CHAPTER XXII.

[Sidenote: 1646.]

Before Parliament sent its propositions to Newcastle, it had commenced

the business of establishing Presbyterianism. The Directory had been

ordained, and the Prayer Book abolished. Still more was done.

On the 7th of July, 1645, the Westminster Assembly sent up to the

two Houses a thoroughly-digested and complete scheme of Presbyterian

government.[588] Modified as already represented, the scheme was

embodied in an ordinance on the 19th of August, establishing a

Presbyterian polity in the city of London. This ordinance commanded

that a Congregational Assembly should be formed in each of the city

parishes, and that a Classical Assembly should be gathered in each

of the twelve classes, or districts, into which the ecclesiastical

province of the metropolis was by the ordinance divided. Towards the

end of September, the Houses decided that certain persons should

try the fitness of lay elders; the triers being three clergymen and

six laymen for each class. This was an Erastian arrangement, very

displeasing, of course, to the Presbyterians, and, consequently,

they refused to carry the measure into effect. In the March following

(1646) it became loaded with an additional and still more objectionable

provision. Instead of Parliament being constituted simply a final

court of appeal, it was now to choose certain Lay Commissioners, who

were to act in the first instance as judges of scandalous offences--in

fact, were to have in their hands the entire control of Church

discipline.[589] This was a measure which weighed too heavily on

Presbyterian forbearance; and, therefore, a compromise followed in

the month of June, when the Lay Commissioners were withdrawn, and a

committee of Lords and Commons was appointed to determine such cases of

scandals and offences as had not been already specified. This plan was

in accordance with an earlier direction, to the effect that Members of

Parliament sitting in the Westminster Assembly should be constituted

a tribunal to decide respecting causes of suspension from the Lord's

Supper. On the 2nd of October, the county palatine of Lancaster was

divided into nine classical presbyteries;[590] and on the 21st of

January, 1647, a committee of the two Houses ordered that Essex

should form a province including fourteen classes.

[Sidenote: _Presbyterian Church Government._]

Still, presbyteries were not actually formed. In April, 1647, appeared

resolutions of the Houses, entitled, "Remedies for removing some

Obstructions in Church Government;" and after this, on the 3rd of

May, the first Provincial Assembly met in the Convocation House of

St. Paul's, including about 108 members. Dr. Gouge, the prolocutor,

opened the meetings by a sermon in his own parish church of St. Anne,

Blackfriars.[591]

On the 29th of the January following (1648), another Parliamentary

ordinance appeared, commanding the committees and commissioners

throughout the country--with the assistance of ministers--to divide

their respective counties into distinct classical presbyteries; and

also specifying that the Chancellors, Vice-Chancellors, and heads of

houses should establish the same in the two Universities, and certify

the accomplishment of the fact before the 25th of March.

On the 29th of August, a more elaborate order issued from the Lords

and Commons, to the effect that all parishes and places whatsoever in

England and Wales should be under the government of Congregational,

Classical, Provincial, and National Assemblies.[592] To see how the

system thus elaborated upon paper, and thus enforced by successive

ordinances, worked in this kingdom; or rather, with some exceptions,

failed to work at all, we must wait till we reach the history of the

Commonwealth Church in the next volume.

[Sidenote: 1646.]

It is now time to direct attention to the final measures adopted with

reference to Episcopacy. There remained the old bill of 1642, which

had been bandied about between the Parliament and the King, to which

the latter had never given consent, and which, therefore, according

to the monarchical constitution of the country, had never become law.

Virtually it took effect, but constitutionally it had no authority.

