CHAPTER III

CHURCH AND STATE IN THE EIGHTEENTH CENTURY

I

The Revolution of 1688 drew its main source of strength from the

traditional dislike of Rome, and the eager desire to place the Church of

England beyond the reach of James' aggression. Yet it was not until a

generation had passed that the lines of ecclesiastical settlement were,

in any full sense clear. The difficulties involved were mostly

governmental, and it can hardly even yet be said that they have been

solved. The nature of the relation between Church and State, the

affiliation between the Church and Nonconformist bodies, the character

of its internal government--all these had still to be defined. Nor was

this all. The problem of definition was made more complex by schism and

disloyalty. An important fraction of the Church could not accept at all

the fact of William's kingship; and if the larger part submitted, it

cannot be said to have been enthusiastic.

Nor did the Church make easy the situation of the Nonconformists.

Toleration of some kind was rapidly becoming inevitable; and with a

Calvinist upon the throne persecution of, at any rate, the Presbyterians

became finally impossible. Yet the definition of what limits were to be

set to toleration was far from easy. The Church seemed like a fortress

beleaguered when Nonjurors, Deists, Nonconformists, all alike assaulted

her foundations. To loosen her hold upon political privilege seemed to

be akin to self-destruction. And, after all, if Church and State were to

stand in some connection, the former must have some benefit from the

alliance. Did such partnership imply exclusion from its privilege for

all who could not accept the special brand of religious doctrine? Locke,

at least, denied the assumption, and argued that since Churches are

voluntary societies, they cannot and ought not to have reciprocal

relation with the State. But Locke's theory was meat too strong for the

digestion of his time; and no statesman would then have argued that a

government could forego the advantage of religious support. And William,

after all, had come to free the church from her oppressor. Freedom

implied protection, and protection in that age involved establishment.

It was thus taken for granted by most members of the Church of England

that her adoption by the State meant her superiority to every other form

of religious organization. Superiority is, by its nature exclusive, the

more especially when it is united to a certainty of truth and a kinship

with the dominant political interest of the time. Long years were thus

to pass before the real meaning of the Toleration Act secured

translation into more generous statutes.

The problem of the Church's government was hardly less complex. The very

acerbity with which it was discussed proclaims that we are in an age of

settlement. Much of the dispute, indeed, is doubtless due to the dislike

of all High Churchmen for William; with their consequent unwillingness

to admit the full meaning of his ecclesiastical supremacy. Much also is

due to the fact that the bench of bishops, despite great figures like

Tillotson and Wake, was necessarily chosen for political aptitude rather

than for religious value. Nor did men like Burnet and Hoadly, for all

their learning, make easy the path for brethren of more tender

consciences. The Church, moreover, must have felt its powers the more

valuable from the very strength of the assault to which she was

subjected. And the direct interference with her governance implied by

the Oaths of Allegiance and of Abjuration raised questions we have not

yet solved. It suggested the subordination of Church to State; and men

like Hickes and Leslie were quick to point out the Erastianism of the

age. It is a fact inevitable in the situation of the English Church that

the charge of subjection to the State should rouse a deep and quick

resentment. She cannot be a church unless she is a _societas perfecta_;

she cannot have within herself the elements of perfect fellowship if

what seem the plain commands of Christ are to be at the mercy of the

king in Parliament. That is the difficulty which lies at the bottom of

the debate with Wake in one age and with Hoadly in the next. In some

sort, it is the problem of sovereignty that is here at issue; and it is

in this sense that the problems of the Revolution are linked with the

Oxford Movement. But Newman and his followers are the unconscious

sponsors of a debate which grows in volume; and to discuss the thoughts

of Wake and Hoadly and Law is thus, in a vital aspect, the study of

contemporary ideas.

We are not here concerned with the wisdom of those of William's advisers

who exacted an oath of allegiance from the clergy. It raised in acute

form the validity of a doctrine which had, for more than a century, been

the main foundation of the alliance between throne and altar in England.

The demand precipitated a schism which lingered on, though fitfully,

until the threshold of the nineteenth century. The men who could not

take the oath were, many of them, among the most distinguished churchmen

of the time. Great ecclesiastics like Sancroft, the archbishop of

Canterbury and one of the seven who had gained immortality by his

resistance to James, saints like Ken, the bishop of Bath and Wells,

scholars like George Hickes and Henry Dodwell, men like Charles Leslie,

born with a genius for recrimination; much, it is clear, of what was

best in the Church of England was to be found amongst them. There is not

a little of beauty, and much of pathos in their history. Most, after

their deprivation, were condemned to poverty; few of them recanted. The

lives of men like Sancroft and Ken and the younger Ambrose Bonwicke are

part of the great Anglican tradition of earnest simplicity which later

John Keble was to illustrate for the nineteenth century. The Nonjurors,

as they were called, were not free from bitterness; and the history of

their effort, after the consecration of Hilkiah Bedford and Ralph

Taylor, to perpetuate the schism is a lamentable one. Not, indeed, that

the history even of their decline is without its interest; and the

study, alike of their liturgy and their attempt at reunion with the

Eastern Church, must always possess a singular interest for students of

ecclesiastical history.

