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Civil and Religious Liberty.

103

a few terse sentences propose the repeal of the Oath of Abjuration altogether, as an anachronism and an absurdity, the Lords would possibly follow him on this occasion, as they have followed him before; or, if they hesitated, they might still yield to a hint from the Duke,' that the Queen's Government must ⚫ be supported.'

6

Civil disabilities were not the only penalties which the laws of this country had inflicted upon those who happened to dissent from the Established Church. Numerous penal acts directed against the unpopular Roman Catholics, and against freedom of religious opinion, had long been practically repealed by the common sense of mankind; and their removal from the StatuteBook, within the last few years, though a creditable work, has scarcely extended the religious liberties of the people, any more than the defensive protest of the Ecclesiastical Titles Bill has reduced them. Some obnoxious laws of this description are still awaiting a formal repeal, in order to mark the liberal policy of our age, which will not willingly allow itself to be responsible even for the ghost of an unjust law. Lord Eldon was willing to take away the statutory penalties of heresy from Unitarians, in the belief that their doctrine was blasphemy at Common Law. With a public opinion, however, in favour of religious liberty, the present generation will have no more difficulty in dealing with intolerance by Common Law than with intolerance by Statute.

Other grievances of a more substantial character have, in the meantime, been got rid of. Except for the purpose of inflicting penalties and disabilities, our laws had ordinarily abstained from even recognising the existence of Dissenters; and, in any general legislation, all good subjects were assumed to belong to the fold of the State Church. If Dissenters complained of any hardship arising out of this principle, the answer was ready, It is their own fault! why don't they belong to the Church, like other people?' Thus the domestic relations of Dissenters were sported with, and their feelings and consciences outraged by laws which had never been intended to gall them. A Dissenter could only be married in the parish church, with which he had no connexion, by a clergyman whose office he disclaimed, and with a religious service obnoxious to his conscience. His marriage was announced by the publication of banns, and was registered in the archives of the Church, of which he was not a member. The birth of his child could only be recorded by means of a baptism repugnant to his faith; and his death was unacknowledged unless he had been buried according to the rites and ceremonies of the Church which he disowned. For years these grievances were

derided; but in 1836, tardy justice at length redressed them. For all legal purposes, the law now regards marriage as a civil contract, and has established a civil registration of births, marriages, and deaths. Churchmen may enjoy in peace the privileges of their own Church, without forcing their ceremonies upon others; and Dissenters are allowed to pass through the three great events of life, without perpetual collision and dissatisfaction with the Church.

Another grievance, touching the pockets rather than the consciences of Dissenters, has not been so easily remedied. The settlement of the Church-Rate question, in vain attempted by Lord Althorp, remains to try the ingenuity of some enterprising statesman, who delights in having a difficulty to over

come.

But this liberal policy towards Roman Catholics and Dissenters is imputed by some to the latitudinarian tendencies of the age, and the indifference of our Governments to the Church and to religious truth. Let us see if the interests of the Church and the spiritual welfare of the people have been neglected. The State can do little to extend the spiritual influence of the Church. This is derived from a higher power, and works by an agency above the reach of Kings and Parliaments. But in regard to its temporal interests, its political stability, and its worldly means of doing good, more has been effected by law, in the last twenty years, to maintain and extend the influence of the Church, than during the whole of its history since the Reformation. Indeed these very measures of toleration, so far from being proofs of hostility or indifference, are of all the most conducive to its safety, by removing a constant cause of offence from before its way. Since Dissenters have been admitted to equality in the eye of the law, their hostility to the Church is no longer political, but purely ecclesiastical. Churchmen and Dissenters have worked together, for many good purposes, more harmoniously than had been their habit; and the rancour of their ancient animosities has subsided. If ever these feelings should be revived, it will be by some unlucky scheme of National Education or Church Rates, on which Churchmen and Nonconformists may again be brought into collision.

While Dissenters have been conciliated by that just policy, which was their due, (apart from any considerations of expediency in reference to the interests of the Church,) the Church itself has been benefited, equally with the occupiers of land and the great body of the public, in the readjustment of the principles and provisions by which its temporalities are secured. By the general commutation of tithes the clergy are rescued from all provocation to ungracious conflicts in every

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Legislation for the Church.

105

parish in the Kingdom; and their uncertain income, derived from an unpopular impost, is converted into a Church property no more insecure nor more invidious than an estate in land. Who shall say from what political perils this great conservative measure may not have saved the Church? We can

not extol too highly the ability, discretion, and temper, which were required, to conduct to a successful issue one of the most difficult, but most popular and effective operations of modern legislation.

The

The State has further come in aid of the Church by correcting many of its abuses, and by extending the efficiency of its machinery. This delicate experiment was approached in a manner most agreeable to the heads of the Church, and most protective of their interests. It was confided to a Commission, chiefly composed of the most distinguished prelates, whose recommendations were adopted by the Legislature. In consequence, the local limits of the ancient sees have been better adapted to Episcopal superintendence; something done towards a fairer distribution of the incomes of the Bishops; and two new bishoprics erected at Ripon and Manchester. The staff of dignitaries in Cathedral and Collegiate Churches has been reduced, and their revenues applied in extending the means of spiritual instruction. efficiency of the Establishment has been further increased by restricting pluralities, and enforcing residence; while by the combined agency of the Ecclesiastical Commissioners and of the Governors of Queen Anne's Bounty, provision has been made for dividing parishes, and adding to the number of the working clergy in populous places. Together with these measures some legislative security has been taken that the discipline of the clerical body may be improved, and scandalous ministers more readily brought to trial. Spiritual-mindedness on the part of the Bishops themselves, and a contempt for lucre, unfortunately cannot be secured by law: but, if Ecclesiastical Commissions have tended to bring Episcopacy into suspicion, it is not the fault of the Legislature by whom the Commissions were issued with other views.