Other measures were in the same predicament. Parliament, therefore,

in the autumn of 1646, commenced a revolutionary proceeding, which

really turned England into a republic. The Houses determined that their

own ordinances should be valid and sufficient. Ecclesiastical changes

were amongst the first to be ratified by this proceeding. The old bill

relative to Episcopacy being thrown aside, a new one came before the

Lords and Commons, and received the sanction of both Houses on the 9th

of October.[593]

This ordinance abolished the titles, sequestered the Church property,

and extinguished the jurisdiction of the hierarchy of England.[594]

[Sidenote: _Ecclesiastical Courts._]

The name, style, and dignity of archbishop and bishops were to be known

no more. At one sweep church property belonging to them was transferred

to other hands. "All counties palatine, honours, manors, lordships,

stiles, circuits, precincts, castles, granges, messuages, mills,

lands, tenements, meadows, pastures, parsonages, appropriate titles,

oblations, obventions, pensions, portions of tithes, parsonages,

vicarages, churches, chapels, advowsons, donatives, nominations, rights

of patronage and presentations, parks, woods, rents, reversions,

services, annuities, franchises, liberties, privileges, immunities,

rights of action and of entry, interests, titles of entry, conditions,

common court leet, and courts baron, and all other possessions," with

all and every their appurtenances, became vested in ecclesiastical

commissioners. Another ordinance, bearing date the 16th of November,

gave authority to the commissioners to sell such property for the

benefit of the Commonwealth, with a special reservation in favour of

the _jura regalia_ of the palatine of Durham, and the _jura regalia_

of the bishopric of Ely.[595] No cathedrals, churches, chapels, or

churchyards, however, were to be disposed of; neither was anything in

the ordinance to affect the property of Serjeants' Inn, or Lincoln's

Inn. Careful provision is made by the ordinance for securing the

property to purchasers, and for preserving the funds so realized.

The first of these ordinances also stated that no one was to use any

archiepiscopal or episcopal jurisdiction; that the sheriffs of counties

where any felony was to be tried should present to the judge some fit

person to do such things as, by the office of the ordinary, had used to

be done, and "that all issues triable by the ordinary or bishop shall

be tried by jury in usual course."

[Sidenote: 1646.]

[Sidenote: _Ecclesiastical Courts._]

That last line legalized an extensive revolution. Ecclesiastical Courts

in England, as noticed in our introduction, were of high antiquity

and of large jurisdiction. From the time of the Conqueror they had

taken cognizance of church matters and public morals. After the

Reformation their authority continued. Moral offences, not provided

for by common law, heresy, schism, and ecclesiastical disobedience,

questions touching marriage and divorce, together with the proving of

wills, remained, as before, subject to the ecclesiastical courts.

Though interfered with to some extent by the Court of High Commission,

the old Church Courts retained much of their former business down to

the time when the Long Parliament was opened. Consistories held in

provincial cathedrals might be somewhat quiet, but proceedings before

Archidiaconal tribunals were often exciting enough when enquiries

were made into village scandals; whilst Doctors' Commons continued a

centre of the greatest activity. There sat the Consistory Court of

the Bishop of London, the Prerogative Court of Canterbury, and the

Court of Arches. The judges and advocates received no small attention,

and were paid no little reverence, as they appeared in black velvet

caps and hoods lined with taffeta or miniver; the proctors being

only a little less dignified with their hoods of lambskin, whilst

actuaries, registrars, and beadles were busy in their attendance.

Citations, bills, and answers, proofs, witnesses, and presumptions,

with all their slow and expensive machinery, were patiently kept at

work by ecclesiastical lawyers, and were anxiously waited for and

watched by ecclesiastical and lay litigants. But with the opening of

the Parliament came a change. Amongst the many _jeu d'esprits_ of

the time is one belonging to the year 1641, entitled, "The Spiritual

Courts epitomised in a Dialogue between two Proctors, Busy-Body and

Scrape-All," with a woodcut on the title page representing the Bishops'

Court in great confusion.[596] Complaints couched in very exceptionable

phraseology indicate that the Prerogative, the Consistory, and the

Archdeacon's Courts, which "used to be crowded like money in a usurer's

bag, are very quiet and peaceable now;" "no more false Latin," no

more "ten pounds for a probate to Mr. Copper-nose, the English

proctor," "and no more prying into people's actions." An end had come

to inventories, such as terrified all Bloomsbury, Covent Garden, Long

Acre, and Beech Lane. No more pretended caveats, and bills which would

exceed a tailor's. On a curious broadside, entitled, "The Last Will and

Testament of Doctors' Commons," the same exultation over the decline

of the courts is rudely and vulgarly expressed in very queer cuts and

in very bad English. The Court is represented as very aged, and sorely

shaken both in body and mind by a Westminster ague. That which affected

Doctors' Commons would shake all the consistorial and commissory courts

throughout the country.