Yet the real interest of the Nonjuring schism was political rather than

religious; and its roots go out to vital events of the past. At the

bottom it is the obverse side of the Divine Right of kings that they

represent. That theory, which was the main weapon of the early secular

state against the pretensions of Rome, must naturally have commanded the

allegiance of members of a church which James I, its main exponent, had

declared of vital import to his very existence. Its main opponents,

moreover, were Catholics and Dissenters; so that men like Andrewes must

have felt that when they answered Bellarmine they were in substance also

defenders of their Church. After the great controversy of James I's

reign resistance as a duty had come to be regarded as a main element in

Jesuit and Nonconformist teaching; with the result that its antithesis

became, as a consequence of the political situation, no less integral a

part of Church of England doctrine. For it was upon the monarchy that

the Church had come to depend for its existence; and if resistance to

the king were made, as Knox and Bellarmine had in substance made it, the

main weapon of the dissenting churches there was little hope that it

would continue to exist once the monarchy was overthrown. And it is

this, unquestionably, which explains why stout ecclesiastics like Barrow

and Jackson can write in what seems so Erastian a temper. When they urge

the sovereignty of the State, their thesis is in truth the sovereignty

of the Church; and that means the triumph of men who looked with

contemptuous hatred upon Nonconformists of every sect. The Church of

England taught non-resistance as the condition of its own survival.

How deep-rooted this doctrine had become in the course of the

seventeenth century the writings of men like Mainwaring and Sanderson

sufficiently show; yet nothing so completely demonstrates its widespread

acceptance as the result of the Revolution. Four hundred clergy

abandoned their preferment because James ruled by Divine Right; and they

could not in conscience resist even his iniquities. An able tract of

1689[10] had collected much material to show how integral the doctrine

was to the beliefs of the Church. Had William's government, indeed,

refrained from the imposition of the oath, it is possible that there

might have been no schism at all; for the early Nonjurors at

least--perhaps Hickes and Turner are exceptions--would probably have

welcomed anything which enabled the avoidance of schism. Once, however,

the oath was imposed three vital questions were raised. Deprivation

obviously involved the problem of the power of the State over the

Church. If the act of a convention whose own legality was at best

doubtful could deprive the consecrated of their position, was the Church

a Church at all, or was it the mere creature of the secular power? And

what, moreover, of conscience? It could not be an inherent part of the

Church's belief that men should betray their faith for the sake of

peace. Later thinkers added the purely secular argument that resistance

in one case made for resistance in all. Admit, it was argued by Leslie,

the right to disobey, and the fabric of society is at a stroke

dissolved. The attitude is characteristic of that able controversialist;

and it shows how hardly the earlier notions of Divine Right were to

die.

[Footnote 10: _The History of Passive Obedience_. Its author was

Jeremy Collier.]

These theories merit a further examination. Williams, later the Bishop

of Chichester, had argued that separation on the basis of the oath was

unreasonable. "All that the civil power here pretends to," he wrote "is

to secure itself against the practices of dissatisfied persons." The

Nonjurors, in this view, were making an ecclesiastical matter of a

purely secular issue. He was answered, among others, by Samuel Grascom,

in an argument which found high favor among the stricter of his sect.

"The matter and substance of these Oaths," he said, "is put into the

prayers of the Church, and so far it becomes a matter of communion. What

people are enjoined in the solemn worship to pray for, is made a matter

of communion; and if it be simple, will not only justify, but require a

separation." Here is the pith of the matter. For if the form and

substance of Church affairs is thus to be left to governmental will,

then those who obey have left the Church and it is the faithful remnant

only who constitute the true fellowship. The schism, in this view, was

the fault of those who remained subject to William's dominion. The

Nonjurors had not changed; and they were preserving the Church in its

integrity from men who strove to betray it to the civil power.

This matter of integrity is important. The glamour of Macaulay has

somewhat softened the situation of those who took the oaths; and in his

pages the Nonjurors appear as stupid men unworthily defending a dead

cause. It is worth while to note that this is the merest travesty.

Tillotson, who succeeded Sancroft on the latter's deprivation, and

Burnet himself had urged passive resistance upon Lord William Russell as

essential to salvation; Tenison had done likewise at the execution of

Monmouth. Stillingfleet, Patrick, White Kennett, had all written in its

favor; and to William Sherlock belongs the privilege of having defended

and attacked it in two pamphlets each of which challenges the pithy

brilliance of the other. Clearly, so far as consistency is in question,

the Nonjurors might with justice contend that they had right on their

side. And even if it is said that the policy of James introduced a new

situation the answer surely is that Divine Right and non-resistance can,

by their very nature, make no allowance for novelty.

The root, then, of this ecclesiastical contention is the argument later

advanced by Leslie in his "Case of the Regale and the Pontificate" in

which he summarized the Convocation dispute. The State, he argues, has

no power over bishops whose relationship to their flock is purely

spiritual and derived from Christ. The Church is independent of all

civil institution, and must have therefore within herself the powers

necessary to her life as a society. Leslie repudiates Erastianism in the

strongest terms. Not only is it, for him, an encroachment upon the

rights of Christ, but it leads to deism in the gentry and to dissent

among the common people. The Church of England comes to be regarded as

no more than the creature of Parliamentary enactment; and thus to leave

it as the creature of human votes, is to destroy its divinity.

It is easy enough to see that men who felt in this fashion could hardly

have decided otherwise than as they did. The matter of conscience,

indeed, was fundamental to their position. "I think," said the Bishop of

Worcester on his death-bed, "I could suffer at a stake rather than take

this oath." That, indeed, represents the general temper. Many of them

did not doubt that James had done grievous wrong; but they had taken the

oath of allegiance to him, and they saw in their conscience no means of

escape from their vow. "Their Majesties," writes the author of the

account of Bishop Lake's death, "are the two persons in the world whose

reign over them, their interest and inclination oblige them most to

desire, and nothing but conscience could restrain them from being as

forward as any in all expressions of loyalty." In such an aspect, even

those who believe their attitude to have been wrong, can hardly doubt

that they acted rightly in their expression of it. For, after all,

experience has shown that the State is built upon the consciences of

men. And the protest they made stands out in the next generation in

vivid contrast to a worldly-minded and politically-corrupt Church which

only internal revolution could awaken from its slumbers.

