CHAPTER X.

As there had been only an adjournment, and not a prorogation in the

summer of 1661, the Bill of Uniformity, carried by the Commons before

that period, remained eligible for consideration from the Lords in the

following January. They read the Bill a first time, on the 14th, the

Spiritual Peers before that date having taken their seats, and the

revision of the Prayer Book by Convocation having also been completed.

The Bill was read a second time, and referred upon the 17th of January

to a Select Committee. Upon the 13th of February, this Committee

requested to know whether they should proceed with the old Prayer

Book sent up to them by the Commons, or wait for the copy revised by

Convocation. That copy had been handed to the King for examination--a

thing not suited to his taste--but whether teased to the performance

of a task, or taking the whole matter on trust, it is certain, that

before the end of the month of February, he formally sanctioned the

alterations.[312]

The volume having been, by the two Archbishops presented to the Lords,

the Earl of Northumberland proposed that the old Prayer Book should be

adopted, in connection with Queen Elizabeth's Act of Uniformity--a

proposition which, however feasible at an earlier period, came now too

late.

[Sidenote: 1662.]

The slow progress made by the Lords had dissatisfied the Lower House,

and complaints from that quarter had reached the Royal ears; hence,

when the King gave audience to the Commons at Whitehall, on the 3rd

of March, respecting his revenues, he, having before that time sent

the revised Prayer Book to the Peers, could boldly speak as follows:

"I hear you are very zealous for the Church, and very solicitous,

and even jealous, that there is not expedition enough used in that

affair; I thank you for it, since, I presume, it proceeds from a good

root of piety and devotion; but I must tell you I have the worst luck

in the world, if, after all the reproaches of being a Papist, whilst

I was abroad, I am suspected of being a Presbyterian now I am come

home."[313] This strange kind of talk was followed by a declaration

of zeal for the interests of the Church of England. The Duke of

Buckingham, the Earl of Pembroke, Lord Wharton, and other Peers, were

added to the Committee of the Upper House for considering the contents

of the Bill.[314]

The secrets of that Committee have not been disclosed. It is remarkable

that it included a decided Nonconformist in Lord Wharton, one still

favourable to Nonconformity in the Earl of Manchester, and two Bishops

who had been Presbyterians--Gauden, the Bishop of Exeter,[315] and

Reynolds, Bishop of Norwich,--to say nothing of the Duke of Albemarle,

who had been identified both with Independents and with Presbyterians.

These persons formed but a small minority in a Committee which

consisted altogether of above thirty members; and they formed but a

feeble minority compared with such powerful men as Sheldon, Bishop of

London, Cosin, Bishop of Durham, Morley, then Bishop of Worcester, and

Sanderson, Bishop of Lincoln. Was the opposition of the small minority

violently overborne? or did the small minority tamely submit? Wharton

was the only man likely to make much resistance.

[Sidenote: UNIFORMITY BILL.]

The Earl of Bridgwater reported on the 13th of March, "divers

amendments and alterations," stating that they related to the Book

recommended by the King, and not to the Book brought up from the House

of Commons. The alterations in the Book were read before reading the

amendments to the Bill.

Two days after the report had been delivered, the business was

completed; the Peers had caught the spirit of Convocation, and, by

their haste now, had made up for lost time. Clarendon took occasion to

thank the Bishops for their revision of the Book in Convocation, and

requested them to thank their clerical brethren of the Lower House.

The preamble to the Bill received approval upon the 17th of March,

when the Minister just mentioned communicated a message from His

Majesty, and read a proviso which he wished to be inserted. The House,

evidently startled at the wish, requested him to read the proviso a

second time. This being done, the matter stood over for consideration

until the following day. The Journals are silent as to the nature of

this proviso; but a despatch by De Wiquefort, the Dutch Minister,

explains the matter. Amongst the gossip which he details to his

Court--how in a chest belonging to Henry Marten, was found a memoir

by the French Ambassador, full of the praises of the Commonwealth;

how the Irish Catholics were getting into trouble because they had

been negotiating with Rome to the King's prejudice; how they were

forbidden to present any request; how their agent was not allowed to

appear at Court; and how the Chancellor had a strong party formed

against him;--the writer communicates an important fact, which solves

the enigma left by the Journals. The Chancellor, says De Wiquefort,

informed the Lords that the King wanted a power to be inserted in the

Act of Uniformity, enabling him to relieve clergymen from an obligation

to wear the surplice and to make the sign of the cross.[316] From this

information it appears that Charles, even at this early period, aimed

at a dispensing power, a power which, before the close of the year,

he eagerly endeavoured to grasp. The Lords, however, were jealous of

the interference of the Crown in sending such a message as had been

delivered by Clarendon; and they questioned whether a resolution ought

not to be entered on the Journals in reference to it, fearing lest

their privileges might be endangered by their going so far as even

to take such a subject into consideration. The 19th of March found

the Bill recommitted, including the Royal proviso and the several

amendments.

