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leave men of this sort to the mercy of the very prince to whom they refuse to swear fidelity. If he is willing to bear with their scrupulosity, if he considers them, notwithstanding their prejudices, as innocent and useful members of society, who else can be entitled to complain?
The Whigs were vehement on the other side. They scrutinised, with ingenuity sharpened by hatred, the claims of the clergy to the public gratitude, and sometimes went so far as altogether to deny that the order had in the preceding year deserved well of the nation. It was true that bishops and priests had stood up against the tyranny of the late King: but it was equally true that, but for the obstinacy with which they had opposed the Exclusion Bill, he never would have been King, and that, but for their adulation and their doctrine of passive obedience, he would never have ventured to be guilty of such tyranny. Their chief business, during a quarter of a century, had been to teach the people to cringe and the prince to domineer. They were guilty of the blood of Russell, of Sidney, of every brave and honest Englishman who had been put to death for attempting to save the realm from Popery and despotism. Never had they breathed a whisper against arbitrary power till arbitrary power began to menace their own property and dignity. Then, no doubt, forgetting all their old commonplaces about submitting to Nero, they had made haste to save themselves. Grant,-such was the cry of these eager disputants,-grant that, in saving themselves, they saved the constitution. Are we therefore to forget that they had previously endangered it? And are we to reward them by now permitting them to destroy it? Here is a class of men closely connected with the state. A large part of the produce of the soil has been assigned to them for their maintenance. Their chiefs have seats in the legislature, wide domains, stately palaces. By this privileged body the great mass of the population is lectured every week from the chair of authority. To this privileged body has been committed the supreme direction of liberal education. Oxford and Cambridge, Westminster, Winchester, and Eton, are under priestly government. By the priesthood will to a great extent be formed the character of the nobility and gentry of the next generation. Of the higher clergy some have in their gift numerous and valuable benefices; others have the privilege of appointing judges who decide grave questions affecting the liberty, the property, the reputation of their Majesties' subjects. And is an order thus favoured by the state to give no guarantee to the state? On what principle can it be contended that it is unnecessary to ask from an Archbishop of Canterbury or from a Bishop of Durham that promise of fidelity to the government which all allow that it is necessary to demand from every layman who serves the Crown in the humblest office. Every exciseman, every collector of the customs, who refuses to swear, is to be deprived of his bread. For these humble martyrs of passive obedience and hereditary right nobody has a word to say. Yet an ecclesiastical magnate who refuses to swear is to be suffered to retain emoluments, patronage, power, equal to those of a great minister of state. It is said that it is superfluous to impose the oaths on a clergyman, because he may be punished if he breaks the laws. Why is not the same argument urged in favour of the layman? And why, if the clergyman really means to observe the laws, does he scruple to take the oaths? The law commands him to designate William and Mary as King and Queen, to do this in the most sacred place, to do this in the administration of the most solemn of all the rites of religion. The law commands him to pray that the illustrious pair may be defended by a special providence, that they may be victorious over every enemy, and that their Parliament may by divine guidance be led to take such a course as may promote their safety, honour, and welfare. Can we believe that his conscience will suffer him to do all this, and yet will not suffer him to promise that he will be a faithful subject to them?