No one represents so admirably as Charles Leslie the political argument

of the case. At bottom it is an argument against anarchy that he

constructs, and much of what he said is medieval enough in tone to

suggest de Maistre's great defence of papalism as the secret of

world-order. He stands four square upon divine right and passive

obedience. "What man is he who can by his own natural authority bend the

conscience of another? That would be far more than the power of life,

liberty or prosperity. Therefore they saw the necessity of a divine

original." Such a foundation, he argued elsewhere, is necessary to

order, for "if the last resort be in the people, there is no end of

controversy at all, but endless and unremediable confusion." Nor had he

sympathy for the Whig attack on monarchy. "The reasons against Kings,"

he wrote, "are as strong against all powers, for men of any titles are

subject to err, and numbers more than fewer." And nothing can unloose

the chain. "Obedience," he said in the _Best of All_, "is due to

commonwealths by their subjects even for conscience' sake, where the

princes from whom they have revolted have given up their claim."

The argument has a wider history than its controversial statement might

seem to warrant. At bottom, clearly enough, it is an attack upon the new

tradition which Locke had brought into being. What seems to impress it

most is the impossibility of founding society upon other than a divine

origin. Anything less will not command the assent of men sufficiently to

be immune from their evil passions. Let their minds but once turn to

resistance, and the bonds of social order will be broken. Complete

submission is the only safeguard against anarchy. So, a century later,

de Maistre could argue that unless the whole world became the subject of

Rome, the complete dissolution of Christian society must follow. So,

too, fifty years before, Hobbes had argued for an absolute dominion lest

the ambitions and desires of men break through the fragile boundaries of

the social estate.

The answer is clear enough; and, indeed, the case against the Nonjurors

is nowhere so strong as on its political side. Men cannot be confined

within the limits of so narrow a logic. They will not, with Bishop Ken,

rejoice in suffering as a doctrine of the Cross. Rather will oppression

in its turn arouse a sense of wrong and that be parent of a conscience

which provokes to action. Here was the root of Locke's doctrine of

consent; for unless the government, as Hume was later to point out, has

on its side the opinion of men, it cannot hope to endure. The fall of

James was caused, not as the Nonjurors were tempted to think, by popular

disregard of Divine personality, but by his own misunderstanding of the

limits to which misgovernment may go. Here their opponents had a

strong case to present; for, as Stillingfleet remarked, if William had

not come over there might have been no Church of England for the

Nonjurors to preserve. And other ingenious compromises were suggested.

Non-resistance, it was argued by Sherlock, applied to government in

general; and the oath, as a passage in the _Convocation Book_ of Overall

seemed to suggest, might be taken not less to a _de facto_ monarch than

to one _de jure_. Few, indeed would have taken the ground of Bishop

Burnet, and allotted the throne to William and Mary as conquerors of

the Kingdom; at least the pamphlet in which this uncomfortable doctrine

was put forward the House of Commons had burned by the common hangman.

What really defeated the Nonjurors' claims was commonsense. Much the

ablest attack upon their position was Stillingfleet's defence of the

policy employed in filling up the sees vacated by deprivation; and it is

remarkable that the theory he employs is to insist that unless the

lawfulness of what had been done is admitted, the Nonjuror's position is

inevitable. "If it be unlawful to succeed a deprived bishop," he

wrote,[11] "then he is the bishop of the diocese still: and then the law

that deprives him is no law, and consequently the king and Parliament

that made that law no king and Parliament: and how can this be

reconciled with the Oath of Allegiance, unless the Doctor can swear

allegiance to him who is no King and hath no authority to govern." All

this the Nonjurors would have admitted, and the mere fact that it could

be used as argument against them is proof that they were out of touch

with the national temper. What they wanted was a legal revolution which

is in the nature of things impossible. We may regret that the oath was

deemed essential, and feel that it might not have been so stoutly

pressed. But the leaders of a revolution "tread a path of fire"; and the

fault lay less at the door of the civil government than in the fact that

this was an age when men acted on their principles. William and his

advisers, with the condition of Ireland and Scotland a cause for

agitation, with France hostile, with treason and plot not absent from

the episcopate itself, had no easy task; what, in the temper of the

time, gives most cause for consideration, is the moderate spirit in

which they accomplished it.

[Footnote 11: _A Vindication of their Majesties' Authority to fill

the Sees of the Deprived Bishops_ (1691).]

III

The Nonjuring schism was by no means the only difficulty which the

Church of England had to confront in these troubled years. The

definition of her relationship with State and nation, if at the moment

it aroused less bitterness, was in the long run more intricate in its

nature. That some sort of toleration was inevitable few, save a group of

prejudiced irreconcilables, would have denied. But greater things were

in the air, and there were still many who dreamed of a grand scheme of

Comprehension, by which all save the more extreme Dissenters would have

been admitted to the Church. It is this which explains the acrimonious

debates of the next two years. The hatred of the Church for dissent can

only be understood by those who study with care the insults heaped upon

her by the sectaries during the Civil Wars. That men who had striven for

her dissolution should be admitted to her privileges seemed to Churchmen

as tragic as ironical. Nor must we miss the political aspect of the

matter. William had received an eager, if natural, support from

Nonconformists; and since the vast majority of them was Whig in temper,

the greater the degree of toleration, the greater likelihood there was

of an attack upon the Church. Exclusion thus became a fundamental

article of the Tory creed; and it was the more valued because it

enabled them to strike at their opponents through an institution which

at the trial of Sacheverell, in 1710, still showed an overwhelming hold

upon the mass of the people.