[Sidenote: 1662.]

The amendments consisted of certain additions to the preamble--of the

connection with the Prayer Book of the Psalms of David, as they were to

be said or sung in churches; of the form of ordaining and consecrating

Bishops, Priests, and Deacons;--of the substitution of the feast of

St. Bartholomew for Michaelmas, as the time when the Act should come

in force;--of the insertion of a new form, according to that adopted

by Convocation, declaring "unfeigned assent and consent" not only as

originally prepared to the use of the Book, but to all and everything

it contained and prescribed; and of an additional form, repudiating the

Solemn League and Covenant. Both these forms required subscription. A

further amendment rendered it necessary, that every minister of the

Church of England should be episcopally ordained, and that licenses

from Bishops should be secured by all who undertook the office of

Lecturers.[317]

[Sidenote: UNIFORMITY BILL.]

Some of the amendments occasioned little or no debate, a circumstance

which surprises us when we consider the Puritan tendencies of certain

Lords. The points which chiefly occupied attention were--first, the

requirement of Episcopal ordination as a _sine quâ non_; and, secondly,

the imposition of the form which repudiated the Covenant. The debates

on these questions, so far as they can be recovered, will now be given.

I. It was argued by some who retained Puritan sympathies, that the

first of these requirements was not in accordance with what had "been

the opinion of the Church of England,--and that it would lay a great

reproach upon all other Protestant Churches, who had no Bishops; as if

they had no ministers, and, consequently, were no Churches:--for, that

it was well known, the Church of England did not allow reordination,

as the ancient Church never admitted it; insomuch, as if any priest of

the Church of Rome renounces the communion thereof, his ordination is

not questioned, but he is as capable of any preferment in this Church,

as if he had been ordained in it. And, therefore, the not admitting

the ministers of other Protestant Churches, to have the same privilege,

can proceed from no other ground than that they looked not upon them

as ministers, having no ordination; which is a judgment the Church of

England had not ever owned, and that it would be very imprudent to do

it now."

[Sidenote: 1662.]

This argument called forth replies from other members--most likely

from some of the Bishops--to the following effect:--"That the Church

of England judged none but her own children, nor did not determine

that other Protestant Churches were without ordination. It is a thing

without their cognizance; and most of the learned men of those Churches

had made necessity the chief pillar to support that ordination of

theirs. That necessity cannot be pleaded here, where ordination is

given according to the unquestionable practice of the Church of Christ;

if they who pretend foreign ordination are His Majesty's subjects,

they have no excuse of necessity, for they might in all times have

received Episcopal ordination; and so they did upon the matter renounce

their own Church; if they are strangers, and pretend to preferment in

this Church, they ought to conform, and to be subject to the laws of

the kingdom, which concern only those who desire to live under the

protection [thereof.] For the argument of reordination, there is no

such thing required. Rebaptization is not allowed in or by any Church;

yet in all Churches where it is doubted, as it may be often with very

good reason, whether the person hath been baptized or no, or if it

hath been baptized by a midwife or lay person; without determining

the validity or invalidity of such baptism, there is an hypothetical

form--'If thou hast not been already baptized, I do baptize,' &c.

So, in this case of ordination, the form may be the same--'If thou

hast not been already ordained, then I do ordain,' &c. If his former

ordination were good, this is void; if the other was invalid or

defective, he hath reason to be glad that it be thus supplied."[318]

Such a mode of silencing the scruples of ministers on whom the

ceremonies of reordination was imposed, came extensively into fashion

after the passing of the Act.

[Sidenote: UNIFORMITY BILL.]

II. When the House resumed their discussions,[319] the point in

consideration was "the clause of ministers declaring against the

Covenant."[320] A form of abjuring both the doctrine of resistance, and

the obligations of the Covenant, had been required by the Corporation

Act. Upon comparing the words in that Act with the words in the Bill

of Uniformity, it will be found that the latter are the same as the

former, with the addition of two short clauses,--first, "that I will

conform to the Liturgy of the Church of England, as it is now by law

established;" and, secondly, that the Covenant entailed no obligation

"to endeavour any change or alteration of government in Church or

State." As this form of renouncing the Covenant was only of temporary

use, and was to be abolished in twenty years, it ceased afterwards to

receive much attention; but, at first, it constituted a chief point of

interest both to the upholders and opponents of the Bill, even beyond

the importance attached to the form of subscription and declaration

respecting the Prayer Book. Many of the Peers, who had taken the

Covenant, were not so much concerned that the clergy should be obliged

to make this declaration, as that, when such a clause should be passed

and sanctioned, it might be inserted in other Acts relating to the

functions of other offices, so that, in a short time, what was now only

required of the clergy might be required of themselves.[321]

[Sidenote: 1662.]

