it, two out of four subsidies, previously granted, were remitted. It had, however, been the practice ever since the Reformation, to confirm the grant of clerical subsidies by act of Parliament, and as the four last granted were so confirmed, it became necessary to obtain parliamentary authority for remitting two of them. The act for doing this contains a saving clause, in which the constitutional rights of the clergy are expressly reserved'. Their power of taxing themselves is therefore dormant, not abolished. So long, however, as they are placed upon a footing of perfect equality with other men, they have no reason even to wish it revived; and its revival must necessarily be attended with a loss of the privilege of voting for members of parliament, which clergymen had never exercised before they gave up the practice of taxing themselves2.

§ 13. The reign of Charles II. is remarkable for three penal enactments against separation from the national church, which were long conspicuous in English politics, and of which the last remained in active operation until the year 1829. These are the Corporation and Test Acts, and the Act by which Romanists were disabled from sitting in either house of parliament. The Corporation Act was passed in 1661, as it is averred by dissenting authorities, in consequence of rumours of revolu

1❝ Provided always, that nothing herein contained shall be drawn into example to the prejudice of the ancient rights belonging unto the lords spiritual and temporal, or clergy of this realm, or unto either of the universities, or unto any colleges, schools, alms-houses, hospitals, or cinque ports." Kennet's Complete Hist. Engl. iii. 255.

2 Whether this great change in the manner of taxing, now introduced, and likely to continue, be more to the interest, or to the prejudice of the church and clergy of England, is not so easy to determine: though excepting the former independence of the state of the clergy, and the danger of being oppressed when they shall hereafter fall under the displeasure of a House of Commons, we must confess that they have hitherto been better dealt with than while they taxed themselves, and they seem only to have lost the benefit

of presenting their articles of grievances, and obtaining the more easy redress of them as a reward of their liberality to the crown. Nay, the clergy have gained one privilege, that of all rectors and vicars voting for members of Parliament, which they never did till their money was now given by the lay commons; and therefore they ought to be now represented by them, and ought, for the same reason, to lose their votes in all parliamentary elections, if ever they could reassume the practice of taxing themselves. There is a clause that does sufficiently reserve that right but supposing the clergy should think fit to claim it, it is a great question whether the House of Commons will allow it: who, being now in possession of the custom of taxing the clergy, may not be willing to relinquish that custom." Ibid.

tionary movements among the non-conforming Protestants, which were either grossly exaggerated, or altogether invented by the church party, for the purpose of oppressing its capital enemy. The real origin of this Act appears to have been the obvious policy of following a precedent supplied by the late republican times. It had then been the practice to expel from corporations all magistrates who were suspected of disaffection to the ruling powers, and refused to subscribe the covenant. The new government, while dubious of stability, naturally thought functionaries who owed office to this purgative process, highly dangerous to itself, and not unreasonably sought protection against them by tests of its own. It accordingly provided by the Corporation Act, that the king might appoint commissioners to regulate corporations, and expel members of them either improperly admitted, or holding obnoxious principles. All such as remained, or should hereafter be elected, were to take the oaths of allegiance and supremacy, to make a declaration against taking arms against the king on any pretence whatever, and to renounce the covenant as an unlawful oath. Hereafter none were to be eligible to corporate offices who should not have received the sacrament in the established church within the year previous to election. In virtue of this Act, commissioners were immediately appointed, who, within two years, effectually turned the tables upon the church's enemies, weeding all of them out of corporations with as much industry as they themselves had employed in the same way against the other party a few years before. The Test Act, as it is commonly called, was passed in 1673, and Protestant dissenters fell under its lash, although they concurred in its enactment, and it was introduced merely as a security against Romanism. It is entitled, An Act to prevent dangers which happen from Popish Recusants. The Duke of York and the Romish influence about the throne were the objects to which it really referred, and Protestant non-conformists were so much disquieted by the dangers threatening a scriptural faith from this cause, that they generously submitted to exclusion themselves, (if very stiff in their opinions,) for the sake of excluding

3 Neal, iii. 83.

4 Hume, xi. 206.

5

Neal, iii. 84.

those who were anxious to nullify the Reformation altogether. The Act required all officers both civil and military to take the oaths of allegiance and supremacy, and besides to make a declaration against transubstantiation, in an open court of justice being additionally bound to receive the sacrament at church within six months after admission. In these provisions undoubtedly there was nothing to which an orthodox Protestant dissenter needed to feel an insurmountable objection. Nor, in fact, was it unusual with those who were acknowledged and attached members of dissenting congregations to qualify, as taking the sacrament for an official purpose was popularly called, when first placed in office. Perhaps even a Romanist, well informed and liberal, might have taken every part of this test for an especial purpose, without violating his conscience, except the disavowal of transubstantiation. Upon that doctrine, however, his religious position turns, and to disclaim it is conversion, or apostacy, as men would say, according to their different views. In 1678 a test was provided still more severe, and of a wider operation. It was an Act for disabling Papists from sitting in either House of Parliament. This is the Act which occasioned such long political contests in the earlier years of the nineteenth century, and of which the repeal was popularly called Catholic emancipation. It allowed none to vote, or give a proxy, or sit in parliament, without taking the oaths of allegiance and supremacy, renouncing transubstantiation, "in the presence of God," and declaring "the invocation of the Virgin and other saints, and the sacrifice of the mass, to be superstitious and idolatrous"." This Act had no creditable origin, being passed during the national fever of the popish plot. But however infamous might have been the authority for the existence of this conspiracy, and however senseless the nation in believing him, it should in justice be remembered that a popish plot really was in existence and operation, the king himself being implicated in it, influenced both by such religious predilections as he had, and by a mercenary eye to

