Nec lex hâc justior ulla est, Quam necis artifices arte perire suâ.” It dealt so deadly a blow to the Church, that for a century and a half her arm was literally palsied, and to this hour she has not recovered from it. The injury inflicted. on their nonconforming brethren was a mere nothing to that inflicted on their Church and country. To use the language of Archdeacon Hare "So terribly is the sin of our forefathers, who framed the Act of Uniformity, visited upon England to this day; nor can any human foresight discern how or when those evils are likely to terminate. From that day we date the origin of that constituted dissent and schism, which is the peculiar opprobrium and calamity of our Church.” And then he concludes with this curious observation— "The age which enacted this rigid ecclesiastical uniformity was addicted, as might be imagined, to the practice of uniformalizing all things. It tried to uniformalize men's heads by dressing them out in full-bottomed wigs; it tried to uniformalize trees, by cutting them into regular shapes. It could not bear the free growth and luxuriance of nature. Yet even trees, if they have life, disregard their Act of Uniformity, and put forth leaves and branches according to their kinds, so that the shears have constant work to clip their excrescences. None submit quietly except the dead." Prayer, and no other, should be uniformly not foresee, and which fearfully verifies the used in public worship; and with such por- Roman poet's maxim,tion of the Act of 1662 the Bill your Lordships are now asked to consider in no way interferes; but the essential differ. once between the Act of 1662 and all its predecessors is this:-Not satisfied with enjoining the use of the altered Prayer Book, it makes that book a "test," and prescribes two different forms of subscription-one of a general nature, the other a form of absolute and unconditional assent, not to the use only, but to everything contained in aud prescribed by the Prayer Book,-in short, to every line and letter which belongs to it. Even after all the allowances the most ample that can be made for the temper of those times it is difficult to understand the state of public opinion which could have witnessed-I will not say with complacency, but absolutely with applause, the insertion of such provisions. That the tide should have set strongly against the regicides, against the Independents, against the violent sectaries of Cromwell's army, was natural enough; but that all this vengeance should have been discharged upon the Puritans, who were strongly attached to the Established Church, who had always belonged to it, who had remonstrated bravely against the trial and condemnation of the King, who had resisted the imposition of the Covenant, and, above all, who had been foremost in promoting the restoration of the exiled dynasty, does appear difficult to account for. We must not, however, be too hasty in casting indiscriminate censure upon those who framed this Act of Uniformity. It is easy enough to judge their conduct by the light we have now to guide us. It is not so easy to put ourselves in their places, and to feel quite certain we should have acted differently. At that time, it is to be recollected, the true principles of religious liberty had scarcely dawned, even upon Protestant communities; and when we find traces of this intolerant spirit still upon the statute-book, -above all, when we see that this most disastrous enactment still remains unrepealed, we should feel thankful that our lot has been cast in happier times, and should endeavour, as far we can, to undo some of those mischiefs which past legislation has entailed upon us. The effect of the Act of Uniformity was quite as severe upon Puritan ministers as the authors of it could have desired; but it had another effect, which in their blindness they could Even the Episcopal Bench was unable to escape from the rage for uniformity thus described by the venerable Archdeacon. Formerly they wore a kind of cap, with which the portraits of Jeremy Taylor and other worthies of that age have made us familiar; and those who have the misfortune to be as old as myself will recollect that curious headpiece, the episcopal wig, which formerly made it so difficult to distinguish one right rev. Prelate from another, but which the innovations of the present age have so far affected, that, however uniform may be the votes of the Bench this evening, there is no visible uniformity in their heads. It is not very easy to discover what can be said in favour of the continuance of such an enactment at the present day. I have made search in histories, biographies, annals, charges, tracts, to find I will not say a eulogy, but any vindication of this Act; but all in vain. Nothing is to be met with but one universal condemnation. In most cases the propounder of a measure, however confident in the superiority of his own arguments, is obliged to arm himself beforehand to meet well-known objections, which may be urged against him; but here it is next to impossible to anticipate a reply, whilst the arguments in disparagement of the Act of Uniformity, drawn from all sources-history, philosophy, and the genius of our religion-are so overwhelming, that it is difficult to make a selection. Although the present proposal was made by me on the first night of this Session, I find but one petition against it, whilst there are many in its favour. If I consult the press, I find that the organs of the two great parties in the Church-the Record and the Guardian-which do not often agree, have both spoken more or less favourably of my proposal. In truth, this matter exactly resembles the case of the passport system, of which, when