CHAPTER IV.

To prevent confusion, let it be distinctly stated at once, that in

tracing the form which the new ecclesiastical establishment assumed

under the impress of Cromwell's genius, we confine ourselves in

this chapter to the legislation of nine months; consisting of those

ordinances which were issued between the end of the Little Parliament,

in December, 1653, and the opening of the first Protectorate

Parliament, in September, 1654. During this period, the foundations of

the Protector's ecclesiastical policy were laid.

I. _State Recognition._--The articles of government--the conception

and inspiration of which must be regarded as proceeding from

Cromwell--distinctly declared "that the Christian religion, as

contained in the Scriptures, be held forth and recommended as the

public profession of these nations."[72] Christianity being thus

recognized as part and parcel of the law of the land, the sanctions

of religion were introduced at the inauguration of the Protector; the

solemnities of worship and of preaching were connected with all special

public acts; and the exercises of devotion constantly accompanied the

ordinary business of Parliament. The State continued to recognize

religion by the appointment of fast days, which were of frequent

occurrence; whilst the Scotch brethren objected to this exercise of

civil authority as an Erastian intrusion into the spiritual realm.[73]

Preachers, both Presbyterian and Independent, were appointed on these

occasions; and a fast day sometimes was solemnized by a service which

lasted from nine o'clock in the morning until four in the afternoon.

[Sidenote: 1654.]

By an express article, all who professed the Roman Catholic religion

were disabled from voting, as well as from being elected; and as the

Act which had been passed against execrable opinions, treated as

culprits and subjected to penalties those who opposed Christianity,

it virtually deprived all such persons of the electoral franchise.

Infidels and heretics, also, who attacked or undermined the foundations

of the Christian faith, forfeited the rights of denizenship. But

these laws did not affect the social position of any individuals who

professed Protestantism in any of its usually-recognized forms of

orthodoxy. All the "sects" were accepted as citizens. So were the

Presbyterians. And, although Prelacy was forbidden, there was nothing

which could legally prevent an Episcopalian from going to the poll to

give or receive the vote of a freeman. Still, we must not forget that,

since the Common Prayer Book had been prohibited, any one who persisted

in using its formularies might have both his franchise and his freedom

brought into peril.[74] From these facts, it is evident that England

under the Protectorate was, in theory, a religious Commonwealth;

that the State possessed a spiritual as well as a secular character;

that Christianity was considered essential to the welfare of society;

and that an irreligious man was not regarded as a faithful subject.

But this theory of the Commonwealth as a Christian State must not be

confounded with the theory of the National Church as connected with the

Commonwealth. The lines of limitation in the two cases were not the

same. Considerable differences existed between the Christianity which

entitled all its disciples to the franchise of the citizen and the

Christianity which entitled its ministerial advocates to the support of

the State. What those differences were will be indicated as we proceed.

[Sidenote: _State Control._]

II. _State Control._--The laws made certain distinctions between what

was civil and what was sacred. They followed the early legislation

of the Long Parliament by withdrawing all secular matters from

ecclesiastical authority. Wills received careful attention from the

Little Parliament in 1653, when commissioners were appointed to

superintend that business, and to grant administrations "in the late

provinces of Canterbury and York." Their powers were defined, and the

probate fees to be taken by registrars were, after the payment of

expenses, to be appropriated to the support of the navy. The Act of

1653 was revived in 1654, and more commissioners were added to the

existing number.[75]

The main control over the Church consisted, not in any Act of

Uniformity--nor in the establishment of a particular creed--nor in

the maintenance of a simple mode of worship, but in the appointment

of a spiritual tribunal, invested with the power of determining who

were fitting persons to fulfil the Christian ministry. In the month of

March, 1653-4, an ordinance appeared,[76] reciting that there had been

no certain method adopted for supplying vacancies with able ministers,

in consequence of which the rights of patrons had been prejudiced,

and "weak, scandalous, popish, and ill-affected persons had intruded

themselves, or been brought in, to the great grief and trouble of the

good people of this nation." As a remedy, it was ordained that every

person presented to a benefice, or appointed to a lecture, should be

approved by certain Commissioners who were named for that purpose. No

mention is made of any standard of faith, of any mode of worship, or

of any scheme of polity. Episcopacy, Presbyterianism, Independency,

anti-Pædobaptism--in short, particular forms of Christianity are

entirely unnamed and unnoticed. In general terms, power was vested

in the Commissioners:--they were to grant admission to the ministry;