The Puritan Peers warmly opposed the clause as unnecessary, and as

widening the breach instead of closing up the wounds which had been

made. Many men would believe or fear that this clause might prove a

breach of the Act of Indemnity, which had not only provided against

indictments and suits at law and penalties, but against reproaches

for what was past. As for conformity to the Liturgy, it was provided

for fully in the former subscription prescribed by the Bill. The

Covenant contained many good things, as defending the King's person,

and maintaining the Protestant religion: and to say that it entailed

no obligation would neither be for the service of the King, or the

interest of the Church; especially since it was well known, it had

wrought upon the conscience of many in the late revolution. At any

rate, it was now dead; all were absolved from taking it. If it had at

any time produced any good, that was an excuse for its irregularity:

it could do no mischief for the future; and therefore it was time to

bury it in oblivion.[322]

[Sidenote: UNIFORMITY BILL.]

The Court party, Clarendon says, made themselves very merry with the

allegation, that the King's safety and the interest of the Church were

provided for by the Covenant, since it had been entered into, in order

to fight the King and destroy the Church. It contradicted itself; and,

if it were not so, the obligation to loyalty was better provided for

by some other oaths. The Bill was no breach of the Act of Indemnity,

the new Declaration was absolutely necessary, for the safety of the

King's person, and the peace of the kingdom; the Covenant was still

the idol to which the Presbyterians sacrificed: and there must always

be a jealousy of those who had taken it, until they had declared

that it did not bind them. The clergy, of all men, ought to be glad

of the opportunity which was offered, to vindicate their loyalty and

obedience.[323]

[Sidenote: 1662.]

The Bill being now in its last stage, the Lords appointed certain of

their number to draw up a clause empowering the King to make such

provision for any of the deprived clergy as he should see fit.[324] As

this clause--like the proviso respecting the cross in baptism--opened

the door for Royal interference--so, probably, like that, it originated

in a Royal suggestion. At all events, these two amendments in contrast

with others which increased the severity of the Bill, indicated the

existence of kindliness towards tender consciences, and impoverished

clergymen,--a disposition which Charles entertained, and in which

certain Lords, including some not puritanically inclined, concurred

with him.

When the Bill had reached a third reading, the amendments were referred

to the Commons for their consideration. The Commons vigorously set

themselves to work; the Committee sitting until eight at night--a late

hour in those days--and meeting early the next morning.[325]

No debate arose upon the alterations made in the Prayer Book by the

Houses of Convocation. The House of Commons, indeed, appointed a

Committee to compare the Book of Common Prayer sent down from the Lords

with the Book sent up by themselves; but the alterations were adopted

at once; or, rather, the Book as a whole was adopted. It is remarkable,

however, to find how then, as almost always, the members showed

themselves jealous of their privileges; for, upon a question being put,

whether the contents of the revised Book should come under debate, and

the question being negatived,[326] lest it should be thought that the

State in this matter submitted to the Church, and allowed the right of

Convocation to control Parliamentary proceedings, another question,

_i.e._, "that the amendments made by the Convocation, and sent down by

the Lords to this House, _might_ by the order of this House, have been

debated," received an affirmative answer, without a single dissentient

voice.

[Sidenote: UNIFORMITY BILL.]

Whilst jealous of any interference with their own privileges, the

Commons had no regard for the interests or feelings of the Puritan

clergy; since they accepted the harsh amendments of the Peers, and

added others of their own, so as to render the Bill more intolerable

than it had been before. This circumstance has commonly been

overlooked, and therefore requires particular attention.

The Lords had introduced a reference to "the tenderness of some men's

consciences;" the Commons struck out the words.[327]

When the Lords' substitution of "Bartholomew" for "Michael the

Archangel," a substitution which aggravated the severity of the

measure, came to the vote, there were 87 for the Angel's day, and 96

for the Saint's.[328] The amendments and alterations respecting

ordination, subscription, and the Covenant, all of which had been

conceived in the same spirit of severity, were adopted without division.

[Sidenote: 1662.]