6 Alderman Love, a Dissenter, and member for the city, said, "We are willing to lie under the severity of the laws for a time, rather than clog a

more necessary work with our concerns." Ibid. 189.

7 Butler's Hist. Mem. ii. 46.

French gold. Nor, probably, would Oates have found any opening for his fictions, had not something of the reality transpired.

§ 14. It has been debated whether James II. meant chiefly the establishment of Popery or that of arbitrary power. There can, however, be no question that he entertained both views during his brief and infatuated reign; and it seems probable, that if he had been assured of attaining the one on condition of abandoning the other, with a power of choosing which was to prevail, his choice would have fallen upon religion. Had mere politics been his principal aim, he would have hardly given up himself so completely as he did, to the counsels of headstrong priests, in defiance of the coolness manifested by many lay Romanists, and even by the court of Rome itself. But it is plain that he ascended the throne with a fixed determination to patronize exclusively such as favoured, if they did not profess, his own religion, and most likely, besides, with an intention and expectation of bringing about its re-establishment. It is, indeed, true that he spoke at first very favourably of the Church of England'. He reckoned, however, upon it as a political engine, and fancied that some of those doctrines of passive obedience, which it had of late discreditably advocated, might be found interwoven in its very constitution'. He also, very probably, reckoned upon those liberal views of Romanism, and approximation to some of its principles and usages, which had prevailed ever since the days of Laud, as evidences that a regular reconciliation with Rome might be rendered sufficiently palatable to the high church party. But the church, although, on principle, favourable to established authority, can never be reckoned upon by it, when arrayed against herself. Resist

8" Many" (Romanists) " aware that the spirit of discontent was stirring, deprecated any alteration which might afterwards provoke a reaction." Lingard, xiii. 58.

9" It was previously" (to a nuncio's arrival) "known to James and his more zealous advisers, that the pontiff disapproved of their ardour and precipitancy." Ibid. 73.

1 James said, in his speech to the privy council, on his accession, “I know

the principles of the Church of England are for monarchy, and the members of it have shown themselves good and loyal subjects: therefore, I shall always take care to defend and support it." Kennet, iii. 427.

2 The king said in his interview with the bishops, which led to their committal: "The dispensing power was never questioned by men of the Church of England" D'Oyly's Sancroft, 161.

ance then becomes as much a matter of principle as obedience would be under opposite circumstances. Nor are persons of the Anglican communion, because free from that extreme abhorrence of Popery which many Protestants have professed, and because favourable to certain principles and usages which Romanists derive from high antiquity, at all disposed for a surrender of those vital points which the Reformation denounced, and which Romish theologians never have succeeded in identifying satisfactorily with catholic antiquity. These insurmountable obstacles to their success were, however, neither observed by James, nor by those priestly advisers who possessed his ear. The latter, accordingly, and indeed Romanists generally, courted observation, and assumed an obtrusive tone of confidence almost immediately after the king's accession. This indiscreet contempt of public opinion not only occasioned general disgust and alarm, but also drove the clergy into such polemic preparations as hunted Popery out of every subterfuge, by the time that James had ended his senseless attempts to force it upon the country. It was the fear of this argumentative and scholarly storm that impelled him into his first aggressive attempt upon the church in an order against controversial sermons. For this he had a precedent of his brother's. A similar order had been issued soon after the Restoration: but its object then was to restrain Episcopalians and Presbyterians from mutually inflaming the public mind. Now the object sought was to prepare the way for an enemy that threatened every shade of Protestant belief with extermination. Such an object the church courageously resisted, and in spite of royal displeasure, clerical attacks upon Popery became every day more strenuous and able. To repress this activity, John Sharp, dean of Norwich, and rector of St. Giles's-in-the-Fields, eventually archbishop of York, was singled out for an example. He had preached, in May, 1686, upon the

3 Neal, iii. 265.

4 "The discourses and other writings which were then composed, form collectively, perhaps, the most powerful bulwark against those adversaries which has ever been produced. They have been collected under the title of a Preservative against Popery, in three

folio volumes, and form a highly valuable repository of theological learning, most creditable to the erudition, the zeal, and the industry of the members of our national church." D'Oyly's Sancroft, 132.

5 Dated March 5, 1686. Kennet,

454.