their certificate being a sufficient induction; but a vote of exclusion

did not acquire validity unless nine members were present at the time

when the vote was passed. Appointments made by these Commissioners

did not interfere with the rights of patronage. They had no authority

to dispose of Church benefices, or to elect lecturers; but only to

determine upon the qualifications of those whom the patrons presented

or the people chose. Nor did the law construe the decision of these

judges "to be any solemn or sacred setting apart of a person to any

particular office in the ministry." In short, the Commissioners formed

a board, and nothing more, for the examination of persons who presented

themselves for the ministerial office. So far, it bore a likeness to

the Assembly of Divines, for they had exercised similar functions in

the examination of clergymen; but then they had been more numerous,

and had been wont to consult Church standards and formularies for the

guidance of their judgment. Nothing of the sort limited the power

of the new Commissioners, and, moreover, their unfettered power was

lodged in comparatively few hands. Some creed, statute, canon, or

established usage, had in all similar cases been recognized as a rule

of action; but in this instance everything was left for determination

by the wisdom or the will of irresponsible functionaries.[77] No

distinct articles of faith were prescribed. No subscription whatever

was enforced.[78] The only way to form an idea of the character of a

Church so circumstanced is to infer what it must have been from the

known opinions and characters of such powerful officers. The Commission

was composed of men of very different characters. Some had much

prejudice and party spirit, with little judgment, and less charity. No

confidence could be placed in Hugh Peters, and in others of a similar

stamp; but there were amongst the members individuals of great wisdom

and large benevolence--such as Manton, Goodwin, Owen, and many more.

Presbyterians, Independents, and Baptists were of the number; and, so

far, the constitution of the tribunal permitted access to benefices

by ministers belonging to all three denominations. The proportion

of different religious parties in the commission suggests what was

likely to be the proportion of those admitted to preferment. Nothing

hindered the admission of the members of any sect whatever, not even

Episcopalians, provided they did not use the Book of Common Prayer;

and such persons actually were admitted; but it is not probable that

many would be included in the establishment who occupied a position far

beyond the circle of the Commissioners' opinions.

[Sidenote: _State Control._]

Another tribunal appeared in August, 1654, for ejecting "scandalous,

ignorant, and insufficient ministers and schoolmasters."[79] Unlike the

former, this Commission branched out into manifold divisions, which,

in fact, formed ecclesiastical courts of assize, spreading over the

whole country. Long lists of distinguished laymen are contained in the

ordinance--including the names of the Lords Wharton, Fairfax, Lisle,

Say and Sele, Sir A. Haselrig, Sir Anthony A. Cooper, and Nathaniel

Fiennes. They were to bring before them all clergymen and teachers who

were punishable by the Act against blasphemous opinions, or who were

guilty of profanity, perjury, popish opinions, adultery, fornication,

drunkenness, haunting taverns, quarrelling, fighting, playing at

cards or dice, or profaning the Sabbath day. So ran the enumeration

of the first class of scandals, cognizable by these judges. Then

came words pointing to such as had publicly and frequently used the

Common Prayer Book since the first of January last, or should at any

time afterwards do so; such as publicly and profanely scoffed at or

reviled the strict profession or professors of religion or godliness,

or encouraged, or countenanced, "by word or practice, any Whitsun

ales, wakes, Morris-dances, May-poles, stage-plays," or similar

licentious practices; and such as declared their disaffection to the

present government. As to "negligent" ministers, they are defined to be

"non-residents," and such as omitted the public exercise of preaching

and praying on the lord's Day: but "the ignorant and insufficient" are

not defined at all, they are left to be declared and judged by the

Commissioners in every county, or by any five of them, together with

five of the ministers mentioned in the ordinance. To them, therefore,

in this respect, remained a wide margin of discretion, and individuals

guiltless of the scandals and offences before enumerated--yet being

charged in general terms by their parishioners with ministerial

incompetency--were left to the mercy and the conscience of these lay

and clerical assessors. Their character was the only guarantee that

justice would be administered; and sometimes proofs appeared shewing

how perilous a thing it was to the interests of the parties arraigned

that even to men of established integrity there should be entrusted

such large powers, especially at a time when party spirit on all sides

ran so high.

[Sidenote: 1654.]