The attitude of mind herein implied is in large part the reaction from

the Erastian temper of the government. Under William, that temper is

intelligible enough; for unless he held the Church in strict control, he

must have felt that he was giving a large handle to his enemies. Under

Anne, the essence of the situation remained unchanged, even though her

eager sympathy with the Church was beyond all question. William had

relieved Nonconformists from the burden of penal statute; the Occasional

Conformity Act of 1713 broadly continued the exclusion of all save the

more yielding of them from political office. When the Hanoverians

succeeded they were willing to repeal its more rigid intolerance; but

the Test Act remained as evidence that the Dissenters were not yet

regarded as in a full sense part of the national life.

The reasons for the hatred of dissent go back in part to the Civil War

and in part also to the feeling of common ground between the dissenting

interest and Rome which was born of the struggle under Elizabeth and

James. The pamphlets are innumerable; and most of them deserve the

complete obliquity into which they have fallen. We are told, in the

eighteenth as in the seventeenth century, that the Presbyterian theory

of government is inconsistent with the existence of the civil power.

"They claim," said Leslie, "power to abrogate the laws of the land

touching ecclesiastical matters, if they judge them hurtful or

unprofitable... They require the civil magistrate to be subject to their

power." Of Knox or Cartwright this is no unfair account; but of the

later Presbyterians it is the merest travesty. It supposes that they

would be willing to push to the utmost limit the implications of the

theory of the two kingdoms--a supposition which their passive submission

to the Act of 1712 restoring lay patronage decisively refutes. Bramhall

had no doubt that their discipline was "the very quintessence of refined

popery," and the argument is repeated by a hundred less learned

pamphleteers. Neither the grim irony of Defoe nor the proven facts of

the case could wean either the majority of Churchmen or the masses of

the people from the belief that the Revolution endangered the very

existence of the Church and that concession would be fatal. So stoutly

did the Church resist it that the accession of George I alone, in

Lecky's view, prevented the repeal of the Toleration Act and the

destruction of the political benefits of the Revolution.

But nowhere was the temper of the time more clearly displayed than in

the disputes over Convocation. To William's advisers, perhaps, more than

to the Church itself their precipitation is due; for had they not, at

the outset of the reign, suggested large changes in the liturgy

suspicions then aroused might well have slumbered. As it was, the

question of the royal supremacy immediately came into view and the

clergy spared no effort to meet the issue so raised. And this they felt

the more bitterly because the upper house of Convocation, two-thirds of

which were William's nominees, naturally inclined to his side. Both

under William and Anne the dispute continued, and the lower clergy

shrank from no opportunity of conflict. They fought the king, the

archbishop, the upper house. They attacked the writings of Toland and

Burnet, the latter's book since recognized as one of the great treasures

of Anglican literature. In the main, of course, the struggle was part of

the perennial conflict between High Church doctrine and

latitudinarianism. But that was only a fragment of the issue. What

really was in question was the nature of the State's power over the

Church. That could be left unanswered so long, as with James I and

Charles, the two powers had but a single thought. The situation changed

only when State and Church had different policies to fulfil and

different means for their attainment.

The controversy had begun on the threshold of William's accession; but

its real commencement dates from 1697. In that year was published the

_Letter to a Convocation Man_, probably written by Sir Bartholomew

Shower, an able if unscrupulous Jacobite lawyer, which maliciously,

though with abounding skill, raised every question that peaceful

churchmen must have been anxious to avoid. The _Letter_ pointed out the

growth of infidelity and the increasing suspicion that the Church was

becoming tainted with Socinian doctrine. Only the assembly of

Convocation could arrest these evils. The author did not deny that the

king's assent was necessary to its summons. But he argued that once the

Convocation had met, it could, like Parliament, debate all questions

relevant to its purpose. "The one of these courts," said Shower, "is of

the same power and use with regard to the Church as the other is in

respect to the State," and he insisted that the writ of summons could

not at any point confine debate. And since the Convocation was an

ecclesiastical Parliament, it followed that it could legislate and thus

make any canons "provided they do not impugn common law, statutes,

customs or prerogative." "To confer, debate and resolve," said Shower,

"without the king's license, is at common law the undoubted right of

convocation."

Here was a clear challenge which was at once answered, in _The Authority

of Christian Princes_, by William Wake, who was by far the most learned

of the latitudinarian clergy, and the successor of Tenison in the see of

Canterbury. His argument was purely historical. He endeavored to show

that the right to summon ecclesiastical synods was always the

prerogative of the early Christian princes until the aggression of the

popes had won church independence. The Reformation resumed the primitive

practice; and the Act of Submission of 1532 had made it legally

impossible for the clergy to discuss ecclesiastical matters without

royal permission. Historically, the argument of Wake was irrefutable;

but what mostly impressed the Church was the uncompromising Erastianism

of his tone. Princes, he said, "may make what laws or constitutions they

think fit for the Church.... a canon is but as matter prepared for the

royal stamp." In this view, obviously, the Church is more than a

department of the State. But Wake went even farther, "I cannot see why

the Supreme Magistrate," he wrote, "who confessedly has a power to

confirm or reject their (Convocation's) decrees, may not also make such

other use of them as he pleases, and correct, improve, or otherwise

alter their resolutions, according to his own liking, before he gives

his authority to them."

