To prevent confusion, let it be distinctly stated at

once, that in tracing the form which the new ecclesiastical establishment assumed under the impress of Cromwell's genius, we confine ourselves in this chapter to the legislation of nine months; consisting of those ordinances which were issued between the end of the Little Parliament, in December, 1653, and the opening of the first Protectorate Parliament, in September, 1654. During this period, the foundations of the Protector's ecclesiastical policy were laid.

I. State Recognition.--The articles of government-the conception and inspiration of which must be regarded as proceeding from Cromwell-distinctly declared "that the Christian religion, as contained in the Scriptures, be held forth and recommended as the public profession of these nations."1 Christianity being thus recognized as part and parcel of the law of the land, the sanctions of religion were introduced at the inauguration of the Protector; the solemnities of worship and of preaching were connected with all special public acts; and the exercises of devotion constantly accompanied the ordinary business of

Article XXXV.,

VOL. II.

Parliament. The State continued to recognize religion by the appointment of fast days, which were of frequent occurrence; whilst the Scotch brethren objected to this exercise of civil authority as an Erastian intrusion into the spiritual realm.1 Preachers, both Presbyterian and Independent, were appointed on these occasions; and a fast day sometimes was solemnized by a service which lasted from nine o'clock in the morning until four in the afternoon.

By an express article, all who professed the Roman Catholic religion were disabled from voting, as well as from being elected; and as the Act which had been passed against execrable opinions, treated as culprits and subjected to penalties those who opposed Christianity, it virtually deprived all such persons of the electoral franchise. Infidels and heretics, also, who attacked or undermined the foundations of the Christian faith, forfeited the rights of denizenship. But these laws did not affect the social position of any individuals who professed Protestantism in any of its usually-recognized forms of orthodoxy. All the "sects were accepted as citizens. So were the Presbyterians. And, although Prelacy was forbidden, there was nothing which could legally prevent an Episcopalian from going to the poll to give or receive the vote of a freeman. Still, we must not forget that, since the Common Prayer-book had been prohibited, any one who persisted in using its formularies might have both his franchise and his freedom brought into peril.2 From these facts, it is evident that England under the

"The clergy in Scotland refused to observe the fast day ordered by the Protector, it being their principle, not to receive any directions for the keeping fasts from the civil magistrates."- Whitelocke, 607.

2 Harris, in his Life of Cromwell, 432, on Clarendon's authority, says that Cromwell, by a declaration, rendered all Cavaliers incapable of being elected, or of giving a vote.

Protectorate was, in theory, a religious Commonwealth ; that the State possessed a spiritual as well as a secular character; that Christianity was considered essential to the welfare of society; and that an irreligious man was not regarded as a faithful subject. But this theory of the Commonwealth as a Christian State must not be confounded with the theory of the National Church as connected with the Commonwealth. The lines of limitation in the two cases were not the same. Considerable differences existed between the Christianity which entitled all its disciples to the franchise of the citizen and the Christianity which entitled its ministerial advocates to the support of the State. What those differences were will be indicated as we proceed.

II. State Control.-The laws made certain distinctions between what was civil and what was sacred. They followed the early legislation of the Long Parliament by withdrawing all secular matters from ecclesiastical authority. Wills received careful attention from the Little Parliament in 1653, when commissioners were appointed to superintend that business, and to grant administrations "in the late provinces of Canterbury and York." powers were defined, and the probate fees to be taken by registrars were, after the payment of expenses, to be appropriated to the support of the navy. The Act of 1653 was revived in 1654, and more commissioners were added to the existing number.1

1 Scobell, 232, 288; Cromwellian Diary, i. cxviii., 17; ii. 253.

Respecting the administration of wills during the Commonwealth, we subjoin the following illustrations:

In relation to a chasm in the Registry of Norwich between 1652 and 1660, the following passage is

Their

found in one of the indexes:"Cætera ab hoc anno desiderantur testamenta. Cæpit jam Cromwelli usurpatoris istius ambitio rabide sævire; cujus sub vexillo grassabantur undique seditio, violentia, rebellio, sacrilegium, et quod (horrendum dictu est) regicidium. Huic

The main control over the Church consisted, not in any Act of Uniformity-nor in the establishment of a particular creed-nor in the maintenance of a simple mode of worship, but in the appointment of a spiritual tribunal, invested with the power of determining who were fitting persons to fulfil the Christian ministry. In the month of March, 1653-4, an ordinance appeared,1 reciting that there had been no certain method adopted for supplying vacancies with able ministers, in consequence of which the rights of patrons had been prejudiced, and "weak, scandalous, popish, and ill-affected persons had intruded themselves, or been brought in, to the great grief and trouble of the good people of this nation." As a remedy, it was ordained that every person presented to a benefice, or appointed to a lecture, should be approved by certain Commissioners who were named for that purpose. No mention is made of any standard of faith, of any mode of worship, or of any scheme of polity. Episcopacy, Presbyterianism, Independency, anti-Pædobaptism—in

short, particular forms of Christianity are entirely unnamed and unnoticed. In general terms, power was vested in the Commissioners :-they were to grant admission to the ministry; their certificate being a sufficient induction; but a vote of exclusion did not acquire validity unless nine members were present at the time when the vote was passed. Appointments made by these Commissioners did not interfere with the rights of patronage. They had no authority to dispose of Church benefices, or to elect lecturers; but only to determine upon the qualifications of those whom the patrons presented or the people chose. Nor did the law construe the decision of these judges "to be any solemn or sacred setting apart of a person to any particular office in the ministry." In short, the Commissioners formed a board, and nothing more, for the examination of persons who presented themselves for the ministerial office. So far, it bore a likeness to the Assembly of Divines, for they had exercised similar functions in the examination of clergymen; but then they had been more numerous, and had been wont to consult Church standards and formularies for the guidance of their judgment. Nothing of the sort limited the power of the new Commissioners, and, moreover, their unfettered power was lodged in comparatively few hands. Some creed, statute, canon, or established usage, had in all similar cases been recognized as a rule of action; but in this instance everything was left for determination by the wisdom or the will of irresponsible functionaries.1 No

Yet they were constantly subject to the control of the Protector and Council of State; these without being formally constituted a court of appeal, were so in fact. Take the following instance from the council books:

"October 5th, 1654.-Whereas, by a late ordinance of his Highness the Lord Protector and the Council, passed the 2nd of December last, it is ordained that the Commissioners for Approbation of Public Preachers shall not give admission to any