Ecclesiastical causes necessarily fell into confusion. The ordinance,

however, of October, would settle the question, and sweep all issues,

determinable of old by the ordinary or bishop, into the common law

courts, there to be tried by juries in the usual way. This would effect

not only a great professional change disastrous to ecclesiastical

lawyers, and apparent in the deserted yard of Doctors' Commons, but

would occasion a great social change also. People would now carry

cases touching marriage and divorce to the sessions or the assizes.

As to one important point, however, that of wills, the authority of

the old courts of registration survived the ejection of bishops, and

the abolition of their order. In the Bishop's principal Registry and

Consistory Court at Exeter, wills are found in the first case up to

the year 1653, in the second, up to the year 1650, when a gap occurs

as far as 1660. In the Archdeacon of Sudbury's Registry, wills also

are found belonging to 1652, and the years preceding. In the Chapter

House of York, there are transcripts of wills to 1650, and from 1650

originals occur. In the Archdeaconry of Taunton, wills did not cease

to be registered till 1649, in the Archdeaconry of Huntingdon, not till

1653.[597] A new law with respect to the probate of wills was passed in

the last-mentioned year.[598]

[Sidenote: 1646.]

The effect, in relation to public morals, of the abolition of Bishop's

Courts, and of the disuse of those which were Archidiaconal, has been

too much overlooked. Though the old church discipline, by calling in

the aid of the civil power, contradicted the spirit of Christianity,

though it was often completely frustrated, and though for really

religious ends it proved generally ineffectual; yet it would, in

some cases, check the immorality of a parish, whatever might be the

evils--in the way of slander, injustice, and heart-burning--which it

called into existence. And, at any rate, the destruction of a tribunal

before which people were liable to be cited for unchastity and other

vices not cognizable by the secular courts, is an important fact in the

history of those times, and indicates the occurrence of a considerable

judicial and social revolution. No doubt the Presbyterians, in their

scheme of discipline, and the Long Parliament, in its acts against

immorality, endeavoured to supply what they considered a defect, after

they had accomplished the abolition of the old system.

[Sidenote: _Payment of Tithes._]

The ordinance just described only transferred into the hands of

commissioners the property and revenues pertaining to bishoprics; it

did not touch advowsons and tithes in general, or affect parochial

and other ecclesiastical edifices. The right of presentation to

livings remained in the hands of patrons, where the right had not been

forfeited by delinquency, and tithes continued to be claimed as in

former days; but the method of recovering them had undergone a change.

Public opinion appears to have become altogether unsettled respecting

the question of ministerial support.

In the month of November, 1646, "The Moderate Intelligencer" informs

its readers of a petition from the county of Kent being presented to

Parliament against the support of ministers by the payment of tithes.

It was submitted to the legislature that all clergymen should receive

the same amount of salary, according to the part of England in which

they resided. These Kentish advisers recommended that in parishes north

of the river Trent the stipend should be £100 per annum; and that on

the south side of it ought to amount to £150. The reason alleged for

equal salaries being paid to all incumbents in each of these districts

was, that the arrangement would prevent ministers from hunting after

preferment. The petitioners notice that some people said--who had

"little scripture or reason for their opinion"--that tithes were

unlawful, and that "men should be at the pleasure of the people," in

other words, should be left to be provided for on the voluntary system;

others, it is observed, would, to avoid strife, fain have ministers

paid their tithes in money, not in kind, and they also advocated the

repeal of statutes forbidding the clergy to hold farms, or to cultivate

the practice of husbandry. It is also mentioned that some persons

advocated a new division of parishes, making them all of the same size.

[Sidenote: 1647.]

