Constitutional History of England by Henry Hallam - HTML preview

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CHAPTER IV

ON THE LAWS OF ELIZABETH'S REIGN RESPECTING

PROTESTANT NONCONFORMISTS

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

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

Anglican church with the temporal constitution, and establish the

subordination and dependency of the former; the first abrogating all

jurisdiction and legislative power of ecclesiastical rulers, except under

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

rites and discipline without the approbation of parliament. It was the

constant policy of this queen to maintain her ecclesiastical

prerogative and the laws she had enacted. But in following up this

principle she found herself involved in many troubles, and had to

contend with a religious party, quite opposite to the Romish, less

dangerous indeed and inimical to her government, but full as

vexatious and determined.

Origin of the differences among the English protestants. —I have in

another place slightly mentioned the differences that began to spring

up under Edward VI. between the moderate reformers who

established the new Anglican church, and those who accused them

of proceeding with too much forbearance in casting off superstitions

and abuses. These diversities of opinion were not without some

relation to those which distinguished the two great families of

protestantism in Europe. Luther, intent on his own system of

dogmatic theology, had shown much indifference about retrenching

exterior ceremonies, and had even favoured, especially in the first

years of his preaching, that specious worship which some ardent

reformers were eager to reduce to simplicity.[266] Crucifixes and images, tapers and priestly vestments, even for a time the elevation

of the host and the Latin mass-book, continued in the Lutheran

churches; while the disciples of Zuingle and Calvin were carefully

eradicating them as popish idolatry and superstition. Cranmer and

Ridley, the founders of the English reformation, justly deeming

themselves independent of any foreign master, adopted a middle

163

course between the Lutheran and Calvinistic ritual. The general

tendency however of protestants, even in the reign of Edward VI.,

was towards the simpler forms; whether through the influence of

those foreign divines who co-operated in our reformation, or because

it was natural in the heat of religious animosity to recede as far as

possible, especially in such exterior distinctions, from the opposite

denomination. The death of Edward seems to have prevented a

further approach to the scheme of Geneva in our ceremonies, and

perhaps in our discipline. During the persecution of Mary's reign, the

most eminent protestant clergymen took refuge in various cities of

Germany and Switzerland. They were received by the Calvinists with

hospitality and fraternal kindness; while the Lutheran divines, a

narrow-minded intolerant faction, both neglected and insulted

them.[267] Divisions soon arose among themselves about the use of the English service, in which a pretty considerable party was

disposed to make alterations. The chief scene of these disturbances

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

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

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

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

on the only narrative we possess) in driving his opponents from the

city; but these disagreements were by no means healed, when the

accession of Elizabeth recalled both parties to their own country,

neither of them very likely to display more mutual charity in their

prosperous hour, than they had been able to exercise in a common

persecution.[268]

Religious inclinations of the queen. —The first mortification these

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

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

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

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

counsellors, who felt the pulse of the nation before they ventured on

such essential changes. But there was yet another obstacle, on which

the reformers had not reckoned. Elizabeth, though resolute against

submitting to the

164

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

protestants, and loved also a more splendid worship than had

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

continent were intent on copying a still simpler model. She reproved a

divine who preached against the real presence, and is even said to

have used prayers to the Virgin.[269] But her great struggle with the reformers was about images, and particularly the crucifix, which she

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

injunctions to the ecclesiastical visitors of 1559, they are directed to

have them taken away from churches.[270] This concession she must have made very reluctantly, for we find proofs the next year of her

inclination to restore them; and the question of their lawfulness was

debated, as Jewel writes word to Peter Martyr, by himself and Grindal

on one side, against Parker and Cox, who had been persuaded to

argue in their favour.[271] But the strenuous opposition of men so distinguished as Jewel, Sandys, and Grindal, of whom the first

declared his intention of resigning his bishopric in case this return

towards superstition should be made, compelled Elizabeth to

relinquish her project.[272] The crucifix was even for a time removed from her own chapel, but replaced about 1570.[273]

165

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

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

the protestant side of the question. This was the marriage of the

clergy, to which she expressed so great an aversion, that she would

never consent to repeal the statute of her sister's reign against it.[274]

Accordingly, the bishops and clergy, though they married by

connivance, or rather by an ungracious permission,[275] saw, with very just dissatisfaction, their children treated by the law as the offspring of

concubinage.[276]

166

This continued, in legal strictness, till the first year of James, when

the statute of Mary was explicitly repealed; though I cannot help

suspecting that clerical marriages had been tacitly recognised, even

in courts of justice, long before that time. Yet it appears less probable

to derive Elizabeth's prejudice in this respect from any deference to

the Roman discipline, than from that strange dislike to the most lawful

union between the sexes, which formed one of the singularities of her

character.