III. _State Support._--The articles of government declared, that as

soon as might be, a provision less subject to contention and more

certain than the one existing should be made for the maintenance of

"able and painful" teachers, for instructing the people, and for the

discovery and confutation of error, heresy, and whatever is contrary to

sound doctrine. But until such provision could be devised, the existing

maintenance was not to be taken away or impeached. Also the ordinances

of 1647, as to tithes, were in 1654 declared to remain in full force;

and further still, for the more efficient support of the ministry, an

ordinance of the 2nd of September, 1654, directed that there should be

a union of small parishes and a division of large ones--authority for

that purpose being vested in a Commission, according to a common plan

then adopted in all business of that description.[80]

[Sidenote: _State Protection._]

The Long Parliament, in the month of February, 1648, had commanded

churchwardens and overseers of the poor to assess every inhabitant of a

parish, in such sums as those officers should think proper; no mention

being made of holding any vestry meetings whatever for that purpose.

The law declared that such rates should be appropriated for repairing

the fabric of the church, and keeping in order the churchyard and

walls; for providing books to be used in Divine worship; and for the

bread and wine required in the administration of the Lord's supper.

When the rate had been confirmed by two justices of the peace, the

churchwardens were authorized and required to levy payment and to

recover by "distress" where payment was refused. The justices, "in

default of such distress," might commit the defaulter to the common

gaol.[81] This church-rate law remained unrepealed, and therefore

was available for the support of worship by all those who were now

incorporated in the Establishment. In the ordinance of 1654, for

uniting and for severing parishes, reference is made to rates, taxes,

parochial rights, charges and duties, as acknowledged sources of

revenue.[82]

[Sidenote: 1654.]

IV. _State Protection._--The Articles of Government extended

protection, within certain limits, to professing Christians who did not

share in the resources and immunities of the State Church. Religious

compulsion was forbidden, religious persuasion was recommended; and it

was expressly declared, "That such as profess faith in God by Jesus

Christ (though differing in judgment from the doctrine, worship, or

discipline publicly held forth), shall not be restrained from, but

shall be protected in, the profession of the faith and exercise of

their religion, so as they abuse not this liberty to the civil injury

of others, and to the actual disturbance of the public peace on their

parts, provided this liberty be not extended to Popery nor Prelacy,

nor to such as under the profession of Christ hold forth and practise

licentiousness."[83] The shield of the law was thus placed over all

Protestant sects whose liberty in no way threatened the security of the

Government.

[Sidenote: _State Penalties._]

V. _State Penalties._--First, the Papists were deprived of all

religious freedom and of all political rights, and this act of

injustice was perpetrated as a retaliation which their own habitual

intolerance had provoked; and as a precaution which the tendency

of their system and their Jesuitical and treasonable practices had

rendered expedient. The circumstances in which Prelatists were placed

by the legislation of the Long Parliament have been explained. These

circumstances remained unaltered; and Prelacy was now conjoined with

Popery in the prohibition expressed by the articles. The supporters of

Prelacy were known to be disaffected to the Government, and whenever

that disaffection manifested itself in overt acts, the magistrates

were justified in punishing the offenders; but to inflict penalties

for using the Prayer Book was an unrighteous proceeding, no more

to be excused than was the persecution of Nonconformists for their

worship, after the Restoration. Sometimes that persecution has been

defended or its guilt has been extenuated on the ground that the very

religion of the Separatists made them disloyal; persons who condemn

that plea as being insult added to injury must not set up a similar

one on behalf of the rulers of the Commonwealth. After the mention of

Prelacy in the articles comes a denial of freedom to such as maintained

tenets inimical to the principles of public morality and order;[84]

Fifth Monarchists, therefore, preaching after the fashion of Feake and

Vavasour Powell, brought themselves within the scope of penal laws.

So did some well-known disorderly fanatics, who hung on the skirts

of Quakerism. Socinians likewise came under the legislative ban.

As the statute against blasphemous opinions remained in force, all

persons suspected of holding them were liable to be brought before the

magistrate. Yet it should be stated that Cromwell checked as much as he

could the severe application of this penal code: and when a Parliament,

under his control, undertook to specify what particulars were embraced

by the general title of heresy, there was so much caution exercised

lest words expressing vague ideas should subject "the godly party to

some danger of suffering," that not until after much debate could

even the word _atheism_ be allowed "to be part of the question."[85]

[Sidenote: 1654.]

