that time. Yet it

appears less probable to derive Elizabeth's prejudice in this respect

from any deference to the Roman discipline, than from that strange

dislike to the most lawful union between the sexes, which formed one of

the singularities of her character.

Such a reluctance as the queen displayed to return in every point even

to the system established under Edward, was no slight disappointment to

those who thought that too little had been effected by it. They had

beheld at Zurich and Geneva the simplest, and, as they conceived, the

purest form of worship. They were persuaded that the vestments still

worn by the clergy, as in the days of popery, though in themselves

indifferent, led to erroneous notions among the people, and kept alive a

recollection of former superstitions, which would render their return to

them more easy in the event of another political revolution.[277] They

disliked some other ceremonies for the same reason. These objections

were by no means confined, as is perpetually insinuated, to a few

discontented persons. Except Archbishop Parker, who had remained in

England during the late reign, and Cox, Bishop of Ely, who had taken a

strong part at Frankfort against innovation, all the most eminent

churchmen, such as Jewel, Grindal, Sandys, Nowell, were in favour of

leaving off the surplice and what were called the popish

ceremonies.[278] Whether their objections are to be deemed narrow and

frivolous or otherwise, it is inconsistent with veracity to dissemble

that the queen alone was the cause of retaining those observances, to

which the great separation from the Anglican establishment is ascribed.

Had her influence been withdrawn, surplices and square caps would have

lost their steadiest friend; and several other little accommodations to

the prevalent dispositions of protestants would have taken place. Of

this it seems impossible to doubt, when we read the proceedings of the

convocation in 1562, when a proposition to abolish most of the usages

deemed objectionable was lost only by a vote, the numbers being 59 to

58.[279]

In thus restraining the ardent zeal of reformation, Elizabeth may not

have been guided merely by her own prejudices, without far higher

motives of prudence and even of equity. It is difficult to pronounce in

what proportion the two conflicting religions were blended on her coming

to the throne. The reformed occupied most large towns, and were no doubt

a more active and powerful body than their opponents. Nor did the

ecclesiastical visitors of 1559 complain of any resistance, or even

unwillingness, among the people.[280] Still the Romish party was

extremely numerous; it comprehended the far greater portion of the

beneficed clergy, and all those who, having no turn for controversy,

clung with pious reverence to the rites and worship of their earliest

associations. It might be thought perhaps not very repugnant to wisdom

or to charity, that such persons should be won over to the reformed

faith by retaining a few indifferent usages, which gratified their eyes,

and took off the impression, so unpleasing to simple minds, of religious

innovation. It might be urged that, should even somewhat more of

superstition remain awhile than rational men would approve, the mischief

would be far less than to drive the people back into the arms of popery,

or to expose them to the natural consequences of destroying at once all

old landmarks of reverence,--a dangerous fanaticism, or a careless

irreligion. I know not in what degree these considerations had weight

with Elizabeth; but they were such as it well became her to entertain.

We live however too far from the period of her accession, to pass an

unqualified decision on the course of policy which it was best for the

queen to pursue. The difficulties of effecting a compromise between two

intolerant and exclusive sects were perhaps insuperable. In maintaining

or altering a religious establishment, it may be reckoned the general

duty of governments to respect the wishes of the majority. But it is

also a rule of human policy to favour the more efficient and

determined, which may not always be the more numerous party. I am far

from being convinced that it would not have been practicable, by

receding a little from that uniformity which governors delight to

prescribe, to have palliated in a great measure, if not put an end for a

time, to the discontent that so soon endangered the new establishment.

The frivolous usages, to which so many frivolous objections were raised,

such as the tippet and surplice, the sign of the cross in baptism, the

ring in matrimony, the posture of kneeling at the communion, might have

been left to private discretion, not possibly without some

inconvenience, but with less, as I conceive, than resulted from

rendering their observance indispensable. Nor should we allow ourselves

to be turned aside by the common reply, that no concessions of this kind

would have ultimately prevented the disunion of the church upon more

essential differences than these litigated ceremonies; since the science

of policy, like that of medicine, must content itself with devising

remedies for immediate danger, and can at best only retard the progress

of that intrinsic decay which seems to be the law of all things human,

and through which every institution of man, like his earthly frame, must

one day crumble into ruin.

_Unwillingness to comply with the established ceremonies._--The

repugnance felt by a large part of the protestant clergy to the

ceremonies with which Elizabeth would not consent to dispense, showed

itself in irregular transgressions of the uniformity prescribed by

statute. Some continued to wear the habits, others laid them aside; the

communicants received the sacrament sitting, or standing, or kneeling,

according to the minister's taste; some baptized in the font, others in

a basin; some with the sign of the cross, others without it. The people

in London and other towns, siding chiefly with the malcontents, insulted

such of the clergy as observed the prescribed order.[281] Many of the

bishops readily connived at deviations from ceremonies which they

disapproved. Some, who felt little objection to their use, were against

imposing them as necessary.[282] And this opinion, which led to very

momentous inferences, began so much to prevail, that we soon find the

objections to conformity more grounded on the unlawfulness of compulsory

regulations in the church prescribed by the civil power, than on any

special impropriety in the usages themselves. But this principle, which

perhaps the scrupulous party did not yet very fully avow, was altogether

incompatible with the supremacy vested in the queen, of which fairest

flower of her prerogative she was abundantly tenacious. One thing was

evident, that the puritan malcontents were growing every day more

numerous, more determined, and more likely to win over the generality of

those who sincerely favoured the protestant cause. There were but two

lines to be taken; either to relax and modify the regulations which gave

offence, or to enforce a more punctual observation of them. It seems to

me far more probable that the former course would have prevented a great

deal of that mischief which the second manifestly aggravated. For in

this early stage the advocates of a simpler ritual had by no means

assumed the shape of an embodied faction, whom concessions, it must be

owned, are not apt to satisfy, but numbered the most learned and

distinguished portion of the hierarchy. Parker stood nearly alone on the

other side, but alone more than an equipoise in the balance, through his

high station, his judgment in matters of policy, and his knowledge of

the queen's disposition. He had possibly reason to apprehend that

Elizabeth, irritated by the prevalent humour for alteration, might burst

entirely away from the protestant side, or stretch her supremacy to

reduce the church into a slavish subjection to her caprice.[283] This

might induce a man of his sagacity, who took a far wider view of civil

affairs than his brethren, to exert himself according to her peremptory

command for universal conformity. But it is not easy to reconcile the

whole of his conduct to this supposition; and in the copious memorials

of Strype, we find the archbishop rather exciting the queen to rigorous

measures against the puritans than standing in need of her

admonition.[284]