To the proposition that the nonjuring clergy should be left to the mercy of the King, the Whigs, with some justice, replied that no scheme could be devised more unjust to his Majesty. The matter, they said, is one of public concern, one in which every Englishman who is unwilling to be the slave of France and of Rome has a deep interest. In such a case it would be unworthy of the Estates of the Realm to shrink from the responsibility of providing for the common safety, to try to obtain for themselves the praise of tenderness and liberality, and to leave to the Sovereign the odious task of proscription. A law requiring all public functionaries, civil, military, ecclesiastical, without distinction of persons, to take the oaths is at least equal. It excludes all suspicion of partiality, of personal malignity, of secret shying and talebearing. But, if an arbitrary discretion is left to the Government, if one nonjuring priest is suffered to keep a lucrative benefice while another is turned with his wife and children into the street, every ejection will be considered as an act of cruelty, and will be imputed as a crime to the sovereign and his ministers.92
Thus the Parliament had to decide, at the same moment, what quantity of relief should be granted to the consciences of dissenters, and what quantity of pressure should be applied to the consciences of the clergy of the Established Church. The King conceived a hope that it might be in his power to effect a compromise agreeable to all parties. He flattered himself that the Tories might be induced to make some concession to the dissenters, on condition that the Whigs would be lenient to the Jacobites. He determined to try what his personal intervention would effect. It chanced that, a few hours after the Lords had read the Comprehension Bill a second time and the Bill touching the Oaths a first time, he had occasion to go down to Parliament for the purpose of giving his assent to a law. From the throne he addressed both Houses, and expressed an earnest wish that they would consent to modify the existing laws in such a manner that all Protestants might be admitted to public employment.93 It was well understood that he was willing, if the legislature would comply with his request, to let clergymen who were already beneficed continue to hold their benefices without swearing allegiance to him. His conduct on this occasion deserves undoubtedly the praise of disinterestedness. It is honourable to him that he attempted to purchase liberty of conscience for his subjects by giving up a safeguard of his own crown. But it must be acknowledged that he showed less wisdom than virtue. The only Englishman in his Privy Council whom he had consulted, if Burnet was correctly informed, was Richard Hampden;94 and Richard Hampden, though a highly respectable man, was so far from being able to answer for the Whig party that he could not answer even for his own son John, whose temper, naturally vindictive, had been exasperated into ferocity by the stings of remorse and shame. The King soon found that there was in the hatred of the two great factions an energy which was wanting to their love. The Whigs, though they were almost unanimous in thinking that the Sacramental Test ought to be abolished, were by no means unanimous in thinking that moment well chosen for the abolition; and even those Whigs who were most desirous to see the nonconformists relieved without delay from civil disabilities were fully determined not to forego the opportunity of humbling and punishing the class to whose instrumentality chiefly was to be ascribed that tremendous reflux of public feeling which had followed the dissolution of the Oxford Parliament. To put the Janes, the Souths, the Sherlocks into such a situation that they must either starve, or recant, publicly, and with the Gospel at their lips, all the ostentatious professions of many years, was a revenge too delicious to be relinquished. The Tory, on the other hand, sincerely respected and pitied those clergymen who felt scruples about the oaths. But the Test was, in his view, essential to the safety of the established religion, and must not be surrendered for the purpose of saving any man however eminent from any hardship however serious. It would be a sad day doubtless for the Church when the episcopal bench, the chapter houses of cathedrals, the halls of colleges, would miss some men renowned for piety and learning. But it would be a still sadder day for the Church when an Independent should bear the white staff or a Baptist sit on the woolsack. Each party tried to serve those for whom it was interested: but neither party would consent to grant favourable terms to its enemies. The result was that the nonconformists remained excluded from office in the State, and the nonjurors were ejected from office in the Church.
In the House of Commons, no member thought it expedient to propose the repeal of the Test Act. But leave was given to bring in a bill repealing the Corporation Act, which had been passed by the Cavalier Parliament soon after the Restoration, and which contained a clause requiring all municipal magistrates to receive the sacrament according to the forms of the Church of England. When this bill was about to be committed, it was moved by the Tories that the committee should be instructed to make no alteration in the law touching the sacrament. Those Whigs who were zealous for the Comprehension must have been placed by this motion in an embarrassing position. To vote for the instruction would have been inconsistent with their principles. To vote against it would have been to break with Nottingham. A middle course was found. The adjournment of the debate was moved and carried by a hundred and sixteen votes to a hundred and fourteen; and the subject was not revived.95 In the House of Lords a motion was made for the abolition of the sacramental test, but was rejected by a large majority. Many of those who thought the motion right in principle thought it ill timed. A protest was entered; but it was signed only by a few peers of no great authority. It is a remarkable fact that two great chiefs of the Whig party, who were in general very attentive to their parliamentary duty, Devonshire and Shrewsbury, absented themselves on this occasion.96