However truly the newspapers might reflect diversities of opinion on

this subject, whatever sympathy some puritan farmers or some puritan

parsons might feel with these inhabitants of Kent, Parliament firmly

maintained the rights of tithe property. In August, 1647, came forth

another ordinance,[599] confirming the prior one of 1644, and removing

doubts raised as to whether it extended to ministers inducted by

parliamentary authority. It mentions appeals brought into Chancery

for vexation and delay, and ordains that no such appeals should be

admitted until the party appealing paid into court, or into the hands

of justices of the peace, the value of the tithes in dispute. This

ordinance was to continue in force until the first of November, 1648.

The April of that year brought another ordinance,[600] cancelling a

proviso in the ordinance of 1644, for placing beyond its reach the city

of London, and committing the enforcement of these ecclesiastical dues

to the Lord Mayor and justices within their jurisdiction.[601]

[Sidenote: _Church Dues._]

A newspaper of the 4th of November, 1646, informed the public of a

bill introduced that day for repairing churches, and for giving power

to compel people to contribute towards needful and pious works; the

power to be vested not merely in churchwardens, but in justices of the

peace. Mention is also made of a committee to meet in the Star Chamber,

for the purpose of considering what course had best be adopted, whether

by commitment or otherwise, in order to compel payment from those who

refused to contribute according to the ordinary assessments. More

than a year after these reports were printed, the Lords and Commons,

on the 9th of February, 1647-8, ordained that churchwardens should be

chosen annually by the inhabitants of every parish and chapelry, on the

Monday or Tuesday of Easter Week, and that they, with the overseers

of the poor, should, upon public notice, "make rates or assessments

by taxation of every inhabitant." Churchwardens were also to receive

any rents and profits which had been given for repairing parochial

edifices; and, when churchwardens became negligent of their duties,

two neighbouring justices of the peace were empowered to interfere,

and to give order for necessary repairs. The ordinance was not to

extend to churches "ruined" by the "unhappy wars, extremity of age, or

other casualties," nor was it to apply to any cathedral or collegiate

churches, all of which were "to be repaired as formerly they have been

used and accustomed."[602]

[Sidenote: 1645.]

Apart from sweeping revolutions in cathedral establishments, the

colleges of Westminster, Eton, Christ Church, and Winchester

experienced changes peculiar to themselves. It was provided in 1642

that none of the revenues assigned for scholars and almsmen should

be interrupted in consequence of the sequestration of the rents and

profits of Archbishops and Bishops, Deans and Chapters. In 1645, a

special ordinance provided both for the college and the collegiate

church of Westminster, the Deanery being virtually extinct. The Dean

and prebends had become delinquents, with the exception of Mr. Lambert

Osbolston, who, whilst being a canon of the cathedral, was also master

of the school. The school, the almsmen, and the offices, having no

one to take care of them now that the ecclesiastical corporation

of the Abbey had been dissolved, Parliament proceeded to nominate

commissioners, consisting of the Earl of Northumberland and others,

who were invested with powers similar to those previously possessed by

the Dean and Chapter. Mr. Osbolston was exempted from the forfeiture

of the prebendal income, which had been inflicted on all his brethren

occupying stalls in the Abbey. With the new Commissioner, the Master of

Trinity College, Cambridge, and the Master of Westminster School, were

associated in the election of scholars for the latter foundation. The

Committee was also directed to make allowances out of the revenues of

the collegiate church to the minister who should perform Divine service

within its walls.[603]

[Sidenote: _Universities._]

The sequestered estate and profits of the provost of Eton were

entrusted to Sir H. Cholmeley, without prejudice either to scholars

or fellows. Dr. Richard Stewart was ejected from the provostship,

and Francis Rouse appointed in his room.[604] After some discussion,

Parliament left new elections in the hands of the provost and fellows.

Great changes came over the Deanery of Windsor and the Chapel of St.

George. Spoliation went on without mercy. Precious treasures were

seized for military uses. The revenues were sequestered, and out of

them the yearly sum of fifty pounds was voted for any such minister as

should officiate in the parish church.[605]

As the educational uses of Eton, Westminster, and other public

foundations of the kind, preserved their revenues from confiscation,

the same also was the case with the two Universities. Their history,

which we have hitherto passed over, now demands our attention, and

requires us to go back for a few years.