_Conformity enforced by the archbishop against the disposition of

others._--The unsettled state of exterior religion which has been

mentioned lasted till 1565. In the beginning of that year a

determination was taken by the queen, or rather perhaps the archbishop,

to put a stop to all irregularities in the public service. He set forth

a book called _Advertisements_, containing orders and regulations for

the discipline of the clergy. This modest title was taken in consequence

of the queen's withholding her sanction of its appearance through

Leicester's influence.[285] The primate's next step was to summon before

the ecclesiastical commission Sampson, Dean of Christchurch, and

Humphrey, President of Magdalen College, Oxford, men of signal

non-conformity, but at the same time of such eminent reputation that,

when the law took its course against them, no other offender could hope

for indulgence. On refusing to wear the customary habits, Sampson was

deprived of his deanery; but the other seems to have been

tolerated.[286] This instance of severity, as commonly happens, rather

irritated than intimidated the puritan clergy, aware of their numbers,

their popularity, and their powerful friends, but above all sustained by

their own sincerity and earnestness. Parker had taken his resolution to

proceed in the vigorous course he had begun. He obtained from the queen

a proclamation, peremptorily requiring conformity in the use of the

clerical vestments and other matters of discipline. The London

ministers, summoned before himself and their bishop, Grindal, who did

not very willingly co-operate with his metropolitan, were called upon

for a promise to comply with the legal ceremonies, which thirty-seven

out of ninety-eight refused to make. They were in consequence suspended

from their ministry, and their livings put in sequestration. But these

unfortunately, as was the case in all this reign, were the most

conspicuous, both for their general character and for their talent in

preaching.[287]

Whatever deviations from uniformity existed within the pale of the

Anglican church, no attempt had hitherto been made to form separate

assemblies; nor could it be deemed necessary, while so much indulgence

had been conceded to the scrupulous clergy. But they were now reduced to

determine whether the imposition of those rites they disliked would

justify, or render necessary, an abandonment of their ministry. The

bishops of that school had so far overcome their repugnance, as not only

to observe the ceremonies of the church, but, in some instances, to

employ compulsion towards others.[288] A more unexceptionable, because

more disinterested, judgment was pronounced by some of the Swiss

reformers to whom our own paid great respect--Beza, Gualter, and

Bullinger; who, while they regretted the continuance of a few

superfluous rites, and still more the severity used towards good men,

dissuaded their friends from deserting their vocation on that account.

Several of the most respectable opponents of the ceremonies were equally

adverse to any open schism.[289] But the animosities springing from

heated zeal, and the smart of what seemed oppression, would not suffer

the English puritans generally to acquiesce in such temperate counsels.

They began to form separate conventicles in London, not ostentatiously

indeed, but of course without the possibility of eluding notice. It was

doubtless worthy of much consideration, whether an established

church-government could wink at the systematic disregard of its

discipline by those who were subject to its jurisdiction and partook of

its revenues. And yet there were many important considerations derived

from the posture of religion and of the state, which might induce

cool-headed men to doubt the expediency of too much straightening the

reins. But there are few, I trust, who can hesitate to admit that the

puritan clergy, after being excluded from their benefices, might still

claim from a just government a peaceful toleration of their particular

worship. This it was vain to expect from the queen's arbitrary spirit,

the imperious humour of Parker, and that total disregard of the rights

of conscience which was common to all parties in the sixteenth century.

The first instance of actual punishment inflicted on protestant

dissenters was in June 1567, when a company of more than one hundred

were seized during their religious exercises at Plummer's Hall, which

they had hired on pretence of a wedding, and fourteen or fifteen of them

were sent to prison.[290] They behaved on their examination with a

rudeness as well as self-sufficiency, that had already begun to

characterise the puritan faction. But this cannot excuse the fatal error

of molesting men for the exercise of their own religion.

These coercive proceedings of the archbishop were feebly seconded, or

directly thwarted, by most leading men both in church and state. Grindal

and Sandys, successively Bishops of London and Archbishops of York, were

naturally reckoned at this time somewhat favourable to the

non-conforming ministers, whose scruples they had partaken. Parkhurst

and Pilkington, Bishops of Norwich and Durham, were openly on their

side.[291] They had still more effectual support in the queen's council.

The Earl of Leicester, who possessed more power than any one to sway her

wavering and capricious temper, the Earls of Bedford, Huntingdon, and

Warwick, regarded as the steadiest protestants among the aristocracy,

the wise and grave Lord Keeper Bacon, the sagacious Walsingham, the

experienced Sadler, the zealous Knollys, considered these objects of

Parker's severity, either as demanding a purer worship than had been

established in the church, or at least as worthy by their virtues and

services of more indulgent treatment.[292] Cecil himself, though on

intimate terms with the archbishop, and concurring generally in his

measures, was not far removed from the latter way of thinking, if his

natural caution and extreme dread at this juncture of losing the queen's

favour had permitted him more unequivocally to express it. Those whose

judgment did not incline them towards the puritan notions, respected the

scruples of men in whom the reformed religion could so implicitly

confide. They had regard also to the condition of the church. The far

greater part of its benefices were supplied by conformists of very

doubtful sincerity, who would resume their mass-books with more alacrity

than they had cast them aside.[293] Such a deficiency of protestant

clergy had been experienced at the queen's accession, that for several

years it was a common practice to appoint laymen, usually mechanics, to

read the service in vacant churches.[294] These were not always wholly

illiterate; or if they were, it was no more than might be said of the

popish clergy, the vast majority of whom were destitute of all useful

knowledge, and could read little Latin.[295] Of the two universities,

Oxford had become so strongly attached to the Romish side during the

late reign, that, after the desertion or expulsion of the most zealous

of that party had almost emptied several colleges, it still for many

years abounded with adherents to the old religion.[296] But at

Cambridge, which had been equally popish at the queen's accession, the

opposite faction soon acquired the ascendant. The younger students,

imbibing ardently the new creed of ecclesiastical liberty, and excited

by puritan sermons, began to throw off their surplices, and to commit

other breaches of discipline, from which it might be inferred that the

generation to come would not be less apt for innovation than the

present.[297]

_A more determined opposition, about 1570, led by Cartwright._--The

first period in the history of puritanism includes the time from the

queen's accession to 1570, during which the retention of superstitious

ceremonies in the church had been the sole avowed ground of complaint.

But when these obnoxious rites came to be enforced with unsparing

rigour, and even those who voluntarily renounced the temporal advantages

of the establishment were hunted from their private conventicles, they

began to consider the national system of ecclesiastical regimen as

itself in fault, and to transfer to the institution of episcopacy that

dislike they felt for some of the prelates. The ostensible founder of

this new school (though probably its tenets were by no means new to many

of the sect) was Thomas Cartwright, the Lady Margaret's professor of

divinity at Cambridge. He began about 1570 to inculcate the unlawfulness

of any form of church-government, except what the apostles had

instituted, namely, the presbyterian. A deserved reputation for virtue,

learning, and acuteness, an ardent zeal, an inflexible self-confidence,

a vigorous, rude, and arrogant style, marked him as the formidable

leader of a religious faction.[298] In 1572 he published his celebrated

_Admonition to the Parliament_, calling on that assembly to reform the

various abuses subsisting in the church. In this treatise, such a hardy

spirit of innovation was displayed, and schemes of ecclesiastical policy

so novel and extraordinary were developed, that it made a most important

epoch in the contest, and rendered its termination far more improbable.

The hour for liberal concessions had been suffered to pass away; the

archbishops' intolerant temper had taught men to question the authority

that oppressed them, till the battle was no longer to be fought for a

tippet and a surplice, but for the whole ecclesiastical hierarchy,

interwoven as it was with the temporal constitution of England.