The debate on the Test in the Upper House was speedily followed by a debate on the last clause of the Comprehension Bill. By that clause it was provided that thirty Bishops and priests should be commissioned to revise the liturgy and canons, and to suggest amendments. On this subject the Whig peers were almost all of one mind. They mustered strong, and spoke warmly. Why, they asked, were none but members of the sacerdotal order to be intrusted with this duty? Were the laity no part of the Church of England? When the Commission should have made its report, laymen would have to decide on the recommendations contained in that report. Not a line of the Book of Common Prayer could be altered but by the authority of King, Lords, and Commons. The King was a layman. Five sixths of the Lords were laymen. All the members of the House of Commons were laymen. Was it not absurd to say that laymen were incompetent to examine into a matter which it was acknowledged that laymen must in the last resort determine? And could any
The Whigs were vehement on the other side. They scrutinised, with ingenuity sharpened by hatred, the claims of the clergy to the public gratitude, and sometimes went so far as altogether to deny that the order had in the preceding year deserved well of the nation. It was true that bishops and priests had stood up against the tyranny of the late King: but it was equally true that, but for the obstinacy with which they had opposed the Exclusion Bill, he never would have been King, and that, but for their adulation and their doctrine of passive obedience, he would never have ventured to be guilty of such tyranny. Their chief business, during a quarter of a century, had been to teach the people to cringe and the prince to domineer. They were guilty of the blood of Russell, of Sidney, of every brave and honest Englishman who had been put to death for attempting to save the realm from Popery and despotism. Never had they breathed a whisper against arbitrary power till arbitrary power began to menace their own property and dignity. Then, no doubt, forgetting all their old commonplaces about submitting to Nero, they had made haste to save themselves. Grant,-such was the cry of these eager disputants,-grant that, in saving themselves, they saved the constitution. Are we therefore to forget that they had previously endangered it? And are we to reward them by now permitting them to destroy it? Here is a class of men closely connected with the state. A large part of the produce of the soil has been assigned to them for their maintenance. Their chiefs have seats in the legislature, wide domains, stately palaces. By this privileged body the great mass of the population is lectured every week from the chair of authority. To this privileged body has been committed the supreme direction of liberal education. Oxford and Cambridge, Westminster, Winchester, and Eton, are under priestly government. By the priesthood will to a great extent be formed the character of the nobility and gentry of the next generation. Of the higher clergy some have in their gift numerous and valuable benefices; others have the privilege of appointing judges who decide grave questions affecting the liberty, the property, the reputation of their Majesties' subjects. And is an order thus favoured by the state to give no guarantee to the state? On what principle can it be contended that it is unnecessary to ask from an Archbishop of Canterbury or from a Bishop of Durham that promise of fidelity to the government which all allow that it is necessary to demand from every layman who serves the Crown in the humblest office. Every exciseman, every collector of the customs, who refuses to swear, is to be deprived of his bread. For these humble martyrs of passive obedience and hereditary right nobody has a word to say. Yet an ecclesiastical magnate who refuses to swear is to be suffered to retain emoluments, patronage, power, equal to those of a great minister of state. It is said that it is superfluous to impose the oaths on a clergyman, because he may be punished if he breaks the laws. Why is not the same argument urged in favour of the layman? And why, if the clergyman really means to observe the laws, does he scruple to take the oaths? The law commands him to designate William and Mary as King and Queen, to do this in the most sacred place, to do this in the administration of the most solemn of all the rites of religion. The law commands him to pray that the illustrious pair may be defended by a special providence, that they may be victorious over every enemy, and that their Parliament may by divine guidance be led to take such a course as may promote their safety, honour, and welfare. Can we believe that his conscience will suffer him to do all this, and yet will not suffer him to promise that he will be a faithful subject to them?