it was abolished, The Times newspaper justly observed "That we never know the folly of a bad habit until we get rid of it, and find how easily we can get on without it. It was the peculiarity of the passport system, that whilst it order to justify these subscriptions, which, were they introduced into the transactions of private life, would put an end to all confidence between man and man. What, then, are the arguments which are to be brought forward to induce your Lordships to reject this Bill? What is it that has inflamed the zeal of my noble Friend the noble Viscount opposite to such a pitch, as to have brought him to the conviction, even before I had opened my mouth in defence of it, that the Bill I propose should be cast out at once? With some industry I have collected that, in the opinion of some persons, the National Church is in such a state of weakness and peril, that these subjects ought not even to be broached at all in Parliament; whilst others, not sharing this opinion, have yet conjured up some phantom of danger likely to happen, should this test, after existing would be no parties," they say, "to its a couple of centuries, be withdrawn. "We wrought an infinity of mischief, which was never contemplated, it proved utterly useless for the enactment; but we dread the effect of object it was presumed to have in view." abandoning it ;" and, lastly, there are And so with the Act of Uniformity. We some who think that this test is the only know that this test was intended to make security a layman has for the orthodoxy a schism in the Church of Christ in this of his minister. I will apply myself to country, and that it was eminently suc- these objections in the order in which I cessful. We know that it was intended have stated them. First, I am sure that to drive out of the Church hundreds of your Lordships will agree with me that our men who would have been its pride and National Church, so far from being in a ornament; and that it did drive them state of weakness and peril, was never in a out. We know, also, by lamentable ex- greater state of activity and vigour; and perience, that it has kept out thousands that all she wants is to be freed from some of pious men of a like stamp ever since. of those trammels which alone prevent her We know that it has created a perma- being, in reality, what she is in namenent Nonconformist institution, which is the Church of the Nation. Then, as to taking gigantic proportions. But where the danger to be apprehended if we abanare we to discover any advantages which don, as an evil practice, this ecclesiastical the Act of Uniformity has conferred upon passport system. What, then, do those us ? Has it even within our own re-fear who cannot bring themselves to get stricted pale secured unity or orthodoxy, or even uniformity? Has it in any way contributed to the piety, the wisdom, the learning, the usefulness of the clergy, or the extension of our own Church system? I listen in vain for an answer in the affirmative. This, however, we know it has done: It has exposed our clergy to an imputation not only, or chiefly, from Nonconformists, but principally from their own brethren, of making a solemn declaration before God and the congregation in a "non-natural sense, and with mental reservation; and I must say more-that, in reference to the whole of our subscription, glosses have been put forth, modes of interpretation resorted to, by men of every party in the Church, in rid of an evil, because of its having been in existence a couple of centuries? for they admit that it is an evil, saying that they would not have consented to it. Are such persons apprehensive that an alteration would let in a flood of heretical teachersSocinians, Universalists, Essayists, Brownists, and God knows what? I pray them to calm their fears. This Bill in no way alters, nor does it interfere in the smallest degree with, the standards of our Church. Should any minister, after this Bill passes, teach false doctrines, he must be tried by the same rules, and judged by the same tribunals, as before. Besides that, if any one places any confidence in the value of these subscriptions, there are enough left to satisfy the most exacting and timorous these facts I would also recommend to the "I do believe the Holy Scriptures of the Old and New Testament to be the Word of God, and to contain all things necessary to salvation; and and worship of the Protestant Episcopal Church I do sincerely engage to conform to the doctrines in the United States." I hope your Lordships will consider that I have established my position, that there is nothing to fear from the abrogation of this test, whilst there is much of good to be hoped for from it; and that the Church of England is far too strong to fear any such discussions as these. mind. Independent of tests of character in the records of your Lordships' House, and examination at or previous to taking but is an improvement even on thatorders, every one before ordination must declare his assent to the Thirty-nine Articles in the terms of the 13th Elizabeth, and must then subscribe to the three articles of the Thirty-sixth Canon: the first of which is the Oath of Supremacy; the second, an affirmation that the Book of Common Prayer containeth nothing contrary to the Word of God, that it may be lawfully used, and that he will use the same and none other in his public ministrations; and the third, another subscription to the Thirty-nine Articles. Then, I am unwilling to trespass on your time on being admitted to a benefice, he has unnecessarily; but, at the same time, I again to declare his conformity to the must not leave my case in any part inLiturgy, and his assent, for the third