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

even to the system established under Edward, was no slight

disappointment to those who thought that too little had been effected

by it. They had beheld at Zurich and Geneva the simplest, and, as

they conceived, the purest form of worship. They were persuaded

that the vestments still worn by the clergy, as in the days of popery,

though in themselves indifferent, led to erroneous notions among the

people, and kept alive a recollection of former superstitions, which

would render their return to them more easy in the event of another

political revolution.[277] They disliked some other ceremonies for the same reason. These objections were by no means confined, as is

perpetually insinuated, to a few discontented persons. Except

Archbishop Parker, who had remained in England during the late

reign, and Cox, Bishop of Ely, who had taken a strong part at

Frankfort against innovation, all the most eminent churchmen, such

as Jewel, Grindal, Sandys, Nowell, were in favour of leaving off the

surplice and what were called the popish ceremonies.[278] Whether their objections are to be deemed narrow and frivolous or otherwise,

it is inconsistent with veracity to dissemble that the queen alone was

the cause of retaining those observances, to which the great

separation from the Anglican establishment is ascribed. Had her

influence been withdrawn, surplices and square caps would have lost

their steadiest friend; and several other little accommodations to the

prevalent dispositions of protestants would have taken place. Of this

it

167

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

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

usages deemed objectionable was lost only by a vote, the numbers

being 59 to 58.[279]

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

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

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

what proportion the two conflicting religions were blended on her

coming to the throne. The reformed occupied most large towns, and

were no doubt a more active and powerful body than their opponents.

Nor did the ecclesiastical visitors of 1559 complain of any resistance,

or even unwillingness, among the people.[280] Still the Romish party 168

was extremely numerous; it comprehended the far greater portion of

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

controversy, clung with pious reverence to the rites and worship of

their earliest associations. It might be thought perhaps not very

repugnant to wisdom or to charity, that such persons should be won

over to the reformed faith by retaining a few indifferent usages, which

gratified their eyes, and took off the impression, so unpleasing to

simple minds, of religious innovation. It might be urged that, should

even somewhat more of superstition remain awhile than rational men

would approve, the mischief would be far less than to drive the

people back into the arms of popery, or to expose them to the natural

consequences of destroying at once all old landmarks of

reverence,—a dangerous fanaticism, or a careless irreligion. I know

not in what degree these considerations had weight with Elizabeth;

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

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

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

queen to pursue. The difficulties of effecting a compromise between

two intolerant and exclusive sects were perhaps insuperable. In

maintaining or altering a religious establishment, it may be reckoned

the general duty of governments to respect the wishes of the majority.

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

determined,

169

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

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

a little from that uniformity which governors delight to prescribe, to

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

discontent that so soon endangered the new establishment. The

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

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

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

have been left to private discretion, not possibly without some

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

rendering their observance indispensable. Nor should we allow

ourselves to be turned aside by the common reply, that no

concessions of this kind would have ultimately prevented the disunion

of the church upon more essential differences than these litigated

ceremonies; since the science of policy, like that of medicine, must

content itself with devising remedies for immediate danger, and can

at best only retard the progress of that intrinsic decay which seems to

be the law of all things human, and through which every institution of

man, like his earthly frame, must one day crumble into ruin.

Unwillingness to comply with the established ceremonies. —The

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

ceremonies with which Elizabeth would not consent to dispense,

showed itself in irregular transgressions of the uniformity prescribed

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

aside; the communicants received the sacrament sitting, or standing,

or kneeling, according to the minister's taste; some baptized in the

font, others in a basin; some with the sign of the cross, others without

it. The people in London and other towns, siding chiefly with the

malcontents, insulted such of the clergy as observed the prescribed

order.[281] Many of the bishops readily connived at deviations from ceremonies which they disapproved. Some, who felt little objection to

their use, were against imposing them as necessary.[282] And this opinion, which led to very momentous inferences, began so much to

prevail, that we soon find the objections to conformity more grounded

on the unlawfulness of compulsory regulations in the church

prescribed by the civil power, than on any special impropriety

170

in the usages themselves. But this principle, which perhaps the

scrupulous party did not yet very fully avow, was altogether

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

flower of her prerogative she was abundantly tenacious. One thing

was evident, that the puritan malcontents were growing every day

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

generality of those who sincerely favoured the protestant cause.

There were but two lines to be taken; either to relax and modify the

regulations which gave offence, or to enforce a more punctual

observation of them. It seems to me far more probable that the former

course would have prevented a great deal of that mischief which the

second manifestly aggravated. For in this early stage the advocates

of a simpler ritual had by no means assumed the shape of an

embodied faction, whom concessions, it must be owned, are not apt

to satisfy, but numbered the most learned and distinguished portion

of the hierarchy. Parker stood nearly alone on the other side, but

alone more than an equipoise in the balance, through his high station,

his judgment in matters of policy, and his knowledge of the queen's

disposition. He had possibly reason to apprehend that Elizabeth,

irritated by the prevalent humour for alteration, might burst entirely

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

church into a slavish subjection to her caprice.[283] This might induce a man of his sagacity, who took a far wider view of civil affairs than his

brethren, to exert himself according to her peremptory command for

universal conformity. But it is not easy to reconcile the whole of his

conduct to this supposition; and in the copious memorials of Strype,

we find the archbishop rather exciting the queen to rigorous

measures against the puritans than standing in need of her

admonition.[284]