So defined no Church could claim in any true sense the headship of

Christ; for it was clearly left at the mercy of the governmental view of

expedient conduct. Wake's answer aroused a sensation almost as acute as

the original _Letter_ of Shower. But by far the ablest criticism it

provoked was that of Francis Atterbury, then a young student of Christ

Church and on the threshold of his turbulent career. His _Rights, Powers

and Privileges of an English Convocation Stated and Vindicated_ not only

showed a masterly historic sense in its effort to traverse the

unanswerable induction of Wake, but challenged his position more

securely on the ground of right. The historical argument, indeed, was

not a safe position for the Church, and Wake's rejoinder in his _State

of the Church_ (1703) is generally conceded to have proved his point, so

far as the claim of prescription is concerned. But when Atterbury moves

to the deeper problem of what is involved in the nature of a church, he

has a powerful plea to make. It is unnecessary now to deal with his

contention that Wake's defence of the Royal Supremacy undermines the

rights of Parliament; for Wake could clearly reply that the seat of that

power had changed with the advent of the Revolution. Where the avoidance

of sympathy is difficult is in his insistence that no Church can live

without an assembly to debate its problems, and that no assembly can be

real which is subject to external control. "Their body," as he remarks,

"will be useless to the State and by consequence contemptible"; for its

opinions will not be born of that free deliberation which can alone

ensure respect. Like all High Churchmen, Atterbury has a clear sense

that Church and State can no longer be equated, and he is anxious to

preserve the personality of the Church from the invasions of an alien

body. To be real, it must be independent, and to be independent, it must

have organs of self-expression. But neither William nor Anne could

afford to forego the political capital involved in ecclesiastical

control and Erastian principles proceeded to their triumph.

Here, as elsewhere, it was Charles Leslie who best summed up the

feeling of High Churchmen. His _Case of the Regale_ (1701) is by far the

ablest of his many able performances. He saw at the outset that the real

issue was defined by the Church's claim to be a divine society, with

rights thus consecrated by the conditions of its origin. If it was

divine, invasion did not touch its _de jure_ rights. "How," he asked,

"can rights that are divine be given up? If they are divine, no human

authority can either supersede or limit them.... How can rights that are

inherent be given up? If they are inherent, they are inseparable. The

right to meet, to consult, to make rules or canons for the regulation of

the society, is essential to every society as such ... can she then part

with what is essential to her?" Nor could it be denied that "where the

choice of the governors of one society is in the hands of another

society, that society must be dependent and subject to the other." The

Church, in the Latitudinarian view was thus either the creature of the

state or an _imperium in imperio_; but Leslie would not admit that

fruitful stumbling block to the debate. "The sacred and civil powers

were like two parallel lines which could never meet or interfere ... the

confusion arises ... when the civil power will take upon them to control

or give laws to the Church, in the exercise of her spiritual authority."

He did not doubt that the Church should give securities for its loyalty

to the king, and renounce any effort at the coercion of the civil

magistrate. But the Church was entitled to a similar privilege, and

kings should not "have their beneficence and protection to the Church of

Christ understood as a bribe to her, to betray and deliver up into their

hands the powers committed into her charge by Christ." Nor did he fail

to point out the suicidal nature of Erastianism. For the church's hold

upon men is dependent upon their faith in the independence of her

principles. "When they see bishops," he wrote wisely, "made by the

Court, they are apt to imagine that they speak to them the court

language; and lay no further stress upon it than the charge of a judge

at an assizes, who has received his instructions beforehand from the

Court; and by this means the state has lost the greatest security of her

government."

The argument is powerful enough; though it should be noted that some of

its implications remain undetermined. Leslie does not say how the

spheres of Church and State are to be differentiated. He does not

explain the methods whereby an establishment is to be made compatible

with freedom. For it is obvious that the partnership of Church and State

must be upon conditions; and once the State had permitted the existence

of creeds other than that of its official adoption, it could not

maintain the exclusive power for which the Church contended. And when

the Church not only complained of State-betrayal, but attempted the use

of political means to enforce remedial measures it was inevitable that

statesmen would use the weapons ready to their hand to coerce it to

their will. The real remedy for the High Churchmen was not exclusiveness

but disestablishment.

That this is the meaning of the struggle did not appear until the reign

of George I. What is known as the Bangorian controversy was due to the

posthumous publication, in 1716, of the papers of George Hickes, the

most celebrated of the Nonjurors in his generation. The papers are of

no special import; but taken in connection with the Jacobite rising of

1715 they seemed to imply a new attack upon the Revolution settlement.