time, complete. Some persons have imagined, to the Thirty-nine Articles. Surely in all doubtless from not having the facts these subscriptions there is sufficient (if brought specially to their notice, that such defences are of any real value) to keep this test has not been productive of so out everything except a wolf in sheep's much evil as has been said. I do not clothing, against which, as Dr. Vaughan like to trouble the House with too much truly observes, nothing will avail. And documentary evidence, but I can assure third class of objectors-those who are of your Lordships I have in my possession numerous letters from clergymen, giving opinion that without this stringent sub- very touching accounts of their having scription the laity would not have suffi- been compelled to give up their cures, cient security. To these I may further where they were otherwise happy and observe, that a great many livings are useful, on account of the stringency of solely intrusted to curates, and that some these terms of subscription. They have remain curates all their lives. No one told me of others who, within their knowever heard that these rev. gentlemen are ledge, have gone through the same ordeal particularly heterodox, and yet they do not make this declaration at all. Happily, we are not without a very valuable example, which may safely guide us in this matter, and which I hope will entirely allay any alarms which may be felt on the subject. In a Church which received orders from us, which uses our Prayer Book (only sensibly revised, as I had the happiness to think in unison with the most rev. the Primate); which is in full communion with us, and one of whose Bishops is at this moment doing episcopal duty in Paris for the Bishop of London-I refer to the Protestant Episcopal Church of the United States, where no such subscription as that I seek to abolish is to be found. When our North American colonies separated from Great Britain, and their Church had to reconsider its whole position, after very much deliberation and careful consideration they did away with the whole of their former code of subscriptions, and substituted in lieu of them this very simple and sensible form; it is very like a form proposed by Lord Nottingham and Tillotson at the end of the seventeenth century, which is to be found of many who, on the same account, were compelled to abandon their cherished desire of dedicating themselves to the service of the ministry-of still more, who are Dissenters, who long to join the Establishment, having no essential differences with her. Of such documents I have selected the following, which I thought were worthy of your Lordships' attention : Extract of a letter from a Dissenting minister "I am a Dissenting minister, much against my wish. My forefathers were ejected in 1662, and I remain excluded for the same reasons for which they resigned large livings. Formerly I was conbut was obliged to relinquish the pulpit of one of nected (as I was bred) with the Unitarian body, the old Presbyterian chapels founded by the compeers of my forefathers, because I could not preach the peculiar negative doctrines of the sect that has got possession of many of those places. Willingly would I have rejoined the Church to which all my sympathies inclined me, and from which I have no doctrinal difference, but I could not 'assent to all and everything,' as required." Extract from a charge of the Venerable Archdeacon of Northampton, delivered May 5th, 1862 "What may be the effects of an alteration in | Will you maintain in all its deformities the terms of subscription it is not given me to an Act which has no defender; or will foresee. For myself, I would, not unwillingly, admit any good man into the ministry who would you expunge from your statute-book a subscribe to the Thirty-nine Articles, and declare provision, the suggestion of intolerance that he approved of the Liturgy more than of any and persecution, and the offspring of the other book of public prayers, and that he would worst period of our Parliamentary history? consent to use it, and no other, in the public My voice may fail to persuade your Lordservices of the Church. Nor would evil follow in these times, I think, if the declaration we are ships, but you will not, I hope, turn a now required to make, I will conform to the deaf ear to one of our greatest philosoLiturgy of the Church of England and Ireland,' phers and orators, who, although he has were the only one; we should not then have to passed away, yet lives and speaks amongst regret the departure of so many good men from us by the imperishable works of his genius. the Church. To this class, that of poli tical Dissenters, the really conscientious Nonconformists do not belong; and of these there is a very considerable body who do not disapprove of the doctrines of our Church, and who have been deterred from joining our communion only by some stringent portions of the Act of Uniformity." Extract from speech of Mr. E. Ball, M.P., in the House of Commons, on Mr. Bouverie's Clergy Relief Bill, April 9th, 1862 Though not himself a member of the Established Church, he recognised its great importance, and would be the last man to impair its stability. He hoped that the Select Committee would inquire, not only how clergymen were to be permitted to leave the Church, but how the obstacles which now prevented many valuable young men from entering its service could best be removed. The latter of these questions was much more important than the former. Hundreds, and even thousands, of young men were excluded from the ministry of the Established Church because the oath and the other requirements were so stringent that they could not conscientiously