Conformity enforced by the archbishop against the disposition of

171

others. —The unsettled state of exterior religion which has been

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

determination was taken by the queen, or rather perhaps the

archbishop, to put a stop to all irregularities in the public service. He

set forth a book called Advertisements, containing orders and

regulations for the discipline of the clergy. This modest title was taken

in consequence of the queen's withholding her sanction of its

appearance through Leicester's influence.[285] The primate's next step was to summon before the ecclesiastical commission Sampson,

Dean of Christchurch, and Humphrey, President of Magdalen

College, Oxford, men of signal non-conformity, but at the same time

of such eminent reputation that, when the law took its course against

them, no other offender could hope for indulgence. On refusing to

wear the customary habits, Sampson was deprived of his deanery;

but the other seems to have been tolerated.[286] This instance of severity, as commonly happens, rather irritated than intimidated the

puritan clergy, aware of their numbers, their popularity, and their

powerful friends, but above all sustained by their own sincerity and

earnestness. Parker had taken his resolution to proceed in the

vigorous course he had begun. He obtained from the queen a

proclamation, peremptorily requiring conformity in the use of the

clerical vestments and other matters of discipline. The London

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

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

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

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

suspended from their ministry, and their livings put in sequestration.

But these unfortunately, as was the case in all this reign, were the

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

in preaching.[287]

Whatever deviations from uniformity existed within the pale of the

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

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

indulgence had been conceded to the scrupulous clergy. But they

were now reduced to determine whether the

172

imposition of those rites they disliked would justify, or render

necessary, an abandonment of their ministry. The bishops of that

school had so far overcome their repugnance, as not only to observe

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

compulsion towards others.[288] A more unexceptionable, because more disinterested, judgment was pronounced by some of the Swiss

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

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

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

dissuaded their friends from deserting their vocation on that account.

Several of the most respectable opponents of the ceremonies were

equally adverse to any open schism.[289] But the animosities springing from heated zeal, and the smart of what seemed oppression, would

not suffer the English puritans generally to acquiesce in such

temperate counsels. They began to form separate conventicles in

London, not ostentatiously indeed, but of course without the

possibility of eluding notice. It was doubtless worthy of much

consideration, whether an established church-government could wink

at the systematic disregard of its discipline by those who were subject

to its jurisdiction and partook of its revenues. And yet there were

many important considerations derived from the posture of religion

and of the state, which might induce cool-headed men to doubt the

expediency of too much straightening the reins. But there are few, I

trust, who can hesitate to admit that the puritan clergy, after being

excluded from their benefices, might still claim from a just

government a peaceful toleration of their particular worship. This it

was vain to expect from the queen's arbitrary spirit, the imperious

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

which was common to all parties in the sixteenth century. The first

instance of actual punishment

173

inflicted on protestant dissenters was in June 1567, when a company

of more than one hundred were seized during their religious

exercises at Plummer's Hall, which they had hired on pretence of a

wedding, and fourteen or fifteen of them were sent to prison.[290] They behaved on their examination with a rudeness as well as self-sufficiency, that had already begun to characterise the puritan faction.

But this cannot excuse the fatal error of molesting men for the

exercise of their own religion.

These coercive proceedings of the archbishop were feebly seconded,

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

Grindal and Sandys, successively Bishops of London and

Archbishops of York, were naturally reckoned at this time somewhat

favourable to the non-conforming ministers, whose scruples they had

partaken. Parkhurst and Pilkington, Bishops of Norwich and Durham,

were openly on their side.[291] They had still more effectual support in the queen's council. The Earl of Leicester, who possessed more

power than any one to sway her wavering and capricious temper, the

Earls of Bedford, Huntingdon, and Warwick, regarded as the

steadiest protestants among the aristocracy, the wise and grave Lord

Keeper Bacon, the sagacious Walsingham, the experienced Sadler,

the zealous Knollys, considered these objects of Parker's severity,

either as demanding a purer worship than had been established in

the church, or at least as worthy by their virtues and services of more

indulgent treatment.[292] Cecil himself, though on intimate terms with the archbishop, and concurring generally in his measures, was not far

removed from the latter way of thinking, if his natural caution and

extreme dread at this juncture of losing the queen's favour had

permitted him more unequivocally to express it. Those whose

judgment did not incline them towards the puritan notions, respected

the scruples of men in whom the reformed religion could so implicitly

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

greater part of its benefices were supplied by conformists of very

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

alacrity than they had cast them aside.[293]

174

Such a deficiency of protestant clergy had been experienced at the