So, at least, they were interpreted by Benjamin Hoadly, then Bishop of

Bangor, and a stout upholder of the Latitudinarian school. The conflict

today has turned to dust and ashes; and few who read the multitude of

pamphlets it evoked, or stand amazed at their personal bitterness, can

understand why more than a hundred writers should have thought it

necessary to inform the world of their opinions, or why the London Stock

Exchange should have felt so passionate an interest in the debate as to

cease for a day the hubbub of its transactions. Nor can any one make

heroes from the personalities of its protagonists. Hoadly himself was a

typical bishop of the political school, who rose from humble

circumstances to the wealthy bishopric of Winchester through a

remarkable series of translations. Before the debate of 1716, he was

chiefly known by two political tracts in which he had rewritten, in less

cogent form, and without adequate acknowledgment, the two treatises of

Locke. He clearly realized how worthless the dogma of Divine Right had

become, without being certain of the principles by which it was to be

replaced. Probably, as Leslie Stephen has pointed out, his theorizing is

the result of a cloudy sense of the bearing of the Deist controversy. If

God is to be banished from direct connection with earthly affairs, we

must seek a human explanation of political facts. And he became

convinced that this attitude applies not less completely to

ecclesiastical than to secular politics. Of his opponents, by far the

ablest was William Law, the only theologian whom Gibbon may be said to

have respected, and the parent, through his mystical writings, of the

Wesleyan movement. Snape, then Provost of Eton, was always incisive; and

his pamphlet went through seventeen editions in a single year and

provoked seven replies within three months. Thomas Sherlock would not be

either himself or his father's son, were he not caustic, logical and

direct. But Hoadly and Law between them exhaust the controversy, so far

as it has meaning for our own day. The less essential questions like

Hoadly's choice of friends, his attitude to prayer, the accuracy of the

details in his account of the Test Act, the cause of his refusal to

answer Law directly, are hardly now germane to the substance of the

debate. Hoadly's position is most fully stated in his _Preservative

against the Principles and Practice of Nonjurors_ which he published in

1716 as a counterblast to the papers of Hickes; and they are briefly

summarized in the sermon preached before the King on March 31, 1717, on

the text "My Kingdom is not of this world," and published by royal

command. Amid a vast wilderness of quibbles and qualifications, some

simple points emerge. What he was doing was to deprive the priesthood of

claims to supernatural authority that he might vindicate for civil

government the right to preserve itself not less against persons in

ecclesiastical office than against civil assailants. To do so he is

forced to deny that the miraculous powers of Christ and the Apostles

descended to their successors. For if that assumption is made we grant

to fallible men privileges which confessedly belong to persons outside

the category of fallibility. And, exactly in the fashion of Leslie in

the _Regale_ he goes on to show that if a Church is a supernatural

institution, it cannot surrender one jot or tittle of its prerogative.

It is, in fact, an _imperium in imperio_ and its conflict with the state

is inevitable. But if the Church is not a supernatural institution, what

is its nature? Hoadly here attacks the doctrine which lies at the basis

of all ecclesiastical debate. The Church, he claims, is not a visible

society, presided over by men who have authority directly transmitted by

Christ. There are not within it "viceregents who can be said properly to

supply his place; no interpreters upon whom his subjects are absolutely

to depend; no judges over the conscience or religion of his people. For

if this were so that any such absolute viceregent authority, either for

the making of new laws, or interpreting old ones, or judging his

subjects, in religious matters, were lodged in any men upon earth, the

consequence would be that what still retains the name of the Church of

Christ would not be the kingdom of Christ, but the kingdom of those men

invested with such authority. For whoever hath such an authority of

making laws is so far a king, and whoever can add new laws to those of

Christ, equally obligatory, is as truly a king as Christ himself. Nay,

whosoever hath an absolute authority to interpret any written or spoken

laws, it is he who is truly the lawgiver to all intents and purposes,

and not the person who first wrote and spoke them."

The meaning is clear enough. What Hoadly is attacking is the theory of a

visible Church of Christ on earth, with the immense superstructure of

miracle and infallibility erected thereon. The true Church of Christ is

in heaven; and the members of the earthly society can but try in a

human, blundering way, to act with decency and justice. Apostolic

succession, the power of excommunication, the dealing out of forgiveness

for men's sins, the determination of true doctrine, insofar as the

Church claims these powers, it is usurping an authority that is not its

own. The relation of man to God is his private affair, and God will ask

from him sincerity and honesty, rather than judge him for his

possession of some special set of dogmas. Clearly, therefore, if the

Church is no more than this, it has no supernatural pretensions to

oppose to the human claims of the State. And since the State must have

within itself all the means of sufficient life, it has the right to

resist the ecclesiastical onslaught as based upon the usurpation of

power assumed without right. And in later treatises Hoadly did for

ceremonial exactly what he had done for church government. The eucharist

became a piece of symbolism and excommunication nothing more than an

announcement--"a mere external thing"--that the rules of the fellowship

have been broken. It at no point is related to the sinner's opportunity

of salvation.

In such an aspect, it would clearly follow that the Church has no

monopoly of truth. It can, indeed, judge its own beliefs; but reason

alone can demonstrate the inadequacy of other attitudes. Nor does its

judgment preclude the individual duty to examine into the truth of

things. The real root of faith is not the possession of an infallible

dogma, but the arriving honestly at the dogma in which you happen to

believe. For the magistrate, he urges, what is important is not the

table of your springs of action, but the conduct itself which is based

upon that table; from which it follows that things like the Test and

Corporation Acts have no real political validity. They have been imposed

upon the State by the narrow interpretations of an usurping power; and

the Nonconformist claim to citizenship would thus seem as valid as that

of a member of the Church of England.

All this sounds sensible enough; though it is curious doctrine in the

mouth of a bishop of that church. And this, in fact, is the

starting-point of Law's analysis of Hoadly. No one who reads the

unsparing vigor of his criticism can doubt that Law must have been

thoroughly happy in the composition of his defence; and, indeed, his is

the only contribution to the debate which may claim a permanent place in

political literature. In one sense, indeed, the whole of Law's answer is

an _ignoratio elenchi_, for he assumes the truth of that which Hoadly

sets out to examine, with the inevitable result that each writer is, for

the most part, arguing from different premises. But on the assumption

that Hoadly is a Christian, Law's argument is an attack of great power.