Such were the principles of Cromwell's ecclesiastical policy, and in

it may be seen a singular combination of boldness and caution. Of

boldness--for he fearlessly innovated upon the ancient principles

and precedents of the kingdom, and also defied the prejudices

of contemporary bigots by throwing open the Establishment to

different sects, and by conceding toleration to all whose opinions

and proceedings did not imperil the stability of his republic. Of

caution--for he shrank from committing himself to theories of voluntary

church support, and of thorough church independence, however those

theories might be advocated by some with whom he would be regarded as

having considerable sympathy. And the more his policy is examined,

the plainer will it appear to be distinguished by originality no less

than by the qualities we have just indicated. Whatever its merits

or demerits, it was his own. He neither copied the forms of past

times nor followed the counsels of contemporary advisers. It is very

remarkable that no ecclesiastical personage appears controlling the

affairs of the Commonwealth. Indeed his Highness occupied the throne

without having at his right hand any prominent individual to influence

him in either spiritual or in temporal business. No member of his

Council of State was of such importance as to justify our applying to

him the appellation of prime minister. We strive in vain to detect

any clerical guidance. The principal Divines of the Presbyterian

party were but little, if at all, attached to his government; they

preferred the royalty which his rule suspended, and they disliked the

Broad Church which he so zealously upheld. Independents were about

his person, but no evidence exists of his constituting any of them

ecclesiastical advisers. The only chaplain he had of high intellectual

mark was John Howe, a man indisposed to take part in public affairs,

and whose correspondence shews that whatever his power might be in the

pulpit, he had little or no influence at court. Owen and Goodwin were

too much engaged at Oxford to have many opportunities for conference

at Whitehall. Philip Nye might be disposed to give the benefit of his

counsel, but Philip was not the person to carry weight with Oliver.

No doubt the Protector took care to ascertain the opinions of all

parties, and, as a prudent, practical man, he shaped his course so as

not to give unnecessary offence; but his own genius was the counsellor

on which he chiefly, if not entirely, relied. The outward fortunes

of the Church were completely in lay hands--the hands of the Lord

Protector of England. In the days of Charles, the country, through

Laud, had been priest-ridden, but not even in religious matters was it

presbyter-ridden in the days of Cromwell.

[Sidenote: _Cromwell's Establishment not a Church._]

One more remark may be made. Conforming to general usage, we have

called Cromwell's religious establishment a Church; but, accurately

speaking, it was not a Church at all. We do not mean by this what an

ecclesiastical polemic means, when he refuses to apply the name to any

organization at variance with what he considers to be New Testament

principles. By withholding the title from a particular community, he

intends to say that it is not a Church according to his idea of what

a Church should be. We abstain from all such controversies in these

pages. Our meaning is that Cromwell's establishment did not include

or recognize any internal organization whatever of an ecclesiastical

kind; it had no Church courts, no Church assemblies, no Church

laws, no Church ordinances. It repudiated Prelacy without enforcing

Presbyterianism or recognizing Congregationalism. While denying the

aid of the civil power for carrying out one method of discipline, it

gave no direct sanction to any other. It said nothing about rites and

ceremonies. Not even the two great sacraments of Christianity were

mentioned. What should be the mode of administering the Lord's Supper,

and Baptism, and whether the latter should be confined to adults, or

should be extended to infants, were open questions. What should be done

in these respects was left to the ministers and their congregations

to determine. One parish might be constituted a Presbyterian Church;

another might contain an Independent Church; a third, a Baptist

Church. But each Church, as shewn already, was independent of the

parish incumbency; and often, in the case of Congregational Churches,

the members met together in private houses. The particular society so

organized really stood outside the Establishment. Hence it follows that

the Protectorate Establishment was nothing more than an institution

for _preaching and teaching_. The ministers were acknowledged by the

State only in the capacity of instructors. The title given to State

ordinances about religion seems in accordance with this; so were

the functions of the Committee of Triers. The former were for the

maintenance, the latter for the approbation, of "_public preachers_."

[Sidenote: _Cromwell's Establishment not a Church._]

So far as moral discipline akin to that of the old Church Courts

was instituted and enforced by Protectorate enactments, it was by

civil statute, not by any kind of canon law. Ordinances for the

improvement of public morals appear on the statute book of that period.

Cock-matches and horse-races were prohibited, professedly on account

of the danger attendant upon large gatherings of people.[86] Fighting

a duel upon which death should ensue was adjudged to be murder.

Challenges, and the conveyance of them, were made punishable.[87] The

Commissioners of Customs, and other officers, received authority to

suppress drunkenness and profane swearing amongst all people employed

in their departments.

These laws rested on the authority of the Protector and his Council;

and the resolutions enacting them can be traced in the order-books

of that small but potent assembly. When we turn to these records,

we discover numerous proofs and illustrations of the supreme power

which was exercised in this way over ecclesiastical causes. Decisions

respecting titles to Church livings, and the augmentation of poor

benefices, and for the payment of sums to poor clergymen, frequently

appear in those interesting minutes.[88]

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