It had been the first measure adopted in throwing off the yoke of Rome

to invest the sovereign with an absolute control over the Anglican

church; so that no part of its coercive discipline could be exercised

but by his authority, nor any laws enacted for its governance without

his sanction. This supremacy, indeed both Henry VIII. and Edward VI. had

carried so far, that the bishops were reduced almost to the rank of

temporal officers, taking out commissions to rule their dioceses during

the king's pleasure; and Cranmer had prostrated at the feet of Henry

those spiritual functions which have usually been reckoned inherent in

the order of clergy. Elizabeth took some pains to soften and almost

explain away her supremacy, in order to conciliate the catholics; while,

by means of the high commission court, established by statute in the

first year of her reign, she was practically asserting it with no little

despotism. But the avowed opponents of this prerogative were hitherto

chiefly those who looked to Rome for another head of their church. The

disciples of Cartwright now learned to claim an ecclesiastical

independence, as unconstrained as the Romish priesthood in the darkest

ages had usurped. "No civil magistrate in councils or assemblies for

church matters," he says in his _Admonition_, "can either be chief

moderator, over-ruler, judge, or determiner; nor has he such authority

as that, without his consent, it should not be lawful for ecclesiastical

persons to make any church orders or ceremonies. Church matters ought

ordinarily to be handled by church officers. The principal direction of

them is by God's ordinance committed to the ministers of the church and

to the ecclesiastical governors. As these meddle not with the making

civil laws, so the civil magistrate ought not to ordain ceremonies, or

determine controversies in the church, as long as they do not intrench

upon his temporal authority. 'Tis the prince's province to protect and

defend the councils of his clergy, to keep the peace, to see their

decrees executed, and to punish the contemners of them; but to exercise

no spiritual jurisdiction."[299] "It must be remembered," he says in

another place, "that civil magistrates must govern the church according

to the rules of God prescribed in his word, and that as they are nurses,

so they be servants unto the church; and as they rule in the church, so

they must remember to submit themselves unto the church, to submit their

sceptres, to throw down their crowns before the church, yea, as the

prophet speaketh, to lick the dust of the feet of the church."[300] It

is difficult to believe that I am transcribing the words of a

protestant writer; so much does this passage call to mind those tones of

infatuated arrogance, which had been heard from the lips of Gregory VII.

and of those who trod in his footsteps.[301]

The strength of the protestant party had been derived, both in Germany

and in England, far less from their superiority in argument, however

decisive this might be, than from that desire which all classes, and

especially the higher, had long experienced to emancipate themselves

from the thraldom of ecclesiastical jurisdiction. For it is ever found,

that men do not so much as give a hearing to novel systems in religion,

till they have imbibed, from some cause or other, a secret distaste to

that in which they have been educated. It was therefore rather alarming

to such as had an acquaintance with ecclesiastical history, and knew the

encroachments formerly made by the hierarchy throughout Europe,

encroachments perfectly distinguishable from those of the Roman see, to

perceive the same pretensions urged, and the same ambition and arrogance

at work, which had imposed a yoke on the necks of their fathers. With

whatever plausibility it might be maintained that a connection with

temporal magistrates could only corrupt the purity and shackle the

liberties of a Christian church, this argument was not for them to urge,

who called on those magistrates to do the church's bidding, to enforce

its decrees, to punish its refractory members; and while they disdained

to accept the prince's co-operation as their ally, claimed his service

as their minister. The protestant dissenters since the revolution, who

have almost unanimously, and, I doubt not, sincerely, declared their

averseness to any religious establishment, especially as accompanied

with coercive power, even in favour of their own sect, are by no means

chargeable with these errors of the early puritans. But the scope of

Cartwright's declaration was not to obtain a toleration for dissent, not

even by abolishing the whole ecclesiastical polity, to place the

different professions of religion on an equal footing, but to substitute

his own model of government, the one, exclusive, unappealable standard

of obedience, with all the endowments, so far as applicable to its

frame, of the present church, and with all the support to its discipline

that the civil power could afford.[302]

We are not however to conclude that every one, or even the majority, of

those who might be counted on the puritan side in Elizabeth's reign,

would have subscribed to these extravagant sentences of Cartwright, or

desired to take away the legal supremacy of the Crown.[303] That party

acquired strength by the prevailing hatred and dread of popery, and by

the disgust which the bishops had been unfortunate enough to excite. If

the language which I have quoted from the puritans breathed a spirit of

ecclesiastical usurpation that might one day become dangerous, many were

of opinion that a spirit not less mischievous in the present hierarchy,

under the mask of the queen's authority, was actually manifesting itself

in deeds of oppression. The upper ranks among the laity, setting aside

courtiers, and such as took little interest in the dispute, were chiefly

divided between those attached to the ancient church and those who

wished for further alterations in the new. I conceive the church of

England party, that is, the party adverse to any species of

ecclesiastical change, to have been the least numerous of the three

during this reign; still excepting, as I have said, the neutrals, who

commonly make a numerical majority, and are counted along with the

dominant religion.[304] But by the act of the fifth of Elizabeth, Roman

catholics were excluded from the House of Commons; or, if some that way

affected might occasionally creep into it, yet the terror of penal laws

impending over their heads would make them extremely cautious of

betraying their sentiments. This contributed with the prevalent tone of

public opinion, to throw such a weight into the puritanical scale in the

Commons, as it required all the queen's energy to counterbalance.

_Puritans supported in the Commons._--In the parliament that met in

April 1571, a few days only after the commencement of the session, Mr.

Strickland, "a grave and ancient man of great zeal," as the reporter

styles him, began the attack by a long but apparently temperate speech

on the abuses of the church, tending only to the retrenchment of a few

superstitions in the liturgy, and to some reforms in the disposition of

benefices. He proceeded to bring in a bill for the reformation of the

common prayer, which was read a first time. Abuses in respect to

benefices appear to have been a copious theme of scandal. The power of

dispensation, which had occasioned so much clamour in former ages,

instead of being abolished or even reduced into bounds at the

reformation, had been transferred entire from the pope to the king and

archbishop. And, after the Council of Trent had effected such

considerable reforms in the catholic discipline, it seemed a sort of

reproach to the protestant church of England, that she retained all the

dispensations, the exemptions, the pluralities, which had been deemed

the peculiar corruptions of the worst times of popery.[305] In the reign

of Edward VI., as I have already mentioned, the canon law being

naturally obnoxious from its origin and character, a commission was

appointed to draw up a code of ecclesiastical laws. This was accordingly

compiled, but never obtained the sanction of parliament; and though some

attempts were made, and especially in the Commons at this very time, to

bring it again before the legislature, our ecclesiastical tribunals have

been always compelled to borrow a great part of their principles from

canon law: one important consequence of which may be mentioned by way of

illustration; that they are incompetent to grant a divorce from the bond

of marriage in cases of adultery, as had been provided in the

reformation of ecclesiastical laws compiled under Edward VI. A

disorderly state of the church, arising partly from the want of any

fixed rules of discipline, partly from the negligence of some bishops,

and simony of others, but above all, from the rude state of manners and

general ignorance of the clergy, is the common theme of complaint in

this period, and aggravated the increasing disaffection towards the

prelacy. A bill was brought into the Commons to take away the granting

of licences and dispensations by the Archbishop of Canterbury. But the

queen's interference put a stop to this measure.[306]