To the proposition that the nonjuring clergy should be left to the mercy of the King, the Whigs, with some justice, replied that no scheme could be devised more unjust to his Majesty. The matter, they said, is one of public concern, one in which every Englishman who is unwilling to be the slave of France and of Rome has a deep interest. In such a case it would be unworthy of the Estates of the Realm to shrink from the responsibility of providing for the common safety, to try to obtain for themselves the praise of tenderness and liberality, and to leave to the Sovereign the odious task of proscription. A law requiring all public functionaries, civil, military, ecclesiastical, without distinction of persons, to take the oaths is at least equal. It excludes all suspicion of partiality, of personal malignity, of secret shying and talebearing. But, if an arbitrary discretion is left to the Government, if one nonjuring priest is suffered to keep a lucrative benefice while another is turned with his wife and children into the street, every ejection will be considered as an act of cruelty, and will be imputed as a crime to the sovereign and his ministers.92
Thus the Parliament had to decide, at the same moment, what quantity of relief should be granted to the consciences of dissenters, and what quantity of pressure should be applied to the consciences of the clergy of the Established Church. The King conceived a hope that it might be in his power to effect a compromise agreeable to all parties. He flattered himself that the Tories might be induced to make some concession to the dissenters, on condition that the Whigs would be lenient to the Jacobites. He determined to try what his personal intervention would effect. It chanced that, a few hours after the Lords had read the Comprehension Bill a second time and the Bill touching the Oaths a first time, he had occasion to go down to Parliament for the purpose of giving his assent to a law. From the throne he addressed both Houses, and expressed an earnest wish that they would consent to modify the existing laws in such a manner that all Protestants might be admitted to public employment.93 It was well understood that he was willing, if the legislature would comply with his request, to let clergymen who were already beneficed continue to hold their benefices without swearing allegiance to him. His conduct on this occasion deserves undoubtedly the praise of disinterestedness. It is honourable to him that he attempted to purchase liberty of conscience for his subjects by giving up a safeguard of his own crown. But it must be acknowledged that he showed less wisdom than virtue. The only Englishman in his Privy Council whom he had consulted, if Burnet was correctly informed, was Richard Hampden;94 and Richard Hampden, though a highly respectable man, was so far from being able to answer for the Whig party that he could not answer even for his own son John, whose temper, naturally vindictive, had been exasperated into ferocity by the stings of remorse and shame. The King soon found that there was in the hatred of the two great factions an energy which was wanting to their love. The Whigs, though they were almost unanimous in thinking that the Sacramental Test ought to be abolished, were by no means unanimous in thinking that moment well chosen for the abolition; and even those Whigs who were most desirous to see the nonconformists relieved without delay from civil disabilities were fully determined not to forego the opportunity of humbling and punishing the class to whose instrumentality chiefly was to be ascribed that tremendous reflux of public feeling which had followed the dissolution of the Oxford Parliament. To put the Janes, the Souths, the Sherlocks into such a situation that they must either starve, or recant, publicly, and with the Gospel at their lips, all the ostentatious professions of many years, was a revenge too delicious to be relinquished. The Tory, on the other hand, sincerely respected and pitied those clergymen who felt scruples about the oaths. But the Test was, in his view, essential to the safety of the established religion, and must not be surrendered for the purpose of saving any man however eminent from any hardship however serious. It would be a sad day doubtless for the Church when the episcopal bench, the chapter houses of cathedrals, the halls of colleges, would miss some men renowned for piety and learning. But it would be a still sadder day for the Church when an Independent should bear the white staff or a Baptist sit on the woolsack. Each party tried to serve those for whom it was interested: but neither party would consent to grant favourable terms to its enemies. The result was that the nonconformists remained excluded from office in the State, and the nonjurors were ejected from office in the Church.
In the House of Commons, no member thought it expedient to propose the repeal of the Test Act. But leave was given to bring in a bill repealing the Corporation Act, which had been passed by the Cavalier Parliament soon after the Restoration, and which contained a clause requiring all municipal magistrates to receive the sacrament according to the forms of the Church of England. When this bill was about to be committed, it was moved by the Tories that the committee should be instructed to make no alteration in the law touching the sacrament. Those Whigs who were zealous for the Comprehension must have been placed by this motion in an embarrassing position. To vote for the instruction would have been inconsistent with their principles. To vote against it would have been to break with Nottingham. A middle course was found. The adjournment of the debate was moved and carried by a hundred and sixteen votes to a hundred and fourteen; and the subject was not revived.95 In the House of Lords a motion was made for the abolition of the sacramental test, but was rejected by a large majority. Many of those who thought the motion right in principle thought it ill timed. A protest was entered; but it was signed only by a few peers of no great authority. It is a remarkable fact that two great chiefs of the Whig party, who were in general very attentive to their parliamentary duty, Devonshire and Shrewsbury, absented themselves on this occasion.96
The debate on the Test in the Upper House was speedily followed by a debate on the last clause of the Comprehension Bill. By that clause it was provided that thirty Bishops and priests should be commissioned to revise the liturgy and canons, and to suggest amendments. On this subject the Whig peers were almost all of one mind. They mustered strong, and spoke warmly. Why, they asked, were none but members of the sacerdotal order to be intrusted with this duty? Were the laity no part of the Church of England? When the Commission should have made its report, laymen would have to decide on the recommendations contained in that report. Not a line of the Book of Common Prayer could be altered but by the authority of King, Lords, and Commons. The King was a layman. Five sixths of the Lords were laymen. All the members of the House of Commons were laymen. Was it not absurd to say that laymen were incompetent to examine into a matter which it was acknowledged that laymen must in the last resort determine? And could any
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