subscribe them." I have now brought my case to a close. I have endeavoured not to leave out any thing essential to it, and at the same time to avoid overlaying it with extraneous matter. I am, however, painfully conscious how imperfect has been the performance of my task. Would that I had the abilities and the influence of many I see before and around me! Then I could not have failed to impress upon the House the immense importance of the decision they are about to arrive at. The vote they are about to give will decide whether your Lordships will promote that best of all things-religious unity, or whether you will continue to foment that worst of all evils, and greatest of hinderances to the spread of the Gospelreligious discord. Whether you will assist in enlarging the bounds, in lengthening the cords, and strengthening the stakes, of our National Church-or, whether you will continue to wall her up within the narrow limits to which, by ill-starred legislation, she has been hitherto confined? "Et si mihi non datis arma, Huic date." It was in the year 1773, that Mr. Burke, speaking on the Dissenters' Relief Bill, made use of the following remarkable language: "I would respect all conscience-all conscience that is really such, and which, perhaps, its very tenderness proves to be sincere. I wish to see the established Church of England great and powerful; I wish to see her foundations laid low and deep, that she may crush the giant powers of rebellious darkness. I would have her head raised up to that heaven to which she conducts us; I would have her open wide her hospitable gates by a noble and liberal comprehension; I would have her give a lesson of peace to mankind, that a vexed and wandering generation might be taught to seek for repose and toleration in the maternal bosom of Christianity, and not in the harlot lap of infidelity and indif ference. Nothing has driven people more into that house of seduction, than the mutual hatred of Christian congregations. The hon. Gentleman would have us fight this confederacy of the powers of darkness with the single arm of the Church of England,-would have us fight, not time, with all other denominations except our only against infidelity, but fight, at the same own. In the moment we make a front against the common enemy we have to combat with all those who are the natural friends of our this. The cause of the Church of England is cause. Strong as we are, we are not equal to included in that of religion, not that of religion in the Church of England." kindness and patience, I beg now to move With a grateful sense of your Lordships' the second reading of the Bill. Moved, That the Bill be now read 2a. VISCOUNT DUNGANNON said, he appealed to the House not to agree to the second reading of this Bill on two grounds; first, on account of the encouragement it afforded to latitudinarianism; and secondly, because he was convinced that it would open the way to other and still greater innovations. By the law as it now stood it was required that every clergyman should subscribe to the Articles of the Church, and that he should sign a declaration that he assented to the Form of Common Prayer. Another declaration | his own free will, there could be no posmade by a newly-inducted minister was, sible hardship in calling upon him to dethat he would act in conformity with the rubric in reading the services on Sundays, and on certain other days. Now, it was perfectly possible for a clergyman to act formally in accordance with that pledge without really believing or in his doctrine upholding the Book of Common Prayer. The real question involved in the noble Lord's statement appeared to him to be, Whether any profession of faith on the part of the clergy of the Established Church was necessary or not? That a profession and declaration of faith was considered necessary was evidenced by the history of the early Church, and they also had in the Holy Scriptures the declaration that such a profession was required. With these precedents, it was unnecessary for him to say more on this point. The objection urged against this profession seemed to be this, that it fettered the ministers of the Church, and imposed a chain on Christian labour. But surely it would be admitted that society could not be carried on without certain restrictions being placed upon its members; and how could the Church continue, unless the duties of her ministers and their obligations were defined and limited by some such rules as these? It appeared to him that the question resolved itself into this-was it right, or not right, that the people at large should know in what manner the ministers of religion were restricted in respect of the doctrines which they promulgated? Was it necessary, or not, that the congregations should know that the clergyman had acknowledged his belief in the doctrines which he formally taught? Undoubtedly, if it were supposed that the minister did not believe in the doctrines he taught, and did not in his heart confirm the Prayer Book he read to them, his influence with his congregation would be very greatly diminished. If their Lordships looked at the state of the German Protestant Church, they would find that the latitude allowed in it had given rise to serious and neverending dissensions. Was this, he would ask, the time when the Church ought to relax in its rules and discipline? For, although he believed that the Church reigned pre-eminent in the affections of the country, there were reasons why they should be careful not to do anything tending to impair its efficiency. Moreover, no one was compelled to enter into holy orders; therefore, when a man did so of clare his adherence to the doctrines which He |