The House of Commons gave in this session a more forcible proof of its

temper in ecclesiastical concerns. The articles of the English church,

originally drawn up under Edward VI., after having undergone some

alteration, were finally reduced to their present form by the

convocation of 1562. But it seems to have been thought necessary that

they should have the sanction of parliament, in order to make them

binding on the clergy. Of these articles the far greater portion relate

to matters of faith, concerning which no difference of opinion had as

yet appeared. Some few however declare the lawfulness of the established

form of consecrating bishops and priests, the supremacy of the Crown,

and the power of the church to order rites and ceremonies. These

involved the main questions at issue; and the puritan opposition was

strong enough to withhold the approbation of the legislature from this

part of the national symbol. The act of 13 Eliz. c. 12, accordingly

enacts, that every priest or minister shall subscribe to all the

articles of religion which _only_ concern the confession of the true

christian faith, and the doctrine of the sacraments, comprised in a book

entitled _Articles whereupon it was agreed_, etc. That the word _only_

was inserted for the sake of excluding the articles which established

church authority and the actual discipline, is evident from a remarkable

conversation which Mr. Wentworth, the most distinguished asserter of

civil liberty in this reign, relates himself in a subsequent session

(that of 1575), to have held on the subject with Archbishop Parker. "I

was," he says, "among others, the last parliament sent for unto the

Archbishop 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, consecration of bishops, and such like?' 'Surely,

sir,' said I, 'because we were so occupied in other matters that we had

no time to examine them how they agreed with the word of God.' 'What!'

said he, 'surely you mistake 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 sure, Mr. Speaker, the speech seemed to me to be a pope-like

speech, and I fear least our bishops do attribute this of the pope's

canons unto themselves; Papa non potest errare."[307] The intrepid

assertion of the right of private judgment on one side, and the

pretension to something like infallibility on the other, which have been

for more than two centuries since so incessantly repeated, are here

curiously brought into contrast. As to the reservation itself, obliquely

insinuated rather than expressed in this statute, it proved of little

practical importance, the bishops having always exacted a subscription

to the whole thirty-nine articles.[308]

It was not to be expected that the haughty spirit of Parker, which had

refused to spare the honest scruples of Sampson and Coverdale, would

abate of its rigour towards the daring paradoxes of Cartwright. His

disciples, in truth, from dissatisfied subjects of the church, were

become her downright rebels, with whom it was hardly practicable to make

any compromise that would avoid a schism, except by sacrificing the

splendour and jurisdiction of an established hierarchy. The archbishop

continued, therefore, to harass the puritan ministers, suppressing their

books, silencing them in churches, prosecuting them in private

meetings.[309] Sandys and Grindal, the moderate reformers of our

spiritual aristocracy, not only withdrew their countenance from a party

who aimed at improvement by subversion, but fell, according to the

unhappy temper of their age, into courses of undue severity. Not merely

the preachers, to whom, as regular ministers, the rules of canonical

obedience might apply, but plain citizens, for listening to their

sermons, were dragged before the high commission and imprisoned upon any

refusal to conform.[310] Strange that these prelates should not have

remembered their own magnanimous readiness to encounter suffering for

conscience sake in the days of Mary, or should have fondly arrogated to

their particular church that elastic force of resolution, which disdains

to acknowledge tyrannous power within the sanctuary of the soul, and

belongs to the martyrs of every opinion without attesting the truth of

any!

The puritans meanwhile had not lost all their friends in the council,

though it had become more difficult to protect them. One powerful reason

undoubtedly operated on Walsingham and other ministers of Elizabeth's

court against crushing their party; namely, the precariousness of the

queen's life, and the unsettled prospects of succession. They had

already seen, in the Duke of Norfolk's conspiracy, that more than half

the superior nobility had committed themselves to support the title of

the Queen of Scots. That title was sacred to all who professed the

catholic religion, and respectable to a large proportion of the rest.

But deeming, as they did, that queen a convicted adulteress and

murderer, the determined enemy of their faith, and conscious that she

could never forgive those who had counselled her detention and sought

her death, it would have been unworthy of their prudence and magnanimity

to have gone as sheep to the slaughter, and risked the destruction of

protestantism under a second Mary, if the intrigues of ambitious men,

the pusillanimity of the multitude, and the specious pretext of

hereditary right, should favour her claims on a demise of the Crown.

They would have failed perhaps in attempting to resist them; but upon

resistance I make no question that they had resolved. In so awful a

crisis, to what could they better look than to the stern, intrepid,

uncompromising spirit of puritanism; congenial to that of the Scottish

reformers, by whose aid the lords of the congregation had overthrown the

ancient religion in despite of the regent Mary of Guise? Of conforming

churchmen, in general, they might well be doubtful, after the

oscillations of the three preceding reigns; but every abhorrer of

ceremonies, every rejecter of prelatical authority, might be trusted as

protestant to the heart's core, whose sword would be as ready as his

tongue to withstand idolatry. Nor had the puritans admitted, even in

theory, those extravagant notions of passive obedience which the church

of England had thought fit to mingle with her homilies. While the

victory was yet so uncertain, while contingencies so incalculable might

renew the struggle, all politic friends of the reformation would be

anxious not to strengthen the enemy by disunion in their own camp. Thus

Sir Francis Walsingham, who had been against enforcing the obnoxious

habits, used his influence with the scrupulous not to separate from the

church on account of them; and again, when the schism had already

ensued, thwarted as far as his credit in the council extended, that

harsh intolerance of the bishops which aggravated its mischiefs.[311]

We should reason in as confined a manner as the puritans themselves, by

looking only at the captious frivolousness of their scruples, and

treating their sect either as wholly contemptible or as absolutely

mischievous. We do injustice to these wise counsellors of the maiden

queen, when we condemn, I do not mean on the maxims only of toleration,

but of civil prudence, their unwillingness to crush the non-conforming

clergy by an undeviating rigour. It may justly be said that, in a

religious sense, it was a greater good to possess a well-instructed

pious clergy, able to contend against popery, than it was an evil to let

some prejudices against mere ceremonies gain a head. The old religion

was by no means, for at least the first half of Elizabeth's reign, gone

out of the minds of the people. The lurking priests had great advantages

from the attractive nature of their faith, and some, no doubt, from its

persecution. A middle system, like the Anglican, though it was more

likely to produce exterior conformity, and for that reason was, I think,

judiciously introduced at the outset, did not afford such a security

against relapse, nor draw over the heart so thoroughly, as one which

admitted of no compromise. Thus the sign of the cross in baptism, one of

the principal topics of objection, may well seem in itself a very

innocent and decorous ceremony. But if the perpetual use of that sign is

one of the most striking superstitions in the church of Rome, it might

be urged in behalf of the puritans, that the people were less likely to

treat it with contempt, when they saw its continuance, even in one

instance, so strictly insisted upon. I do not pretend to say that this

reasoning is right, but that it is at least plausible, and that we must

go back and place ourselves, as far as we can, in those times, before we

determine upon the whole of this controversy in its manifold bearings.

The great object of Elizabeth's ministers, it must be kept in mind, was

the preservation of the protestant religion, to which all ceremonies of

the church, and even its form of discipline, were subordinate. An

indifferent passiveness among the people, a humble trust in authority,

however desirable in the eyes of churchmen, was not the temper which

would have kept out the right heir from the throne, or quelled the

generous ardour of the catholic gentry on the queen's decease.