In the battle which the Parliament had to fight with the heads of

houses, Cambridge commenced hostilities. In 1642, the Masters and

Fellows of the Colleges there sent money and plate to the coffers

of the King at York, "many wishing," says Fuller, "that every ounce

thereof were a pound for his sake, conceiving it unfitting that they

should have superfluities to spare whilst their sovereign wanted

necessaries to spend."[606] The University press was employed in

printing the King's declarations, and the University pulpit was made

to resound with diatribes against the King's enemies. When a demand

came for contributions to the Parliament, the University returned

a blank refusal. The men who thus took part in the opening strife

subjected themselves of course to the fortunes of war. The kingdom

being rent in twain, two encampments being pitched face to face, such

as threw themselves into the one had no friendship to expect from the

other. Hence there followed imprisonments for the plate business,

and for like belligerent acts. The Masters of St. John's, Queen's, and

Jesus, were lodged in the Tower, where they were joined afterwards

by the Vice-Chancellor. Thus far the collision was purely political.

University men were treated as malignants.

[Sidenote: _University of Cambridge._]

But in January, 1644, another issue was raised. Political delinquency

being still prominently kept in view, it became associated with

religious and ecclesiastical criminations. Many complaints--said

the ordinance for regulating the University of Cambridge--were

made that the service of the country was retarded, that the enemy

was strengthened, that the people's souls were starved, and that

their minds were diverted from the care of God's cause by the idle,

ill-affected, and scandalous clergy. Commissioners therefore were

empowered to call before them all provosts, masters, fellows, students,

and members who were scandalous in their lives, or ill-affected to the

Parliament, or fomenters of the war, or that should wilfully refuse

obedience to the orders of the two Houses, or desert their ordinary

places of residence. Persons found guilty of any such offences were to

suffer the sequestration of their estates and revenues; at the same

time, ministers approved by the Westminster Assembly were authorized to

succeed to the vacant posts. The Commissioners had power to administer

the Covenant under penalties, and to examine and inhibit all persons

who should obstruct the reformation sought to be accomplished by the

Parliament and the Assembly. The ordinance evidently placed at the

mercy of this new Committee every one who, though _not scandalous in

life_, should decline the Covenant or oppose the Westminster decisions.

This document bears date the 22nd of January. On the 30th of the same

month, an order appeared to make void the places of all officers,

ministers, or other attendants upon Chancery, the King's Bench, and

the Common Pleas, who should be guilty of the same offences.[607] The

ground on which the Presbyterian party now in power chose to place

the controversy with the authorities at Cambridge and elsewhere is

sufficiently apparent.

The justice of their final policy ought to be tested by the principles

upon which it was avowedly based, not by any laxity of method in the

carrying of it out. It is said that, in several instances, those who

were entrusted with the execution of the ordinance were very lenient,

and did not eject all who refused submission; but this does not affect

the character of the enactment. According to Archbishop Tillotson, most

of the fellows of King's were exempted through the interest of Dr.

Witchcot--an exception which is not at all irreconcilable with Fuller's

statement--himself a Cambridge man--that "this Covenant being offered,

was generally refused, whereupon the recusants were ordered without any

delay to pack out of the University three days after their ejection."

Fuller does not say that the order took effect in all cases.[608]

[Sidenote: _University of Cambridge._]

A document in the State Paper Office opens a window through which

one can plainly see how sequestrations went on at Cambridge. Houses

were rifled, and goods seized. The effects were sold according to

appraisements. The books of Dr. Cosin, Master of Peter House and Dean

of Durham, were valued at £247 10s., and must have formed a good

library for those days. The furniture of Dr. Laney, Master of Pembroke,

is all inventoried, down to "blankets," "leather chairs," and "fire

irons." The books of Mr. Heath, of Barnet College, are valued at £14;

and Mr. Couldham's, of Queen's, at £10. Horses and furniture are

mentioned, and articles are described as taken away in carts under the

care of soldiers. Zealous partisans received rewards for information

relative to concealed property. An infamous soldier was paid for

divulging the secret where books belonging to his brother might be

found.