He shows conclusively that if the Church of England is no more than

Hoadly imagines it to be, it cannot, in any proper historic sense, be

called the Church of England at all. For every one of the institutions

which Hoadly calls an usurpation, is believed by Churchmen to be

integral to its nature. And if sincerity alone is to count as the test,

then there cannot, for the existing world, be any such thing as

objective religious truth. It subverted not merely absolute

authority--which the Church of England did not claim--but any authority

in the Church. It impugned the authority of the Crown to enforce

religious belief by civil penalties. Hoadly's rejection of authority,

moreover, is in Law's view fatal to government of any kind. For all

lawful authority must affect eternal salvation insofar as to disobey it

is to sin. The authority the Church possesses is inherent in the very

nature of the Church; for the obligation to a belief in Christianity is

the same thing as to a belief in that Church which can be shown to

represent Christ's teaching.

From Law's own point of view, the logic of his position is undeniable;

and in his third letter to Hoadly, the real heart of his attack, he

touches the centre of the latter's argument. For if it is sincerity

which is alone important it would follow that things false and wrong are

as acceptable to God as things true and right, which is patently absurd.

Nor has Hoadly given us means for the detection of sincerity. He seemed

to think that anyone was sincere who so thought himself; but, says Law,

"it is also possible and as likely for a man to be mistaken in those

things which constitute true sincerity as in those things which

constitute true religion." Clearly, sincerity cannot be the pith of the

matter; for it may be mistaken and directed to wrong ends. The State, in

fact, may respect conscience, but Hoadly is no more entitled to assume

the infallibility of private belief than he is to deny the infallibility

of the Church's teaching. That way lies anarchy.

Here, indeed, the antagonists were on common ground. Both had denied the

absolute character of any authority; but while Hoadly virtually

postulates a Church which logically is no more than those who accept

the moral law as Christ described it, Law restricts the Church to that

society which bears the traditional marks of the historic institution.

On Hoadly's principles, there was no reason why anyone not hostile to

the civil power should not enjoy political privilege; on Law's there was

every reason simply because those who denied the doctrines of the High

Church refused a truth open for their acceptance. Law, indeed, goes so

far as to argue that in the light of his principles Hoadly should be a

Deist; and there is ground for what, in that age, was a valuable point

to make. The sum total of it all is that for the bishop the outward

actions of men alone concern the State; while Law insists that the root

of action and the test of fitness is whether men have seen a certain

aspect of the truth and grasped it.

The result, to say the least, was calamitous. In May of 1717,

convocation met and the Lower House immediately adopted an unanimous

report condemning the "Preservative" and the sermon. But Hoadly had the

government behind him and the convocation was prorogued before further

action could be taken. Snape, Hare, Mosse and Sherlock, all of whom were

chaplains royal, and had been drawn into the conflict, were dismissed

from their office; and for more than one hundred and thirty-five years

convocation was not again summoned. It was a striking triumph for

Erastianism, though the more liberal principles of Hoadly were less

successful. Robert Walpole was on the threshold of his power, and, as a

manager of Sacheverell's impeachment, he had seen the hold of the Church

upon the common people, may even, indeed, have remembered that Hoadly's

own dwelling had been threatened with destruction in the popular

excitement. _Quieta non movere_ was his motto; and he was not interested

in the niceties of ecclesiastic metaphysic. So the Test Act remained

immovable until 1828; while the annual Act of Indemnity for its

infractions represented that English genius for illogical mitigation

which solves the deeper problems of principle while avoiding the

consideration of their substance.

In the hundred and twenty years which passed between the Bangorian

Controversy and the Oxford Movement, there is only one volume upon the

problem of Church and State which deserves more than passing notice.

Bishop Warburton was the Lord Brougham of his age; and as its

self-constituted universal provider of intellectual fare, he deemed it

his duty to settle this, amongst others of the eternal questions. The

effort excited only the contempt of Leslie Stephen--"the peculiar

Warburton mixture," he says "of sham logic and bluster." Yet that is

hardly fair to the total result of Warburton's remarks. He tried to

steer a middle path between the logical result of such Erastianism as

that of the _Independent Whig_, on the one hand, and the excessive claim

of High Churchmanship on the other. Naturally enough, or the writer

would not be Warburton, the book is full of tawdry rhetoric and stupid

quibbles. But the _Alliance between Church and State_ (1736) set the

temper of speculation until the advent of Newman, and is therefore

material for something more than contempt. It acutely points out that

societies generate a personality distinct from that of their members in

words reminiscent of an historic legal pronouncement.[12] "When any

number of men," he says, "form themselves into a society, whether civil

or religious, this society becomes a body different from that aggregate

which the number of individuals composed before the society was

formed.... But a body must have its proper personality and will, which

without these is no more than a shadow or a name."

[Footnote 12: Dicey, _Law and Opinion in England_ (2nd edition),

p. 165.]

And that is the root of Warburton's pronouncement. The Church is a

society distinct from the State, but lending to that body its assistance

because without the sanction of religion the full achievement of the

social purpose is impossible. There is thus an alliance between them,

each lending its support to the other for their common benefit. The two

remain distinct; the union between them is of a federal kind. But they

interchange their powers, and this it is which explains at once the

royal supremacy and the right of Churchmen to a share in the

legislature. This also it is which explains the existence of a Test

Act, whereby those who might injure that which the State has undertaken

to protect are deprived of their power to evil. And, in return, the

Church engages to "apply its utmost endeavors in the service of the

State." It becomes attached to its benefactor from the privilege it

receives; and the dangers which might arise from its natural

independence are thus obviated. For a federal union precludes the grave

problem of an _imperium in imperio_, and the "mischiefs which so

terrified Hobbes" are met by the terms upon which it is founded.