_Prophecyings._--A matter very much connected with the present subject

will illustrate the different schemes of ecclesiastical policy pursued

by the two parties that divided Elizabeth's council. The clergy in

several dioceses set up, with encouragement from their superiors, a

certain religious exercise, called prophecyings. They met at appointed

times to expound and discuss together particular texts of Scripture,

under the presidency of a moderator, appointed by the bishop, who

finished by repeating the substance of their debate with his own

determination upon it. These discussions were in public; and it was

contended that this sifting of the grounds of their faith, and habitual

argumentation, would both tend to edify the people, very little

acquainted as yet with their religion, and supply in some degree the

deficiencies of learning among the pastors themselves. These

deficiencies were indeed glaring; and it is not unlikely that the

prophecyings might have had a salutary effect, if it had been possible

to exclude the prevailing spirit of the age. It must however be evident

to any one who had experience of mankind, that the precise clergy, armed

not only with popular topics, but with an intrinsic superiority of

learning and ability to support them, would wield these assemblies at

their pleasure, whatever might be the regulations devised for their

control. The queen entirely disliked them, and directed Parker to put

them down. He wrote accordingly to Parkhurst, Bishop of Norwich, for

that purpose. The bishop was unwilling to comply. And some privy

counsellors interfered by a letter, enjoining him not to hinder these

exercises, so long as nothing contrary to the church was taught therein.

This letter was signed by Sir Thomas Smith, Sir Walter Mildmay, Bishop

Sandys, and Sir Francis Knollys. It was, in effect, to reverse what the

archbishop had done. Parker, however, who was not easily daunted, wrote

again to Parkhurst, that, understanding he had received instructions in

opposition to the queen's orders and his own, he desired to be informed

what they were. This seems to have checked the counsellors; for we find

that the prophecyings were now put down.[312]

Though many will be of opinion that Parker took a statesmanlike view of

the interests of the church of England in discouraging these exercises,

they were generally regarded as so conducive to instruction that he

seems to have stood almost alone in his opposition to them. Sandys' name

appears to the above-mentioned letter of the council to Parkhurst. Cox,

also, was inclined to favour the prophecyings. And Grindal, who in 1575

succeeded Parker in the see of Canterbury, bore the whole brunt of the

queen's displeasure rather than obey her commands on this subject. He

conceived that, by establishing strict rules with respect to the

direction of those assemblies, the abuses which had already appeared of

disorderly debate, and attacks on the discipline of the church, might be

got rid of without entirely abolishing the exercise. The queen would

hear of no middle course, and insisted both that the prophecyings should

be discontinued, and that fewer licences for preaching should be

granted. For no parish priest could without a licence preach any

discourse except the regular homilies; and this was one of the points of

contention with the puritans. Grindal steadily refused to comply with

this injunction; and was in consequence sequestered from the exercise of

his jurisdiction for the space of about five years, till, on his making

a kind of submission, the sequestration was taken off not long before

his death. The queen, by circular letters to the bishops, commanded them

to put an end to the prophecyings, which were never afterwards

renewed.[313]

_Whitgift._--Whitgift, Bishop of Worcester, a person of a very opposite

disposition, was promoted, in 1583, to the primacy, on Grindal's

decease. He had distinguished himself some years before by an answer to

Cartwright's _Admonition_, written with much ability, but not falling

short of the work it undertook to confute in rudeness and asperity.[314]

It is seldom good policy to confer such eminent stations in the church

on the gladiators of theological controversy; who from vanity and

resentment, as well as the course of their studies, will always be prone

to exaggerate the importance of the disputes wherein they have been

engaged, and to turn whatever authority the laws or the influence of

their place may give them against their adversaries. This was fully

illustrated by the conduct of Archbishop Whitgift, whose elevation the

wisest of Elizabeth's counsellors had ample reason to regret. In a few

months after his promotion, he gave an earnest of the rigour he had

determined to adopt, by promulgating articles for the observance of

discipline. One of these prohibited all preaching, reading, or

catechising in private houses, whereto any not of the same family

should resort, "seeing the same was never permitted as lawful under any

christian magistrate." But that which excited the loudest complaints was

the subscription to three points, the queen's supremacy, the lawfulness

of the common prayer and ordination service, and the truth of the whole

thirty-nine articles, exacted from every minister of the church.[315]

These indeed were so far from novelties, that it might seem rather

supererogatory to demand them (if in fact the law required subscription

to all the articles); yet it is highly probable that many had hitherto

eluded the legal subscriptions, and that others had conceived their

scruples after having conformed to the prescribed order. The

archbishop's peremptory requisition passed, perhaps justly, for an

illegal stretch of power.[316] It encountered the resistance of men

pertinaciously attached to their own tenets, and ready to suffer the

privations of poverty rather than yield a simulated obedience. To suffer

however in silence has at no time been a virtue with our protestant

dissenters. The kingdom resounded with the clamour of those who were

suspended or deprived of their benefices, and of their numerous

abettors.[317] They appealed from the archbishop to the privy council.

The gentry of Kent and other countries strongly interposed in their

behalf. They had powerful friends at court, especially Knollys, who

wrote a warm letter to the archbishop.[318] But, secure of the queen's

support, who was now chiefly under the influence of Sir Christopher

Hatton, a decided enemy to the puritans, Whitgift relented not a jot of

his resolution, and went far greater lengths than Parker had ever

ventured, or perhaps had desired, to proceed.

_High commission court._--The Act of Supremacy, while it restored all

ecclesiastical jurisdiction to the Crown, empowered the queen to execute

it by commissioners appointed under the great seal, in such manner and

for such time as she should direct; whose power should extend to visit,

correct, and amend all heresies, schisms, abuses, and offences whatever,

which fall under the cognisance and are subject to the correction of

spiritual authority. Several temporary commissions had sat under this

act with continually augmented powers, before that appointed in 1583,

wherein the jurisdiction of this anomalous court almost reached its

zenith. It consisted of forty-four commissioners, twelve of whom were

bishops, many more privy-counsellors, and the rest either clergymen or

civilians. This commission, after reciting the acts of supremacy,

uniformity, and two others, directs them to inquire from time to time,

as well by the oaths of twelve good and lawful men, as by witnesses and

all other means they can devise, of all offences, contempts, or

misdemeanours done and committed contrary to the tenor of the said

several acts and statutes; and also to inquire of all heretical

opinions, seditious books, contempts, conspiracies, false rumours or

talk, slanderous words and sayings, etc., contrary to the aforesaid

laws. Power is given to any three commissioners, of whom one must be a

bishop, to punish all persons absent from church, according to the Act

of Uniformity, or to visit and reform heresies and schisms according to

law; to deprive all beneficed persons holding any doctrine contrary to

the thirty-nine articles; to punish incests, adulteries, and all

offences of the kind; to examine all suspected persons on their oaths,

and to punish all who should refuse to appear or to obey their orders,

by spiritual censure or by discretionary fine or imprisonment; to alter

and amend the statutes of colleges, cathedrals, schools, and other

foundations, and to tender the oath of supremacy according to the act of

parliament.[319]

Master of such tremendous machinery, the archbishop proceeded to call

into action one of its powers contained for the first time in the

present commission, by tendering what was technically styled the oath

_ex officio_, to such of the clergy as were surmised to harbour a spirit

of puritanical disaffection. This procedure, which was wholly founded on

the canon law, consisted in a series of interrogations, so comprehensive

as to embrace the whole scope of clerical uniformity, yet so precise and

minute as to leave no room for evasion, to which the suspected party was

bound to answer upon oath.[320] So repugnant was this to the rules of

our English law, and to the principles of natural equity, that no

species of ecclesiastical tyranny seems to have excited so much

indignation.