[Sidenote: _University of Cambridge._]

Thus a political offence provoked the anger and occasioned the

interference of Parliament. But the interference aimed at a religious

result through a revival of Puritanism. The East-Anglian University,

true to its traditional liberality, fostered that movement towards

the end of the sixteenth century, as it had promoted the Reformation

fifty years before. In 1565, the University was restive under the yoke

of ceremonies, and almost all the men of St. John's came to chapel

without hoods or surplices.[609] When Mildmay had founded Emmanuel

College (1585), the Queen said: "Sir Walter, I hear you have erected

a Puritan foundation." He replied: "No, madam; far be it from me to

countenance anything contrary to your established laws; but I have set

an acorn, which, when it becomes an oak, God alone knows what will be

the fruit thereof."[610] The fruit proved Puritan to the heart's core;

and the fact is commemorated in a satire about thirty years afterwards.

Its unconsecrated chapel, standing north and south, instead of

orientating after the prescribed fashion, has been pronounced "typical

of its doctrinal sentiments."[611] Sidney, too, was Puritan, and so

was Catherine Hall, the last so persistently, and to such a degree,

that it is said not to have contributed one fellow or scholar to the

number of the ejected in 1644.[612] Cambridge had the credit of being

"a nest of Puritans" in the middle of King James's reign. Perkins and

Sibbs, ministers of that class, were exceedingly popular with both the

gownsmen and the townspeople. The University for many years supplied

by far the majority of the leading Presbyterian Divines;[613] and

four out of the five dissenting brethren at Westminster were from

Cambridge.[614] Traces of Puritanism existed in Trinity College even so

late as 1636. In some tutors' chambers "the private prayers were longer

and louder by far" than in chapel.[615] But, before the civil wars, a

change in the opposite direction set in. Peter House under Cosin, St.

John's under Beale, Queen's under Martin, and Jesus under Sterne, were

becoming more and more centres of Anglo-Catholicism. The influence of

Laud may be distinctly traced through the last two of these heads of

houses--Martin and Sterne having been chaplains to the Archbishop.

Nor was the Archbishop himself inactive at Cambridge. The reports

about Trinity just noticed were placed in his hands preparatory to his

intended visitation in 1636. So far did some go in the anti-Puritan

movement that, according to report, at the commencement, in July, 1633,

Dr. Collins eulogized Bellarmine, and Dr. Duncan defended some of his

theses.[616] Complaints were made by Puritans of altars, vestments, and

Jesuit activity. Organs were erected, and the worship in Peter House

Chapel incurred the displeasure of the Long Parliament.[617] To judge

of the extent to which anti-Presbyterian views prevailed at Cambridge

in 1644, we may state that, of residents, it seems about a tenth part

of the number was ejected.[618]

The history of Oxford is not altogether like that of Cambridge.

The source of three religious impulses of very different kinds,

connected respectively with great theological names of very different

character--Wesley, Pusey, and Jowett--the Midland University, central

and many-sided in its religious spirit, as it is in its geographical

position, did much to promote the Reformation, and did something

to foster Puritanism. It produced Reynolds, the Presbyterian, and

Owen, the Independent. A Puritan wave stirred the waters of the

University in 1640. But influence of that kind at Oxford was feeble,

compared with its sweep at Cambridge; and the Laudian impetus to

Anglo-Catholicism most strongly marked the elder University. Laud was

Chancellor of Oxford, and here, of course, his restless brain and

untiring hands would specially prosecute the favourite business of

his life. Accordingly, instances of his minute, constant, and zealous

interference abound throughout his memoirs and papers.[619] He had a

very large share in producing that opposition to Puritanism and the

Parliament, which characterized Oxford at the commencement of the civil

wars.

[Sidenote: _University of Oxford._]

[Sidenote: 1646.]