The principle of encouraging the building of churches by pecuniary assistance from the State was introduced in 1818, when 1,000,000l. was granted by Parliament for building new churches where they might be most wanted. 500,000l. were added in 1824; and loans to the extent of a million and a half have been supplied for the same purpose. So great has been the zeal of Churchmen, that in many dioceses, if not in the whole of England, more churches have been built and endowed in thirty years than in the previous three hundred. Nor are there any grounds for suspecting that the zeal of the Legislature is

subsiding. In the last Session the House of Commons addressed the Crown on the subject; when Her Majesty replied, that the attention of her Government had previously been directed to the best means of rendering the resources of ❝ the Established Church available for affording more efficient pro'vision for the spiritual wants of her people.' In 1825, 50,000l. were set apart for the building of churches in the Highlands and Islands of Scotland. At the same time, the building of churches and chapels has been further encouraged by exempting them from several taxes to which other buildings are liable. Duties amounting to 336,3407., upon building materials alone, were remitted between 1817 and 1845.

The watchfulness of Parliament over the interests of the Church has been nobly met by increased exertions on the part of the clergy. At no period of its history have the clergy, as a body, been more active, zealous, and successful in their ministrations, nor the Church itself more generally popular and respected. On some points of doctrine and ceremonial, unhappy differences have indeed arisen, which might yet be reconciled by the wise moderation of all parties; but in promoting the spiritual and moral welfare of their flocks, all sections of the clergy have been of one mind. There is no denying, however, that, at the present time, the Church, in its relations with the State, requires the most skilful treatment. The recent example of the Church of Scotland warns us of the perils which lie in one direction; while, on the other hand, the laity are not prepared to admit the ascendancy of the Church, for which too many of its clergy contend, almost in the spirit of Rome and the Middle Ages.

sur

In Ireland the Protestant Church required the vigorous interposition of the State, not to extend its influence, as in England, but, to save it from present destruction. A Protestant Church, planted in the midst of a Roman Catholic population, rounded by foes who clamoured for its fall,-plotted against in secret by Romanist priests, and execrated in public by political agitators, was helplessly looking to the State for protection. In order to save such an Establishment, it was necessary to reduce it in some sort of proportion to its spiritual requirements. Ten bishoprics were discontinued, and the incomes of the remainder regulated; sinecure dignities were abolished; benefices in which Divine Service had not been performed for three years were not to be filled up; smaller livings were to be augmented; and the parochial clergy were to be raised into more efficiency, wherever there was a Protestant congregation. All things considered, a most modest reduction, surely. The unpopular vestry cess,

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National Education in Great Britain.

107 - an impost as litigious in its nature as Church rates, was abolished, and the maintenance and repairs of churches provided for out of an annual tax upon benefices and other clerical

revenues.

But, while Parliament was engaged in reconstituting the Church Establishment in Ireland, its revenues were in danger of being entirely lost by the resistance of the people to the payment of tithes. Force was tried, and tried in vain. The tithe proctor, aided by the police and military, distrained the cattle and furniture of the peasantry, but no purchasers were to be found. Tithe proctors were murdered, and policemen shot; but the tithes were not collected. To enforce the levy of tithes in the accustomed manner was to perpetuate a fruitless civil war. Some fundamental change in the law was seen to be inevitable: in the meantime the clergy were starving. Their immediate necessities, therefore, were relieved by a Parliamentary loan of 1,000,0007., which was subsequently converted into a gift; and the permanent settlement of the Irish tithe question henceforth became one of the chief difficulties of the Government. For five Sessions it occupied the attention of Parliament; and it was not until the abandonment of the Appropriation Clauses, in 1838, that it was ultimately disposed of. The tithe compositions were then converted into a rent-charge, payable by the landlord, and equal in amount to three-fourths of the old compositions. In other words, by the sacrifice of a fourth of its precarious income, the Irish Church became possessed, during the term of its natural life, of a real estate equal in security to any in that Kingdom.

It would have been well, if the State, in providing for the religious instruction of the people of England, had taken more pains in behalf of their secular education. The interference of the State, however, had been so beset with difficulties, principally arising out of religious dissensions, that, until 1834, education was left to the operation of the 'voluntary principle.' Twenty years ago public opinion had not been prepared for the general education of the children of the working classes. A few old ladies, in every neighbourhood, still continue to condemn it. When they were younger, the great majority of their friends probably agreed with them. Even when the policy of educating the masses' became more generally acknowledged, every system of national education appeared open to objections. The Church relied upon its ancient prerogative and exclusive right to educate the people; and, as usual, disowned all knowledge of Dissenters. This claim could not be admitted by a State which protects freedom of religious opinion; and, fortunately for the Church, it escaped the odium which would have attached