_Lord Burleigh averse to severity._--Lord Burleigh, who, though at first

rather friendly to Whitgift, was soon disgusted by his intolerant and

arbitrary behaviour, wrote in strong terms of remonstrance against these

articles of examination, as "so curiously penned, so full of branches

and circumstances, as he thought the inquisitors of Spain used not so

many questions to comprehend and to trap their preys." The primate

replied by alleging reasons in behalf of the mode of examination, but

very frivolous, and such as a man determined to persevere in an

unwarrantable course of action may commonly find.[321] They had little

effect on the calm and sagacious mind of the treasurer, who continued to

express his dissatisfaction, both individually and as one of the privy

council.[322] But the extensive jurisdiction improvidently granted to

the ecclesiastical commissioners, and which the queen was not at all

likely to recall, placed Whitgift beyond the control of the temporal

administration.

The Archbishop, however, did not stand alone in this impracticable

endeavour to overcome the stubborn sectaries by dint of hard usage.

Several other bishops were engaged in the same uncharitable

course;[323] but especially Aylmer of London, who has left a worse name

in this respect than any prelate of Elizabeth's reign.[324] The violence

of Aylmer's temper was not redeemed by many virtues; it is impossible to

exonerate his character from the imputations of covetousness and of

plundering the revenues of his see; faults very prevalent among the

bishops of that period. The privy council wrote sometimes to expostulate

with Aylmer, in a tone which could hardly have been employed towards a

man in his station who had not forfeited the general esteem. Thus, upon

occasion of one Benison, whom he had imprisoned without cause, we find a

letter signed by Burleigh, Leicester, Walsingham, and even Hatton,

besides several others, urging the bishop to give the man a sum of

money, since he would recover damages at law, which might hurt his

lordship's credit. Aylmer, however, who was of a stout disposition,

especially when his purse was interested, objected strongly to this

suggestion, offering rather to confer on Benison a small living, or to

let him take his action at law. The result does not appear; but probably

the bishop did not yield.[325] He had worse success in an information

laid against him for felling his woods, which ended not only in an

injunction, but a sharp reprimand from Cecil in the star-chamber.[326]

What Lord Burleigh thought of these proceedings may be seen in the

memorial to the queen on matters of religion and state, from which I

have, in the last chapter, made an extract to show the tolerance of his

disposition with respect to catholics. Protesting that he was not in the

least addicted to the preciser sort of preachers, he declares himself

"bold to think that the bishops, in these dangerous times, take a very

ill and unadvised course in driving them from their cures;" first,

because it must discredit the reputation of her majesty's power, when

foreign princes should perceive that even among her protestant subjects,

in whom consisted all her force, strength, and power, there was so great

a heart-burning and division; and secondly, "because," he says, "though

they were over squeamish and nice in their opinions, and more

scrupulous than they need; yet with their careful catechising and

diligent preaching, they bring forth that fruit which your most

excellent majesty is to desire and wish; namely, the lessening and

diminishing the papistical numbers."[327] But this great minister's

knowledge of the queen's temper, and excessive anxiety to retain her

favour, made him sometimes fearful to act according to his own judgment.

"It is well known," Lord Bacon says of him, in a treatise published in

1591, "that as to her majesty, there was never a counsellor of his

lordship's long continuance that was so appliable to her majesty's

princely resolutions, endeavouring always after faithful propositions

and remonstrances, and these in the best words and the most grateful

manner, to rest upon such conclusions as her majesty in her own wisdom

determineth, and them to execute to the best; so far hath he been from

contestation, or drawing her majesty into any of his own courses."[328]

Statesmen who betray this unfortunate infirmity of clinging too fondly

to power, become the slaves of the princes they serve. Burleigh used to

complain of the harshness with which the queen treated him.[329] And

though, more lucky than most of his class, he kept the white staff of

treasurer down to his death, he was reduced in his latter years to court

a rising favourite more submissively than became his own dignity.[330]

From such a disposition we could not expect any decided resistance to

those measures of severity towards the puritans which fell in so

entirely with Elizabeth's temper.

There is no middle course, in dealing with religious sectaries, between

the persecution that exterminates, and the toleration that satisfies.

They were wise in their generation, the Loaisas and Valdes of Spain, who

kindled the fires of the inquisition, and quenched the rising spirit of

protestantism in the blood of a Seso and a Cazalla. But sustained by the

favouring voice of his associates, and still more by that firm

persuasion which bigots never know how to appreciate in their

adversaries, a puritan minister set at nought the vexatious and arrogant

tribunal before which he was summoned. Exasperated, not overawed, the

sectaries threw off what little respect they had hitherto paid to the

hierarchy. They had learned, in the earlier controversies of the

reformation, the use, or, more truly, the abuse, of that powerful lever

of human bosoms, the press. He who in Saxony had sounded the first

trumpet-peal against the battlements of Rome, had often turned aside

from his graver labours to excite the rude passions of the populace by

low ribaldry and exaggerated invective; nor had the English reformers

ever scrupled to win proselytes by the same arts. What had been

accounted holy zeal in the mitred Bale and martyred Latimer, might plead

some apology from example in the aggrieved puritan. Pamphlets, chiefly

anonymous, were rapidly circulated throughout the kingdom, inveighing

against the prelacy. Of these libels the most famous went under the name

of Martin Mar-prelate, a vizored knight of those lists, behind whose

shield a host of sturdy puritans were supposed to fight. These were

printed at a movable press, shifted to different parts of the country as

the pursuit grew hot, and contained little serious argument, but the

unwarrantable invectives of angry men, who stuck at no calumny to

blacken their enemies.[331] If these insults upon authority are apt

sometimes to shock us even now, when long usage has rendered such

licentiousness of seditious and profligate libellers almost our daily

food, what must they have seemed in the reign of Elizabeth, when the

press had no acknowledged liberty, and while the accustomed tone in

addressing those in power was little better than servile adulation?