It is easy enough to discover the loopholes in the theory. The contract

does not exist, or, at least, it is placed by Warburton "in the same

archive with the famous original compact between monarch and people"

which has been the object of vast but fruitless searches. Nor does the

Act of Submission bear upon its face the marks of that tender care of

the protection of an independent society which Warburton declared a

vital tenet of the Union. Yet such criticisms miss the real significance

of the theory. It is really the introduction into English politics of

that notion of the two societies which, a century before, Melville and

Bellarmine had made so fruitful. With neither Presbyterian nor Jesuit

was the separation complete, for the simple reason that each had a

secret conviction that the ecclesiastical society was at bottom the

superior. Yet the theory was the parent of liberty, if only because it

pointed the way to a balance of power between claims which, before, had

seemed mutually exclusive.

Until the Toleration Act, the theory was worthless to the English Church

because its temper, under the ægis of Laudian views, had been in

substance theocratic. But after 1692 it aptly expressed the compromise

the dominant party of the Church had then in mind. They did, indeed,

mistake the power of the Church, or, rather, they submitted to the State

so fully that what they had intended for a partnership became an

absorption. So that the Erastianism of the eighteenth century goes deep

enough to make the Church no more than a moral police department of the

State. Saints like Ken and preachers like South are replaced by

fashionable prelates like Cornwallis, who made Lambeth Palace an adjunct

to Ranelagh Gardens, and self-seeking pluralists like Bishop Watson. The

Church could not even perceive the meaning of the Wesleyan revolt; and

its charity was the irritating and complacent patronage of the

obstrusive Hannah More. Its learning decayed, its intelligence

slumbered; and the main function it fulfilled until Newman's advent was

the provision of rich preferment to the younger sons of the nobility. It

is a far cry from Lake of Chichester and Bishop Ken to a church which

was merely an annex to the iniquities of the civil list.

IV

No one can mistake the significance of this conflict. The opponents of

Erastianism had a deep sense of their corporate Church, and it was a

plea for ecclesiastical freedom that they were making. They saw that a

Church whose patronage and discipline and debates were under the control

of an alien body could not with honesty claim that Christ was in truth

their head. If the Church was to be at the mercy of private judgment

and political expediency, the notion of a dogmatic basis would have to

be abandoned. Here, indeed, is the root of the condemnation of Tindal

and of Hoadly; for they made it, by their teaching, impossible for the

Church to possess an ethos of her own. It was thus against the

sovereignty of the State that they protested. Somewhere, a line must be

drawn about its functions that the independence of the Church might be

safeguarded. For its supporters could not be true to their divine

mission if the accidental vote of a secular authority was by right to

impose its will upon the Church. The view of it as simply a religious

body to which the State had conceded certain rights and dignities, they

repudiated with passion. The life of the Church was not derived from the

State; and for the latter to attempt its circumscription was to usurp an

authority not rightly its own.

The real difficulty of this attitude lay in the establishment. For here

the Church was, at bottom, declaring that the State life must be lived

upon terms of her own definition. That was possible before the

Reformation; but with the advent of Nonconformity and the growth of

rationalism the exclusive character of the Church's solution had become

unacceptable. If the Church was to become so intimately involved with

the State as an establishment implied, it had no right to complain, if

statesmen with a genius for expediency were willing to sacrifice it to

the attainment of that ideal. For the real secret of independence is,

after all, no more than independence. The Church sought it without being

willing to pay the price. And this it is which enabled Hoadly to emerge

triumphant from an ordeal where logically he should have failed. The

State, by definition is an absorptive animal; and the Church had no

right to complain if the price of its privileges was royal supremacy. A

century so self-satisfied as the eighteenth would not have faced the

difficulties involved in giving political expression to the High Church

theory.

Yet the protest remained, and it bore a noble fruit in the next century.

The Oxford movement is usually regarded as a return to the seventeenth

century, to the ideals, that is to say, of Laud and Andrewes.[13] In

fact, its real kinship is with Atterbury and Law. Like them, it was

searching the secret of ecclesiastical independence, and like them it

discovered that connection with the State means, in the end, the

sacrifice of the church to the needs of each political situation. "The

State has deserted us," wrote Newman; and the words might have been

written of the earlier time. The Oxford movement, indeed, like its

predecessor, built upon foundations of sand; and when Lord Brougham told

the House of Lords that the idea of the Church possessing "absolute and

unalienable rights" was a "gross and monstrous anomaly" because it would

make impossible the supremacy of Parliament, he simply announced the

result of a doctrine which, implicit in the Act of Submission, was first

completely defined by Wake and Hoadly. Nor has the history of this

controversy ended. "Thoughtful men," the Archbishop of Canterbury has

told the House of Lords,[14] "... see the absolute need, if a Church is

to be strong and vigorous, for the Church, _qua_ church, to be able to

say what it can do as a church." "The rule of the sovereign, the rule of

Parliament," replied Lord Haldane,[15] "extend as far as the rule of the

Church. They are not to be distinguished or differentiated, and that was

the condition under which ecclesiastical power was transmitted to the

Church of England." Today, that is to say, as in the past, antithetic

theories of the nature of the State hinge, in essence, upon the problem

of its sovereignty. "A free church in a free state," now, as then, may

be our ideal; but we still seek the means wherewith to build it.

[Footnote 13: Cf. my _Problem of Sovereignty_, Chapter III.]

[Footnote 14: _Parliamentary Debates_. Fifth Series, Vol. 34,

p. 992 (June 3, 1919).]

[Footnote 15: _Parliamentary Debates_. Fifth Series, Vol. 34, p 1002.

The quotation does not fully represent Lord Haldane's views.]

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