Phases of conflict, similar to those in the case of Cambridge, may be

recognized with greater distinctness in the case of Oxford. We have

seen already, from our account of the military occupation of the latter

University by the King, that it assumed an attitude of determined

defiance towards the Parliament. What would be figurative in reference

to Cambridge is perfectly literal in reference to Oxford. Colleges

became barracks, and gownsmen soldiers. The University therefore could

not be regarded as otherwise than in a state of rebellion against the

Parliament--now actually the supreme power. Consequently, when the

city was taken, the University was treated as a conquered enemy. To

demand subscription and fealty was the least thing which the conquerors

could do. To remove from office those who were disaffected was but a

measure of common prudence. Besides, such a state of demoralization

had come over the whole institution,[620] and war had so driven away

learning and discipline, that reformation was imperative. Accordingly,

in September, 1646, Commissioners went down to Oxford. Citations were

issued requiring officers, fellows, and scholars, to appear at the

Convocation House, between the hours of nine and eleven o'clock in

the forenoon. The Presbyterian visitors had worship, and a sermon,

which detained them till nearly eleven. A story is related, that the

Vice-Chancellor, Dr. Fell, had the clock put forward, so that it

struck the hour before the Commissioners arrived. At all events, as

the latter were coming in, they were met by the University authorities

going out, the beadle in attendance, exclaiming, "Make way here for Mr.

Vice-Chancellor." The visitors did so, when Mr. Vice-Chancellor moving

his hat, passed by them, saying, "How do ye, gentlemen, 'tis past

eleven o'clock." After this indignity a new Commission was appointed,

but the visitors on the second occasion fared no better than their

predecessors. Their orders were not only disobeyed, but also "despised

and contemned." The heads of Colleges asked, by "what authority they

were summoned;" and resolutely refused to give up books and papers,

the keys of the Convocation House, and the beadles' staves. The

Proctors protested against the citation they had received as illegal,

and claimed to be exclusively under the authority of the King and his

visitors. Patiently persisting in the assertion of its own power,

Parliament allowed the malcontents to be heard by counsel; after which,

their answer was pronounced an insult to the authority of the two

Houses. Fell was then declared to have forfeited, by his contumacy, the

deanery of Christ Church; but the declaration, when posted on the walls

of that establishment was torn down and trampled under foot. Mrs. Fell

also gave much trouble, and being imbued with an obstinacy like her

husband's, had to be forcibly carried out in her chair, by the hands

of the soldiers, into the quadrangle. Possession could not be taken

of Magdalen, All Souls, and other Colleges, without breaking open the

doors.[621]

[Sidenote: _University of Oxford._]

There, as in Cambridge, notwithstanding the virulence of the

opposition, some of the Parliamentarian party were willing to wink at

evasions of the Covenant. Isaak Walton tells a story of some one who,

"observing Dr. Morley's behaviour and reason, and enquiring of him, and

hearing a good report of his morals, was therefore willing to afford

him a peculiar favour." He proposed that Morley should ride out of

Oxford as the visitors rode in, and not return until they left again,

undertaking to secure for him his canonry without molestation. The kind

offer, though gratefully acknowledged, was respectfully declined.[622]

An instance of practical gratitude may also be mentioned in connexion

with the Oxford ejectment. Dr. Laurence, Master of Baliol, and Margaret

professor, had, during the wars, shewn marked kindness to Colonel

Valentine Walton, an officer in the Parliament army, who had been taken

prisoner after Edge Hill fight, and confined at Oxford--the prisoner

being indebted to the professor for his release. The obligation

thus contracted, Walton repaid when Laurence suffered ejectment. He

settled on his friend a little chapelry called Colne, in the parish of

Somersham in Huntingdonshire, augmenting its value by adding to it the

tithes of Colne. This benefice Laurence had become qualified to enjoy,

by receiving a certificate of the Oxford Commissioners, to the effect,

that he had engaged to observe the Directory in all ecclesiastical

administrations--to preach practical divinity to the people--and to

forbear teaching any opinions which the reformed church condemned.[623]

[Sidenote: 1646.]