A law had been enacted some years before, levelled at the books

dispersed by the seminary priests, which rendered the publication of

seditious libels against the queen's government a capital felony.[332]

This act, by one of those strained constructions which the judges were

commonly ready to put upon any political crime, was brought to bear on

some of these puritanical writings. The authors of Martin Mar-prelate

could not be traced with certainty; but strong suspicions having fallen

on one Penry, a young Welshman, he was tried some time after for another

pamphlet, containing some sharp reflections on the queen herself, and

received sentence of death, which it was thought proper to carry into

execution.[333] Udal, a puritan minister, fell into the grasp of the

same statute for an alleged libel on the bishops, which had surely a

very indirect reference to the queen's administration. His trial, like

most other political trials of the age, disgraces the name of English

justice. It consisted mainly in a pitiful attempt by the court to entrap

him into a confession that the imputed libel was of his writing, as to

which their proof was deficient. Though he avoided this snare, the jury

did not fail to obey the directions they received to convict him. So far

from being concerned in Martin's writings, Udal professed his

disapprobation of them and his ignorance of the author. This sentence

appeared too iniquitous to be executed even in the eyes of Whitgift, who

interceded for his life; but he died of the effects of confinement.[334]

_Attempt to set up a Presbyterian system._--If the libellous pen of

Martin Mar-prelate was a thorn to the rulers of the church, they had

still more cause to take alarm at an overt measure of revolution which

the discontented party began to effect about the year 1590. They set up,

by common agreement, their own platform of government by synods and

classes; the former being a sort of general assemblies, the latter held

in particular shires or dioceses, agreeably to the presbyterian model

established in Scotland. In these meetings debates were had, and

determinations usually made, sufficiently unfavourable to the

established system. The ministers composing them subscribed to the

puritan book of discipline. These associations had been formed in

several counties, but chiefly in those of Northampton and Warwick, under

the direction of Cartwright, the legislator of their republic, who

possessed, by the Earl of Leicester's patronage, the mastership of a

hospital in the latter town.[335] It would be unjust to censure the

archbishop for interfering to protect the discipline of his church

against these innovators, had but the means adopted for that purpose

been more consonant to equity. Cartwright with several of his sect were

summoned before the ecclesiastical commission; where refusing to

inculpate themselves by taking the oath _ex officio_, they were

committed to the Fleet. This punishment not satisfying the rigid

churchmen, and the authority of the ecclesiastical commission being

incompetent to inflict any heavier judgment, it was thought fit the next

year to remove the proceedings into the court of star-chamber. The

judges, on being consulted, gave it as their opinion, that since far

less crimes had been punished by condemnation to the galleys or

perpetual banishment, the latter would be fittest for their offence. But

several of the council had more tender regards to sincere, though

intractable, men; and in the end they were admitted to bail upon a

promise to be quiet, after answering some interrogatories respecting the

queen's supremacy and other points, with civility and an evident wish to

avoid offence.[336] It may be observed that Cartwright explicitly

declared his disapprobation of the libels under the name of Martin

Mar-prelate.[337] Every political party, however honourable may be its

objects and character, is liable to be disgraced by the association of

such unscrupulous zealots. But, though it is an uncandid sophism to

charge the leaders with the excesses they profess to disapprove in their

followers, it must be confessed that few chiefs of faction have had the

virtue to condemn with sufficient energy the misrepresentations which

are intended for their benefit.

It was imputed to the puritan faction with more or less of truth, that,

not content with the subversion of episcopacy and of the whole

ecclesiastical polity established in the kingdom, they maintained

principles that would essentially affect its civil institutions. Their

denial indeed of the queen's supremacy, carried to such lengths as I

have shown above, might justly be considered as a derogation of her

temporal sovereignty. Many of them asserted the obligation of the

judicial law of Moses, at least in criminal cases; and deduced from this

the duty of putting idolaters (that is, papists), adulterers, witches

and demoniacs, sabbath-breakers, and several other classes of offenders,

to death.[338] They claimed to their ecclesiastical assemblies the right

of determining "all matters wherein breach of charity may be, and all

matters of doctrine and manners, so far as appertaineth to conscience."

They took away the temporal right of patronage to churches, leaving the

choice of ministers to general suffrage.[339] There are even passages in

Cartwright's Admonition, which intimate that the commonwealth ought to

be fashioned after the model of the church.[340] But these it would not

be candid to press against the more explicit declarations of all the

puritans in favour of a limited monarchy, though they grounded its

legitimacy on the republican principles of popular consent.[341] And

with respect to the former opinions, they appear to have been by no

means common to the whole puritan body; some of the deprived and

imprisoned ministers even acknowledging the queen's supremacy in as full

a manner as the law conferred it on her, and as she professed to claim

it.[342]

The pretensions advanced by the school of Cartwright did not seem the

less dangerous to those who cast their eyes upon what was passing in

Scotland, where they received a practical illustration. In that kingdom,

a form of polity very nearly conforming to the puritanical platform had

become established at the reformation of 1560; except that the office of

bishop or superintendent still continued, but with no paramount, far

less arbitrary dominion, and subject even to the provincial synod, much

more to the general assembly of the Scottish church. Even this very

limited episcopacy was abolished in 1592. The presbyterian clergy,

individually and collectively, displayed the intrepid, haughty, and

untractable spirit of the English puritans. Though Elizabeth had from

policy abetted the Scottish clergy in their attacks upon the civil

administration, this connection itself had probably given her such an

insight into their temper as well as their influence, that she must have

shuddered at the thought of seeing a republican assembly substituted for

those faithful satraps, her bishops, so ready to do her bidding, and so

patient under the hard usage she sometimes bestowed on them.

_House of Commons averse to episcopal authority._--These prelates did

not however obtain so much support from the House of Commons as from

their sovereign. In that assembly a determined band of puritans

frequently carried the victory against the courtiers. Every session

exhibited proofs of their dissatisfaction with the state of the church.

The Crown's influence would have been too weak without stretches of its

prerogative. The Commons in 1575 received a message forbidding them to

meddle with religious concerns. For five years afterwards the queen did

not convoke parliament, of which her dislike to their puritanical temper

might in all probability be the chief reason. But, when they met again

in 1580, the same topic of ecclesiastical grievances, which had by no

means abated during the interval, was revived. The Commons appointed a

committee, formed only of the principal officers of the Crown who sat in

the house, to confer with some of the bishops, according to the

irregular and imperfect course of parliamentary proceedings in that age,

"touching the griefs of this house for some things very requisite to be

reformed in the church, as the great number of unlearned and unable

ministers, the great abuse of excommunications for every matter of small

moment, the commutation of penances, and the great multitude of

dispensations and pluralities, and other things very hurtful to the

church."[343] The committee reported that they found some of the

bishops desirous of a remedy for the abuses they confessed, and of

joining in a petition for that purpose to her majesty; which had

accordingly been done, and a gracious answer, promising all convenient

reformation, by laying the blame of remissness upon some prelates, had

been received. This the house took with great thankfulness. It was

exactly the course which pleased Elizabeth, who had no regard for her

bishops, and a real anxiety that her ecclesiastical as well as temporal

government should be well administered, provided her subjects would

intrust the sole care of it to herself, or limit their interference to

modest petitioning.