At the same time the Commons extended the operation of the measure so

as to bring within the meshes of their net not only the clergy, but all

who held offices in the Universities, and every kind of teacher down

to the village schoolmaster, and the tutor in a private family. All

such persons, as well as Deans, Canons, and Prebendaries, who had been

mentioned in the original Bill, were obliged, through the amendments of

the Commons, to subscribe the declaration of non-resistance; to conform

to the Liturgy of the Church of England, as now by law established;

to deny that any obligation had been incurred by taking the Covenant;

and to repudiate that oath as altogether unlawful. The addition of a

penalty of three months' imprisonment to meet the case of those men who

had no livings to lose, affords another instance of the harsh spirit

of the Lower House. Likewise these legislators drew within the reach

of the Bill, the case of those who held benefices without cures--for

the reason that the House did not "think fit to leave sinecures to

Nonconformists," nor permit a Nonconformist to hold a Curate's or a

Lecturer's place.[329] An attempt being made in a different direction

to confine preferment to those who should receive Episcopal ordination

"according to the form of the Church of England,"--a restriction which

would have excluded such as were in Romish orders,--the attempt met

with a different fate. It entirely failed.[330] The Lords' tolerant

proviso for dispensing with the cross and surplice was by the Commons

negatived at once;[331] and after an adjourned debate upon the

allowance of a fifth part of the income to ejected Incumbents, the

considerate amendment of the Peers was thrown out by a majority of

seven.[332]

[Sidenote: UNIFORMITY BILL.]

[Sidenote: 1662.]

When all this had been done, a message reached the Upper House, on the

30th of April, to request a Conference with the Commons relative to the

amendments; but owing to the dilatoriness of the Peers the Conference

did not take place before the 7th of May, when Serjeant Charlton

defended the Bill in the shape in which the Commons had left it.[333]

In an elaborate oration he pointed out, and defended each of their

amendments, dwelling upon the extension of the Act to schoolmasters, as

necessary for the proper education of the young, the neglect of which

amongst the gentry and nobility had been, he said, the root of numerous

mischiefs in the Long Parliament. "It was an oversight," he added,

"in the usurped powers that they took no care in this particular,

whereby many young persons were well seasoned in their judgments as

to the King. This made the Commons take care that schoolmasters, as

well as ministers should subscribe, and rather more." The penalty of

three months' imprisonment, this gentleman ingeniously urged, was

designed to meet the case of those who had no livings to lose: it was

imprisonment in default of paying a fine: whilst the proviso introduced

by the Lords, to dispense with cross and surplice, he contended was

a thing altogether without precedent, which would establish schism,

and yet not satisfy those for whose relief it was intended. The

King's engagement at Breda to respect "tender consciences" had been

noticed by the Lords in support of their amendment; and now, with the

commonplace sophistries always at hand for the use of intolerance,

the manager laughed at the idea of calling schismatical consciences

"tender." "A tender conscience denoted," according to his definition,

"an impression from without received from another, and that upon which

another strikes;" what the definition exactly means I am at a loss to

comprehend. The Serjeant was clearer, and more plausible, although

equally sophistical in his legal reasoning, to the effect that the

Breda Declaration had two limitations: first, its validity depended

upon the sanction of Parliament; and, secondly, the bestowment of

liberty must consist with the kingdom's peace. As to the allowance of

fifths to the ejected ministers, he argued that it would be repugnant

to the idea of uniformity; that, "joined with the pity of their

party" it "would amount to more than the value of the whole living;"

that it would be a reflection on the Act; that it would impoverish

Incumbents; and that it would encourage Dissent. This argument was no

less heartless than contrary to the precedent, which, under similar

circumstances, had been furnished by the Long Parliament. Charlton

further suggested that the Lords should recommend Convocation, to

direct "such decent gestures," to be used during the time of Divine

service, as was fit. It may be stated that the Lords, on the 8th of

May, recommended to the Bishops and the House of Convocation, to

prepare some canon or rule for the purpose; and that the matter was

accordingly brought before Convocation on the 10th and 12th of May,

when the 18th of the canons of James I., relating to the subject,

underwent emendation.[334] Charlton concluded by saying, that he found

one mistake in the rubric of baptism, which he conceived was made

by a copyist, the word _persons_ being written instead of the word

_children_.[335] The amendments and alterations reported to the Lords

were all agreed to, and the clerical error in the Bill pointed out by

Charlton, was formally rectified at the Clerks' table by the Bishops of

Durham, St. Asaph, and Carlisle, under authority from Convocation.[336]

[Sidenote: UNIFORMITY BILL.]

[Sidenote: 1662.]

The MS. volume, copied from the printed Book of Common Prayer, of the

edition of 1636, and altered according to the decisions of Convocation,

was with the printed Book attached to the Act.[337]

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