After the University in general had been subdued, a few scholars

continued incorrigible. They abused the new authorities, and scattered

about the streets scurrilous tracts, entitled, "Pegasus taught to

dance to the tune of Lachryme"--"The Owl at Athens"--"The Oxford

tragi-comedy," and many more.[624] At last, a serjeant, attended by a

file of musqueteers, published before all the College gates by beat

of drum a proclamation, that if any persons expelled by the visitors

should persist in remaining within the precincts of the University,

they should be taken into custody. And a few days afterwards another

proclamation appeared, to the effect that if any of the proscribed

individuals tarried within five miles of the city, he should be deemed

a spy, and be punished with death. This was enough. Oxford was soon

cleared of its obnoxious inmates. Probably the University had been

encouraged in its resistance by the knowledge of the differences

existing between the Parliament and the army. These differences had

become so serious, and had been brought so near, that some of the

soldiers in the Oxford garrison, sympathizing with the army at head

quarters, refused to obey the order of Parliament. Like King Charles,

the University hoped to escape under cover of the strife between the

two parties who had become their conquerors. In that hope, however, the

University, like the King, proved to be mistaken.

[Sidenote: _University of Oxford._]

Looking at the quarrel between the Parliament and the University,

we must admit that the Parliament had on its side a right such as

invariably follows victory, and such as always waits on established

government. But another aspect of this affair remains to be considered,

corresponding with the second phase of the Cambridge proceedings. What

was ecclesiastical became mixed up with what was political. Not content

with requiring obedience to the civil authority, the victors aimed at

extinguishing all spiritual power in Oxford save their own. If, in

justification or excuse it be pleaded that this came as a necessity,

arising out of the civil establishment of religion, then the same

plea of justification or excuse is valid in relation to the conduct

of the now ejected, but afterwards restored Prelatists, when they

turned out Presbyterians and Independents in 1662. The cases, so far

as ecclesiastical imposition is concerned, appear to be alike. Those

who think the proceedings of 1662 were unrighteous, and that national

universities ought not to be subjected to ecclesiastical tests, must,

if consistent, also think that the proceedings of 1644 and 1647 were

unrighteous in the very same respects.

To remove men of scandalous life was proper, and nobody could complain

of the punishment of those who violated university statutes, or wasted

university property. Persons also who had taken up arms against the

Parliament might be justly considered liable to some kind of penalty.

But the articles of enquiry, instead of being confined to such points,

were extended so as to embrace the neglect of the Covenant, and all

opposition made to the Directory, or to any doctrine, "ignorance

whereof doth exclude from the sacrament of the Lord's supper.[625]"

[Sidenote: 1646.]

[Sidenote: _University of Oxford._]

This kind of ecclesiastical inquisition served, as it often did, to

put Parliament in an utterly false position. Armed in this manner,

the ruling power stood up, not as the shield-bearer of order, but as

the sword-bearer of persecution. The University availed itself of the

circumstance, and instead of attempting to justify its resistance

of the new government--which would have been a difficult task--it

immediately betook itself to the doing of what was easy, and employed

its ablest pens in drawing up an elaborate paper in Latin and English

against the imposition of the new spiritual tests. In this way, men who

only paid the penalty of insubordination were enabled to appear, as if

carrying in their hands the martyr's palm. The Oxford champions did not

plead for religious liberty. They did not found their case on any broad

principle of toleration. They did not assert the rights of conscience,

or expose the evils of persecution. Sentiments in favour of arbitrary

government occurred even in this very manifesto, and a good deal of

the reasoning they employed was one-sided, full of special pleading,

and altogether unsatisfactory. Yet some of their objections were

forcible, as when they urged that the adoption of the Covenant would be

incompatible with their subscription to the Prayer Book, and when they

complained of Prelacy being ranked with Popery and profaneness. They

slyly intimated that they thought reform a necessity in Scotland, as

well as in England, and truly said that the policy of the Parliament

made the religion of England look like a Parliamentary religion. The

following remark, which they offered on the fourth article of the

Covenant, was not more galling than it was just:--"That the imposing the

Covenant in this article may lay a necessity upon the son to accuse the

father, in case he be a _malignant_, which is contrary to religion,

nature, and humanity; or it may open a way for children that are sick

of their fathers, to effect their unlawful intentions, by accusing

them of malignity; besides, the subjecting ourselves to an arbitrary

punishment, at the sole pleasure of such uncertain judges as may be

deputed for that effect, is betraying the liberty of the subject."[626]

[Illustration]

Ecclesiastical History of England, Volume 1—The Church of the Civil Wars · 第 22 / 24 章