A new parliament having been assembled, soon after Whitgift on his

elevation to the primacy had begun to enforce an universal conformity,

the lower house drew up a petition in sixteen articles, to which they

requested the Lords' concurrence, complaining of the oath _ex officio_,

the subscription to the three new articles, the abuses of

excommunication, licences for non-residence, and other ecclesiastical

grievances. The Lords replied coolly, that they conceived many of those

articles, which the Commons had proposed, to be unnecessary, and that

others of them were already provided for; and that the uniformity of the

common prayer, the use of which the Commons had requested to leave in

certain respects to the minister's discretion, had been established by

parliament. The two archbishops, Whitgift and Sandys, made a more

particular answer to each article of the petition, in the name of their

brethren.[344] But, in order to show some willingness towards

reformation, they proposed themselves in convocation a few regulations

for redress of abuses, none of which, however, on this occasion, though

they received the royal assent, were submitted to the legislature;[345]

the queen in fact maintaining an insuperable jealousy of all

intermeddling on the part of parliament with her exclusive supremacy

over the church. Excluded by Elizabeth's jealousy from entertaining

these religious innovations, which would probably have met no

unfavourable reception from a free parliament, the Commons vented their

ill-will towards the dominant hierarchy in complaints of ecclesiastical

grievances, and measures to redress them; as to which, even with the low

notions of parliamentary right prevailing at court, it was impossible to

deny their competence. Several bills were introduced this session of

1584-5 into the lower house, which, though they had little chance of

receiving the queen's assent, manifest the sense of that assembly, and

in all likelihood of their constituents. One of these imported that

bishops should be sworn in one of the courts of justice to do nothing in

their office contrary to the common law. Another went to restrain

pluralities, as to which the prelates would very reluctantly admit of

any limitation.[346] A bill of the same nature passed the Commons in

1589, though not without some opposition. The clergy took so great alarm

at this measure, that the convocation addressed the queen in vehement

language against it; and the archbishop throwing all the weight of his

advice and authority into the same scale, the bill expired in the upper

house.[347] A similar proposition in the session of 1601 seems to have

miscarried in the Commons.[348] In the next chapter will be found other

instances of the Commons' reforming temper in ecclesiastical concerns,

and the queen's determined assertion of her supremacy.

The oath _ex officio_, binding the taker to answer all questions that

should be put to him, inasmuch as it contravened the generous maxim of

English law that no one is obliged to criminate himself, provoked very

just animadversion. Morice, attorney of the court of wards, not only

attacked its legality with arguments of no slight force, but introduced

a bill to take it away. This was on the whole well received by the

house; and Sir Francis Knollys, the stanch enemy of episcopacy, though

in high office, spoke in its favour. But the queen put a stop to the

proceeding, and Morice lay some time in prison for his boldness. The

civilians, of whom several sat in the lower house, defended a mode of

procedure that had been borrowed from their own jurisprudence. This

revived the ancient animosity between them and the common lawyers. The

latter had always manifested a great jealousy of the spiritual

jurisdiction, and had early learned to restrain its exorbitances by

writs of prohibition from the temporal courts. Whitgift, as tenacious of

power as the most ambitious of his predecessors, murmured like them at

this subordination, for such it evidently was, to a lay tribunal.[349]

But the judges, who found as much gratification in exerting their power

as the bishops, paid little regard to the remonstrances of the latter.

We find the reports of this and the succeeding reign full of cases of

prohibition. Nor did other abuses imputed to these obnoxious judicatures

fail to provoke censure, such as the unreasonable fees of their

officers, and the usage of granting licences, and commuting penances for

money.[350] The ecclesiastical courts indeed have generally been

reckoned more dilatory, vexatious, and expensive than those of the

common law. But in the present age that part of their jurisdiction,

which, though coercive, is professedly spiritual, and wherein the

greatest abuses have been alleged to exist, has gone very much into

disuse. In matrimonial and testamentary causes, their course of

proceeding may not be open to any censure, so far as the essential

administration of justice is concerned; though in the latter of these, a

most inconvenient division of jurisdictions, following not only the

unequal boundaries of episcopal dioceses, but the various peculiars or

exempt districts which the church of England has continued to retain, is

productive of a good deal of trouble and needless expense.

_Independents liable to severe laws._--Notwithstanding the tendency

towards puritanism which the House of Commons generally displayed, the

court succeeded in procuring an act, which eventually pressed with very

great severity upon that class. This passed in 1593, and enacted the

penalty of imprisonment against any person above the age of sixteen, who

should forbear for the space of a month to repair to some church, until

he should make such open submission and declaration of conformity as the

act appoints. Those who refused to submit to these conditions were to

abjure the realm, and if they should return without the queen's licence,

to suffer death as felons.[351] As this, on the one hand, like so many

former statutes, helped to crush the unfortunate adherents to the Romish

faith, so too did it bear an obvious application to such protestant

sectaries as had professedly separated from the Anglican church. But it

is here worthy of remark, that the puritan ministers throughout this

reign disclaimed the imputation of schism, and acknowledged the

lawfulness of continuing in the established church, while they demanded

a further reformation of her discipline.[352] The real separatists, who

were also a numerous body, were denominated Brownists or Barrowists,

from the names of their founders, afterwards lost in the more general

appellation of Independents. These went far beyond the puritans in their

aversion to the legal ministry, and were deemed in consequence still

more proper subjects for persecution. Multitudes of them fled to Holland

from the rigour of the bishops in enforcing this statute.[353] But two

of this persuasion, Barrow and Greenwood, experienced a still severer

fate. They were indicted on that perilous law of the 23rd of the queen,

mentioned in the last chapter, for spreading seditious writings, and

executed at Bury. They died, Neal tells us, with such expressions of

piety and loyalty that Elizabeth regretted the consent she had given to

their deaths.[354]

_Hooker's "Ecclesiastical Polity." Its character._--But, while these

scenes of pride and persecution on one hand, and of sectarian insolence

on the other, were deforming the bosom of the English church, she found

a defender of her institutions in one who mingled in these vulgar

controversies like a knight of romance among caitiff brawlers, with arms

of finer temper and worthy to be proved in a nobler field. Richard

Hooker, master of the Temple, published the first four books of his

_Ecclesiastical Polity_ in 1594; the fifth three years afterwards; and

dying in 1600, left behind three which did not see the light till 1647.

This eminent work may justly be reckoned to mark an aera in our

literature. For if passages of much good sense and even of a vigorous

eloquence are scattered in several earlier writers in prose, yet none of

these, except perhaps Latimer and Ascham, and Sir Philip Sidney in his

_Arcadia_, can be said to have acquired enough reputation to be

generally known even by name, much less are read in the present day; and

it is indeed not a little remarkable that England, until near the end of

the sixteenth century, had given few proofs in literature of that

intellectual power which was about to develop itself with such

unmatchable energy in Shakspeare and Bacon. We cannot indeed place

Hooker (but whom dare we to place?) by the side of these master spirits;

yet he has abundant claims to be counted among the luminaries of English

literature. He not only opened the mine, but explored the depths, of our

native eloquence. So stately and graceful is the march of his periods,

so various the fall of his musical cadences upon the ear, so rich in

images, so condensed in sentences, so grave and noble his diction, so

little is there of vulgarity in his racy idiom, of pedantry in his

learned phrase, that I know not whether any later writer has more

admirably displayed the capacities of our language, or produced passages

more worthy of comparison with the splendid monuments of antiquity. If

we compare the first book of the _Ecclesiastical Polity_ with what bears

perhaps most resemblance to it of any thing extant, the treatise of

Cicero de Legibus, it will appear somewhat perhaps inferior, through the

imperfection of our language, which with all its force and dignity does

not equal the Latin in either of these qualities, and certainly more

tedious and diffuse in some of its reasonings, but by no means less

high-toned in sentiment, or less bright in fancy, and far more

comprehensive and profound in the foundations of its philosophy.

Constitutional History of England, Henry VII to George II. Volume 1 of 3 · 第 7 / 14 章